Currently, there are more Cerebral Palsy lawsuits in courts across America and in Europe than there are cases of Erb’s palsy, but some of the most recent successful birth injury cases have been coming from Erb’s Palsy litigation in which a child’s brachial paralysis, or arm paralysis, was preventable and the negligence of a physician for causing harm to the infant during labor complications is considered medical malpractice.

An example of an extremely successful and recent Erbs Palsy lawsuit occurred recently in Connecticut when a 4-year-old boy, who sustained nerve damage during labor complications and who has suffered from Erb’s Palsy since, was awarded $3.49 million. According to several local news organizations, this is the largest medical malpractice suit in the history of the Connecticut. The boy, Omar Earlington Jr., has little movement in his right arm, additionally; he is not likely to be able to fully straighten his arm ever. Because of his condition, the Connecticut courts found in favor of the plaintiff, Earlington, and his family.

The defendant in the Erbs palsy case was the family’s obstetrician, Anthony Anastai, who neglected to factor in the size of the fetus in comparison to the small pelvis of Earlington’s mother, Tamar. The plaintiff’s lawyers proved that Omar should have been delivered via Caesarean section and because of this, the jury found Anastai along with the F.A.L. Medical Associates in Connecticut responsible for the disabilities the child now lives with.

Individuals who have a similar plight to the Earlintons or who have suffered because of neglect and medical malpractice may have the ability to develop a lawsuit and are advised to contact an experienced medical malpractice law firm. Although the Earlingtons were awarded a very high amount, it is unusual in medical malpractice suits to receive several million dollars. However, there is the possibility for an adequate return of compensatory damages. As medical malpractice suits grow, so does the amount of compensation. According to a database of jury verdicts compiled from the LRP Publications, the average amount for a medical malpractice lawsuit is reaching $1 million in recent years.

Individuals who feel they may be a victim of medical malpractice or negligence by a hospital, physician or other medical professional should locate a law firm specializing in medical malpractice. Those who have been affected by a birth injury are advised to better educate themselves on the steps of building a birth injury case, or, more specifically, an Erb’s Palsy lawsuit. LegalView offers instant assistance through its Web site in locating the most experienced and specialty lawyer in your area.

About the Author

Katie Kelley is a writer an editor who has worked for numerous news outlets and publications. She is also a contributor to http://www.legalview.com and adds content to the Erb’s Palsy practice area, including http://erbs-palsy.legalview.com/erbs-palsy-lawsuits.aspx

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