The birth of a child is one of the most joyful moments in a family’s life. However, when complications arise during delivery and a newborn suffers a birth injury, that joy can quickly turn into fear, confusion and heartbreak. If your child has been diagnosed with brachial plexus palsy (Erb’s palsy), it is crucial to contact a birth injury lawyer as soon as possible. Acting quickly ensures that your child’s legal rights are protected and gives your family the best chance at securing the resources needed for ongoing medical care and support.
What is Brachial Plexus Palsy or Erb’s Palsy?
Brachial plexus palsy or Erb’s palsy is a form of injury to the brachial plexus that typically occurs during a difficult labor or delivery. The brachial plexus is a network of nerves located near the neck that controls movement and sensation in the shoulder, arm and hand. When these nerves are stretched, compressed or torn, it can result in partial or complete paralysis of the arm. Some of the most common symptoms of this condition may include:
- Weakness in one arm
- Loss of feeling in the arm or hand
- Decreased grip strength
- Limited range of motion
- An arm that hangs limply or turns inward
Brachial plexus palsy (Erb’s palsy) is often the result of excessive pulling or stretching of the infant’s head, neck or shoulders during delivery. This can happen in a number of situations, including shoulder dystocia, where the baby’s shoulders become stuck behind the mother’s pelvic bone. It could also occur with improper use of delivery tools such as forceps or vacuum extractors or due to the failure on the part of a medical professional to perform a timely cesarean section (C-section) when the baby is too large for a safe vaginal delivery. The use of excessive force during a breech birth can also result in brachial plexus palsy (Erb’s palsy). In many cases, these birth injuries are preventable with proper fetal monitoring or other timely interventions.
Why You Need a Birth Injury Lawyer Immediately
Statute of Limitations:
One of the most important reasons to contact a lawyer right away is the statute of limitations. This is the legal time limit for filing a medical malpractice claim. In many states, you only have a limited window to take legal action after a birth injury occurs. If you miss this deadline, you may lose your right to compensation. The sooner you consult a lawyer, the better. An experienced attorney can help ensure that all deadlines are met and that your claim is filed properly and on time.
Preserving Evidence:
The success of medical malpractice cases depends heavily on medical records, witness statements and expert analysis. The longer you wait, the harder it may become to gather crucial evidence. Hospitals may misplace records and memories may fade. A birth injury lawyer will begin investigating right away, preserving vital information and building a strong case on your behalf.
Determining Medical Negligence (Carelessness):
A skilled attorney can work with medical experts to determine whether your child’s injury was caused by inappropriate medical care during pregnancy or delivery. This includes analyzing whether doctors followed standard protocols, if warning signs were ignored, whether a C-section should have been performed and how delivery tools were used. This level of investigation is complex and requires both an attorney with a thorough understanding of laws around medical negligence (carelessness) and access to experts with knowledge of medical procedures.
Calculating Long-Term Costs:
Children with brachial plexus palsy (Erb’s palsy) may require ongoing treatment, including physical therapy, occupational therapy, surgery, adaptive devices and special education support. A birth injury lawyer can help calculate the true cost of your child’s care including future medical needs, pain and suffering and loss of quality of life. Without legal representation, families often underestimate these costs and may settle for far less than they deserve.
Securing Financial Support:
Filing a successful birth injury claim can result in significant compensation to help your child live as full and independent a life as possible. This compensation can cover costs including but not limited to medical expenses, cost of rehabilitation and therapy, special education needs, loss of future earnings, past and future pain and suffering, etc. This type of financial support can lift a huge burden off your family and provide peace of mind as you focus on your child’s recovery.
Holding Healthcare Providers Accountable:
Pursuing legal action is not just about securing financial compensation. It’s also about accountability. By holding negligent (careless) medical professionals and hospitals responsible for their actions, you help prevent similar injuries from happening to other families in the future. Your case may even lead to changes in policies or procedures that improve patient safety.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
- Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000.
- Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000.
- North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-
519-5000. - Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-
3000. - Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-
3131. - Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000.
- Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555.
- Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000.
- Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262.
- Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000.
- Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4 YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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