A brachial plexus palsy (Erb’s palsy) lawsuit is a civil lawsuit brought by the family
(usually parents) of children affected by brachial plexus palsy or Erb’s palsy. Such lawsuits are typically filed against care providers, hospitals or doctors since this condition is caused by medical negligence (carelessness) during birth that leads to nerve damage. Erb’s palsy lawsuits can help families receive monetary compensation to pay for ongoing medical treatment, care, rehabilitation, equipment, therapy, lost income, etc.
If you have a child who has been diagnosed with brachial plexus palsy (Erb’s palsy) as the result of an injury suffered at birth, you may have an Erb’s palsy case. It would be in your best interest to seek the counsel of an experienced New York birth injury attorney who has successfully handled brachial plexus palsy (Erb’s palsy) cases and has a track record of securing multi-million-dollar verdicts for injured children and their families.
Brachial plexus palsy (Erb’s palsy) and Medical Negligence (Carelessness)
A number of brachial plexus palsy or Erb’s palsy cases stem from medical negligence (carelessness) or medical malpractice, which refers to failure on the part of medical professionals to keep patients safe. Doctors who use excessive force during delivery, don’t make the right decision when it comes to performing cesarean sections (C-sections) or are inept in using birth-assistive devices such as forceps and vacuum extractors can cause significant damage including nerve injury resulting in brachial plexus palsy. For example, when a doctor or person delivering the baby pulls on a baby’s head, neck or limbs during delivery, it can cause the nerves to stretch or tear. Such negligence (carelessness) can cause irreversible injury and harm to children.
Why File a Brachial plexus palsy (Erb’s palsy) Lawsuit?
Filing a lawsuit allows the affected parents to hold the parties who caused their child’s injuries and disabilities accountable. When taking such a legal step, the family can seek the required monetary compensation to provide their child with necessary treatments, therapies and ongoing care.
While each brachial plexus palsy or Erb’s palsy case may vary depending on the facts and circumstances, generally speaking, compensation for the lawsuits are based on the following factors:
• Expenses related to therapy, surgery, equipment, counseling, etc.
• Lost income if the child’s parents had to quit their job to provide care
• Permanent injuries or disabilities
• Past and future pain and suffering
• Emotional distress
• Future loss of earnings
While providing much-needed financial compensation, a lawsuit filed for a brachial plexus palsy (Erb’s palsy) case also bring a sense of closure for the affected parents. In such cases, while the parents may feel the enormous emotional and financial burdens that come with caring for a child, they are often extremely distraught when they learn that their child’s injury may have been prevented with proper care. Filing a lawsuit and receiving just compensation helps provide these families with a sense of justice. Further, these types of lawsuits expose the inadequacies present in the system as well as the quality of medical care that is provided and may bring about changes that strengthen patient safety and care in hospitals.
Contacting an Experienced Lawyer
If your child has suffered birth injuries, he or she may be able to receive compensation that helps pay for medical expenses, lost income, cost of therapy, future treatments, permanent injuries, disabilities, past and future pain and suffering, etc. For over 50 years, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm have helped clients better understand their legal rights and options. We will fight hard to recover just compensation for you. 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 many cases where New York City Health and Hospital Corporation facilities deliver babies with brachial plexus palsy (Erb’s palsy) due to 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 Hospital 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 and/or medical malpractice 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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