The birth of a child is a miraculous event that brings feelings of joy, contentment, excitement, and awe at what you’ve just experienced. Parents look forward to loving, raising, and providing for their precious little child.
Unfortunately, there are things that can happen in the delivery room which shatter those dreams and give way to tragedy. As New York medical malpractice attorneys, a common occurrence we see is when one or both of the baby’s shoulders become lodged behind the mother’s pubic bone.
There are special treatment plans in place specifically for doctors to address this issue in a delicate and successful manner. Most doctors will follow these specific plans, but some do not.
They end up pushing or pulling on the baby’s head in an effort to dislodge it from the current position. When this happens, the results can be devastating. Spinal cord nerve roots can be damaged to the point of rupturing, and the result is Erb’s Palsy.
This is a terrible and unnecessary event that can lead to lifelong, irreversible damage.
If you think your baby’s Erb’s Palsy was the result of medical malpractice, contact The Law Offices of Michael S. Lamonsoff, PLLC, immediately. Our team has extensive experience fighting for the victims of Erb’s Palsy, and we will get you the financial compensation that you deserve.
Why do I need a medical malpractice attorney?
There are several reasons why a New York medical malpractice attorney can help ease the burden of the pain you are enduring. First, an experienced attorney will have access to specific medical records that you may not be able to retrieve on your own.
They also know what to specifically look for in these records that may indicate or document a medical malpractice claim. Additionally, medical care for victims of Erb’s Palsy can be quite extensive and costly. A New York medical malpractice attorney can help get you the financial compensation that will ease the financial burden and allow you to provide the medical care that your child needs. The last thing that you should have to worry about is how to pay for the care that your child needs.
What are the symptoms of Erb's Palsy?
During the chaos of the birthing procedure, it can be hard to know what the doctor is doing so it is good to know the symptoms of Erb’s Palsy. There are many different symptoms, and they may not all be immediately apparent. Here are some of the most common signs of Erb’s Palsy:
- The inability to move the elbow
- Arm hanging limp with moving fingers
- Facial paralysis
- Lack of feeling or weakness in the arm(s)
If your baby exhibits any of these symptoms after birth, you should have them examined by a pediatrician that you trust. Many babies who suffer Erb’s Palsy are able to make a full recovery with costly rehabilitation efforts. However, there are also many who do not recover and may require lifelong care.
Are there different degrees of Erb's Palsy?
Yes, there are different degrees of Erb’s Palsy which is also often called Brachial Plexus. Whether or not the condition is correctable depends on the severity of the injuries. Here are the recognized stages in order of severity from least to worse:
- Neurapraxia – this is when the nerves at the base of the neck are stretched but not torn
- Neuroma – this occurs when there is some damage to the nerve tissue which develops scarring
- Rupture – this is when the nerve, or nerves, are actually torn
- Avulsion – this happens when the nerve itself is actually pulled or torn from the spinal cord
The nature of the injuries will dictate what treatment is necessary. A treatment plan may include physical therapy and/or surgery if the condition is correctable.
How long do I have to file a claim?
The state of New York imposes a strict two-and-a-half-year statute of limitations on medical malpractice claims. If you think your baby’s Erb’s Palsy may have been caused by medical malpractice, then swift action is necessary.
You should seek legal counsel right away. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, are always happy to evaluate a case. We will listen intently, investigate thoroughly, and present you with all of your options.
Does the Erb's Palsy need to be severe to file a claim?
Not necessarily. In order to file a claim, we just need to be able to prove negligence on the part of the doctor or the medical staff, and we need to prove that this negligence caused your baby’s Erb’s Palsy. If your baby was injured during childbirth because of someone else’s negligence, you may be able to file a claim. Whether your baby’s Erb’s Palsy is mild or severe, it will still need to be addressed and possibly need treatment. If it was caused by someone else, then they should pay for that treatment.
Contact the Law Offices of Michael S. Lamansoff, PLLC
Having a baby should be a wonderful and joyous time in someone’s life. Unfortunately, that is not always the case. Often times, these innocent young lives are permanently altered unnecessarily.
When a doctor or medical staff doesn’t follow the proper procedures and an innocent victim ends up with Erb’s Palsy, they should be held responsible for those injuries. If your baby has Erb’s Palsy, and you suspect medical malpractice, call The Law Offices of Michael S. Lamonsoff, PLLC, today.
It is a tragic event any time a child suffers needlessly, and it can’t be tolerated. The New York medical malpractice attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, have extensive experience in Erb’s Palsy birth injuries. We understand what a delicate and confusing time this can be for you and your family.
To arrange a free initial consultation, contact us online or call our office at any time.
We provide full-service legal counsel to anyone who has suffered injury or illnesses because of the careless or negligent acts of others. We gather, evaluate, and preserve all evidence to support your claim. We will prepare and file all necessary documents and pleading required by the courts. We handle all personal injury claims on a contingency basis. We won’t charge attorney fees unless we recover compensation for your losses.