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Erbs Palsy Lawyers

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Birth-related complications often occur because a physician or other medical professional fails in their duty to take the correct actions to avoid injuring the baby. For instance, shoulder dystocia occurs when a baby’s shoulder becomes stuck, or impacted, in the mother’s pelvis. The doctor can’t deliver the baby properly. If a physician or other medical professional doesn’t do the right thing to correct the impacted shoulder a baby may suffer from Erbs palsy.

A doctor can’t predict when shoulder dystocia will occur. However, there are some warning signs that a baby may become impacted in the mother’s pelvis. These warning signs include gestation beyond 40 weeks, mother’s weight, first stage of labor being too long and baby’s pre-birth weight over 8 pounds. If you physician ignored the warning signs or acted negligently during your labor and your baby has Erbs Palsy, contact us. We’ll represent you and get you the money your baby deserves.

What is Erbs Palsy?

Erbs Palsy is an injury to the brachial plexus. The brachial plexus, a large system of nerves, runs down the spinal column and connects to muscles in the shoulder and arms. During delivery, shoulder dystocia may occur. If a doctor supports the baby’s head and gently tries to dislodge the shoulder, the brachial plexus nerve is untouched. A doctor can also try different procedures such as perform a C-section, attempt to change the baby’s position or reposition the mother.

Unfortunately, a physician may use excessive force to move the baby into the birth canal. Excessive force places too much pressure on the baby’s neck and causes injury to the brachial plexus nerves.

The symptoms and signs of Erbs Parsly include:
• Loss of sensation in the baby’s arm
• Paralysis and deltoid in the baby’s brachialis, deltoid, and biceps muscles
• The baby’s arm hands by the side
• The baby’s arm rotates medially
• The baby’s forearm is pronated and extended
• The baby’s arm can’t be raised from the side
• No ability to flex the elbow
• Stunted growth in the baby’s affected arm
• The affected area has an inability to heal properly if any other injuries happen. This includes a cut or burn to the skin.

Erbs palsy systems may develop shortly after birth. For example, a baby’s symptoms may include loss of muscle control, decreased sensation or paralysis. Recovery from Erbs Palsy depends on the brachial plexus injury and location.

Types of Erbs Palsy

The location of Erbs Palsy can happen in four places:
• Avulsion: The nerve in the spine is torn. This is the most severe form of Erbs Palsy.
• Neuroma: The nerve tried to heal by itself, but scar tissue grows around the injury
• Neuropraxia: The nerve wasn’t torn, but damaged. This is the most common form of Erbs Palsy.
• Rupture: The nerve is torn. However, it wasn’t pulled away from the spine.

Your baby’s been injured. The precious, joyous moment you and your spouse looked forward to, your baby’s birth, included an avoidable injury. You have the right to sue for your baby’s injury. Your doctor may have been negligent in how your baby was delivered. This has not only caused paid, but an insurmountable medical expense. We’re here for you. Contact immediately.

Erbs Palsy Treatment

Erbs Palsy may heal on its own. A baby may have to under therapy, exercise or even surgery. Physical therapy works to increase the baby’s range-of-motion. Exercise helps to keep the joints and muscles from locking in place. Surgery is often the most effective for child between 5 and 12 months old. Surgery must be performed by a pediatric neurosurgeon. Unfortunately, it may take multiple surgeries because of the complexity of the nerve involved.

Erbs Palsy Medical Malpractice

Successful Erbs Palsy medical malpractice claims depend on proving the basics of any malpractice claim:
A patient-physician relationship existed between the baby’s parents and the physician or medical professional. This relationship creates a legal duty for the physician to deliver the baby without harming them. A legal duty refers to a medical professional delivering a baby using standard medical care.

The doctor or medical professional was negligent. This means the medical professional didn’t use standard medical care. The doctor failed to deliver the baby in the same or similar way another medical professional would have done. When a doctor is proven negligent, they breached their legal duty to do no harm.

Was the baby already injured or sick? This is often a question the patent’s attorney must answer to have a successful claim. It doesn’t matter if the individual injured was a baby or elderly person. New York law assumes the patient was already injured or sick when they sought treatment. An attorney must show the doctor or medical professional caused a new or additional injury to the baby. If it wasn’t for the doctor, the baby wouldn’t have Ebs Palsy.

Once it’s established that a doctor or medical professional was negligent, an attorney must show the negligence led to damages. Damages just means the plaintiff in the case can get money from the defendant for the injury caused.

It’ a long road ahead for your baby to recover from the Erbs Palsy caused by a negligent doctor or medical professional. You shouldn’t have the burden of that added financial expense on your own. The doctor or medical professional who injured you baby should financially pay for the pain and suffering they caused. Contact us. We’ll get you the money you needed.

New York Allows for Plaintiffs to Obtain Three Types of Damages

Damages are separated according to the type of expenses a plaintiff incurred because of the injury. These damages are:
• Noneconomic Damages: Parents are awarded this money for the things that can’t be calculated like mental anguish and pain and suffering.
• Economic Damages: Parents are award this money for the bills that can be calculated like additional medical bills, lost work, physical therapy sessions and surgeries.
• Punitive Damages: Parents are paid money based on the recklessness, carelessness or malice a doctor or medical professional showed when causing your baby’s Erbs Palsy.
New York Statute of Limitation of Medical Malpractice Claims
Medical malpractice claims in New York has a specific time limit. Lawsuits must be filed within two years and six months of the date of injury. This would be two years and six months from your baby’s birthdate. Any claims after that would be null and void.

Let’s Get the Money Your Baby Deserves

You and your baby deserve to be compensated for the injury caused to them. Contact us. We’ll help secure the money needed to treat your baby’s Erbs Palsy.

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