Can I File a Lawsuit Against a Doctor for Erb's Palsy?

Quick Review: What is Erb’s Palsy?

Erb’s palsy, also known as brachial plexus birth palsy, affects the movement and sensation of one arm. It occurs when the nerves in the shoulder are damaged during childbirth, often due to excessive stretching or pulling on the baby’s head and neck. This can lead to weakness, paralysis, or loss of feeling in the affected arm.

Erb’s palsy can have long-lasting effects on a child’s quality of life. Depending on the severity, it may require ongoing medical treatment, physical therapy, and even surgery. These expenses can add up fast, causing financial strain for families. Without treatment, children may experience permanent disabilities and limitations.

You Must Prove Medical Negligence

Your attorney must prove that the medical professionals involved in your child’s birth were negligent. This means showing that they failed to provide the appropriate standard of care. They must also show that this failure caused your child’s Erb’s palsy.

Here are some of the steps your attorney may take to establish negligence:

1. Gathering medical records and reviewing them for any signs of negligence or mistakes made during the birth
2. Consulting with medical experts to determine the standard of care that should have been provided in your case
3. Examining witness statements and testimonies from those present during the birth
4. Investigating the training, experience, and qualifications of the medical professionals involved in your child’s birth
5. Determining if there were any violations of hospital or medical protocols during the birth

Factors That May Negatively Impact a Claim

The sad reality is that some births do not go as planned. When complications happen, doctors often need to make quick decisions to save the baby, the mother’s life, or both. These decisions may lead to injuries like Erb’s palsy. Risk factors include shoulder dystocia and giving birth to a large baby.

A medical provider may argue that they acted in the mother’s and child’s best interest and that the injury was unavoidable. They may secure testimony from other medical professionals who could confirm that they acted reasonably and provided a fair standard of care.

These counterarguments can prove especially distressing for families who just want what’s best for their children. They need resources to ensure their children receive proper care so that they can increase the odds of a long and happy life. Our team does everything we can to ensure you get the compensation your case deserves.

Types of Damages You Can Be Awarded in an Erb’s Palsy Lawsuit

After a successful claim, you may receive compensation for various damages related to your child’s Erb’s palsy. These may include:

• Medical expenses: This can include past, current, and future medical costs associated with your child’s condition, such as surgeries, therapy, and medication.
• Pain and suffering: Your child may experience physical pain and emotional distress due to Erb’s palsy. Compensation for this can help cover the impact on their quality of life.
• Lost wages: If you have had to take time off work to care for your child or attend medical appointments, you may receive compensation for lost wages.
• Future loss of earning capacity: In severe cases, Erb’s palsy may affect your child’s ability to work in the future. Your attorney can help determine the potential impact on their earning capacity and seek appropriate compensation.

Statute of Limitations for Filing an Erb’s Palsy Lawsuit

In New York, personal injury victims may have two years to file a medical malpractice suit. This starts from the date of the injury or one year from the discovery of the injury, whichever comes first. Some exceptions do exist, such as those involving minors or where the parents might not have initially realized medical malpractice played a role.

Filing within the statute of limitations is a key step toward getting compensation. Failure to do so could allow the medical provider or its insurance company to deny your case. The court may also refuse to hear the case once it falls outside this deadline.

Seeking Legal Help for an Erb’s Palsy Lawsuit

If you believe the negligence of a medical provider caused your child’s Erb’s palsy, contact Rheingold Giuffra Ruffo Plotkin & Hellman LLP as soon as possible. Our experienced legal team can review your case and advise you on what to do next.

Our team has recovered over $2 billion for our clients, and we look forward to pursuing justice for you. Schedule an appointment with our New York birth injury lawyer today.