What Are the Potential Challenges in Pursuing an Erb's Palsy Legal Case?

Proving Medical Negligence  

Proving medical negligence in an Erb’s palsy legal case involves establishing the following key elements: 

• Duty of Care: Show that the healthcare provider had a legal obligation to provide competent care to the patient, which is generally straightforward as it arises from the doctor-patient relationship. 
• Breach of Standard of Care: Demonstrate that the provider deviated from accepted medical practices during delivery. This could include excessive force during labor, failure to recognize and respond to shoulder dystocia, or improper use of delivery instruments like forceps or vacuum extractors. 
• Causation: Establish a direct link between the provider’s actions or omissions and the injury sustained. Expert testimony is often critical here to explain how the breach led to nerve damage, resulting in Erb’s palsy. 
• Damages: Prove that the injury caused measurable harm, such as physical disability, emotional distress, medical expenses, or future care costs. 

The Complexity of Gathering and Presenting Medical Evidence 

Gathering and presenting medical evidence for an Erb’s palsy legal claim for damages can be challenging due to several factors: 

• Accessing Comprehensive Medical Records: Obtaining all relevant labor and delivery records, prenatal care notes, and imaging studies can be difficult if healthcare providers delay or resist sharing complete documentation. 
• Interpreting Complex Medical Data: Medical evidence often includes intricate details that require expert analysis to identify deviations from the standard of care and link them to the injury. 
• Identifying and Hiring Expert Witnesses: Experts in obstetrics, neonatology, or pediatric neurology are often needed to explain how specific actions during delivery caused the injury, and their credibility is often scrutinized by opposing counsel. 
• Proving Causation: Establishing that the injury resulted directly from the provider’s negligence rather than unavoidable complications of childbirth can be difficult. Opposing parties often argue that Erb’s palsy resulted from natural delivery complications rather than negligence. 
• Statute of Limitations and Procedural Rules: In jurisdictions like New York, strict filing deadlines and procedural requirements can limit the time to gather and analyze evidence effectively. 
• Emotional Toll on Families: The parents may need to recount distressing experiences, which can be emotionally taxing and impact the clarity or consistency of their testimonies. 

Birth injury claims, like other medical malpractice cases, require strong evidence. We carefully examine delivery records, diagnostic tests, post-natal care treatment, eyewitness testimony, and other relevant evidence. When appropriate, we draw upon leading experts in obstetrics and other fields who help us build compelling cases for our clients. 

Challenges with Insurance Companies and Defense Lawyers  

Defense lawyers often employ aggressive tactics to discredit claims, including questioning the evidence, disputing causation, or asserting that the injury was an unavoidable childbirth complication rather than negligence. In addition, defense teams often present their own expert witnesses to refute claims of negligence or causation.  

Countering these experts requires well-prepared, credible testimony from the plaintiff’s experts. Further, insurers and defense lawyers may extend the litigation process, increasing the financial and emotional strain on families, particularly when facing mounting medical bills or caregiving responsibilities. Insurance companies aim to settle claims for the lowest possible amount. They may downplay the severity of the injury, challenge the calculation of damages, or argue that future medical and care costs are overstated. 

However, with an experienced New York Erb’s palsy lawyer, families are better equipped to challenge these defenses and overcome issues with the insurance companies and defense teams. We work tirelessly to uncover the facts, challenge misleading claims, and ensure your family’s voice is heard in court. 

Why Choose Rheingold Giuffra Ruffo Plotkin & Hellman LLP? 

At Rheingold, Giuffra, Ruffo, Plotkin & Hellman LLP, our attorneys are highly experienced, with a history of securing significant compensation for our clients: 

• $12 million settlement for a child suffering brain damage at birth. 
• $7 million settlement for an infant with a neurological injury from a negligent birth delivery. 
• $2.1 million medical malpractice settlement for a premature infant whose doctor failed to properly manage them, resulting in mild brain damage. 
• $1 million settlement for an infant who has limited use of her right arm due to an improperly handled birth, resulting in the development of Erb’s palsy. 

We have received some of the highest compensation awards of any personal injury firm in the country. We are likewise honored to have been recognized by the most revered legal societies and associations as leaders in the field of accident and injury litigation. 

Schedule a Free Consultation with A Birth Injury Attorney Today 

Our attorneys genuinely care about you, your child, and the future of your family.  

To learn more about how we can help you, contact us as soon as possible and schedule a free, no-obligation consultation with a New York birth injury attorney. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win your case.