Erb’s palsy is a tragic condition that can occur to children during childbirth. At Duffy & Duffy, our experienced Long Island Erb’s palsy lawyers can help you evaluate your birth injury case and determine if you have a cause of action against your doctors, hospital, or other medical professionals.
Partner Dorothy Renz explains the signs of Erb’s Palsy and how it can affect a child’s life. Erb’s Palsy occurs when a newborn’s shoulder becomes lodged behind the woman’s cervix during the delivery process. When the baby is born, pulling on a child’s head puts pressure and stretches the brachial plexus or Erb’s point. These nerves control the movement of the shoulder, arm, and hand. These nerves are referred to as the “brachial plexus.” If a mother experiences difficulty during delivery, it is up to the doctor to take appropriate action and perform a dislodging maneuver to release the shoulder so an injury does not occur. If your child has suffered from Erb’s palsy or another birth injury, we want to hear your story. Our Erb’s palsy attorneys in Long Island will be able to protect your child’s rights and help them get the compensation they deserve.
Doctors and hospitals are well-equipped to handle birth complications. Unfortunately, when doctors are negligent, a child’s birth injury can occur. There is nothing more difficult for a parent than seeing your child suffer a birth injury, which can have a devastating and life-long impact on both you and your child. What should be one of the best moments in a parent’s life can quickly turn into something tragic due to medical negligence by physicians and hospital staff.
Erb’s Palsy is a type of brachial plexus injury that affects a child’s shoulder and arm. It is classified as the most common of shoulder dystocia injuries. This disorder can lead to partial or complete paralysis of the shoulder, arm, and hand. While some children suffer only temporary paralysis of the arm and shoulder, in approximately 20% of the cases the nerves are actually torn from the spine, so that paralysis is permanent.
The effects of Erb’s Palsy are devastating, and the costs of caring for your child throughout his or her life can be tremendous. You must take action to secure your child’s financial security. If you wait too long, your claim can be time-barred by the applicable Statutes of Limitations.
If your child has suffered a birth injury such as Erb’s palsy, it is important to speak to a Long Island attorney from Duffy & Duffy for advice and guidance.
The brachial plexus injury occurs when a newborn shoulder becomes lodged behind the woman’s cervix during the delivery process. When the baby is born, pulling on a child’s head puts pressure and stretches the brachial plexus or Erb’s point. These nerves control the movement of the shoulder, arm, and hand. These nerves are referred to as the “brachial plexus.”
If you are experiencing difficulty during delivery, it is up to the doctor to take appropriate action and perform a dislodging maneuver to release the shoulder so injury does not occur.
Any pulling and straining of the brachial plexus nerves puts a child at risk for Erb’s palsy. A breech birth can cause the problem as well, because of the position of the baby’s arms. Erb’s palsy attorneys in Long Island often find that medical malpractice can cause this injury. Importantly, if the physician takes note of this potential problem, there are specific techniques he or she can employ to ensure that this injury does not occur.
Children are affected by this disorder in different ways. Some children will not have any sensation or muscle control in their arms, while others will have difficulty using their hands.
There are four types of nerve injuries with Erb’s palsy:
While most commonly seen in newborn children, some people can get Erb’s palsy when they are older. This is usually the result of some sort of severe injury, which makes it more difficult for the victim to move their arm.
When treated early, Erb’s palsy has about an 80% success rate of being treated. This success rate is closer to 95% if treatment begins within the first few weeks of life.
Most often, physical therapy is used to treat Erb’s Palsy. However, in more extreme cases, some surgical treatments are available, including nerve grafts and nerve transfers.
This condition is preventable with proper prenatal care and appropriate advanced planning by your physician and other medical professionals. There are certain risk factors that can lend themselves to an Erb’s palsy complication, such as a prior delivery of a child with shoulder dystocia, induced labor, larger babies, mothers with a small pelvis, difficult deliveries, or breech presentation. An experienced physician should be well aware of these factors and be prepared for a potential problem.
While these factors lend themselves to shoulder dystocia, proper decision-making and planning at the time of birth should protect the child. The delivering doctor should be aware of these risk factors and take preventative measures to avoid this potential birth injury. Their failure to take these actions is the leading cause of Erb’s Palsy.
Our teams of Long Island lawyers have extensive experience in litigating Erb’s palsy cases, and it is important to speak with an Erb’s palsy attorney to discuss the circumstances that led to your child’s injury.
If you suspect that your child has been hurt due to medical malpractice, speak with an Erb’s palsy attorney from our office. The attorneys at Duffy and Duffy understand how devastating a birth injury can be. If your child has suffered from Erb’s palsy or other birth injury, we want to hear your story. Our team will be able to protect your child’s rights and help them get the compensation they deserve.
Thankfully, some Erb’s palsy injuries heal within six to twelve months. In other instances, the intense stretching traumatizes the nerve, potentially causing scar tissue to accumulate at the injury site, affecting healthy nerves. In this situation, recovery is not complete. In extreme cases with the tearing of nerves from the spinal column (avulsion), paralysis and permanent impairment may result.
Medical malpractice is a highly specialized field. It is important to contact a law firm you can trust. At Duffy & Duffy, we are passionate about helping our clients obtain justice and receive the compensation they deserve in birth injury cases.
Our law firm understands Erb’s palsy and the pain your family is suffering and can speak with you and determine if you have a medical malpractice or negligence case. If we believe you have a valid case, our experienced Long Island Erb’s Palsy lawyers will guide you through the legal process to help you secure the compensation your child deserves. Call now to discuss your case with our team.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.