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New York Erb’s Palsy Attorneys

The birthing process should be a joyous occasion. However, five out of every 1,000 children are injured during birth. For those who suffer damage to the brachial plexus nerve in the shoulder, they may develop lifelong disabilities. This medical condition is known as Erb’s palsy. Doctors may be able to prevent this condition if they know what it is and how to catch it early. Unfortunately, not all physicians understand the warning signs of Erb’s palsy and fail to call off the canal birth, resulting in serious injuries to the baby.

New York Cerebral Palsy AttorneysIf your baby suffered an injury during childbirth, you need to immediately consult with a New York birth injury attorney. The attorneys at Gersowitz Libo & Korek, P.C. have more than 30 years of experience representing clients who have suffered injuries or died as the result of medical malpractice involving birth injuries. We have helped our clients successfully recover damages in many different types of birth injury cases, especially the serious injuries of Erb’s palsy.

What Is Erb’s Palsy?

Erb’s palsy is a form of childbirth injury that causes damage to the brachial plexus. The brachial plexus is composed of five collections of nerve fibers that stem from the spinal cord and intermingle and exchange as they progress to the axilla (arm pit region). Damage to these fibers during the birthing process can result in loss of sensation and muscle weakness or paralysis involving muscles of the shoulder region and upper extremity. More specifically, Erb’s palsy is the damage of the upper part of the plexus. This damage causes weakness of shoulder and elbow movements.

If these nerves are damaged and left untreated, your baby may have permanent nerve damage. The damage can be as severe as paralysis or as mild as lifelong pain, depending on how serious the injury is.

Does My Baby Have Erb’s Palsy?

Erb’s palsy is diagnosed based on physical examination and certain tests. These tests generally include an EMG and an imaging study, such as an MRI or CT-scan. The symptoms of Erb’s palsy vary depending on the type and severity of the injury during birth. Signs range from weakness or soreness to total paralysis of the arm.

Common symptoms of Erb’s palsy include:

  • Weakness in one arm
  • Arm is bent at elbow and held against body
  • Decreased in grip strength in hand of the affected side
  • Numbness in arm
  • Impaired circulatory, muscular and nervous development
  • Partial or total paralysis of the arm

If you believe that your child suffer Erb’s palsy as a result of medical negligence, it is important to immediately seek legal help. At Gersowitz Libo & Korek, P.C., our legal team has the knowledge, experience and financial resources to help you obtain the compensation that you and your child deserve. We know when to hire the right medical experts to prove your case and hold the right parties accountable.

Common Cause of Erb’s Palsy  

Brachial plexus injuries, such as Erb’s palsy, are among the most complex clinical situations to evaluate. These types of injuries usually occur during the natural delivery of a larger infant. When the infant is too large, he or she cannot safely pass through the mother’s vaginal canal. In these cases, the shoulder often becomes lodged behind the mother’s pubic bone after the head has been delivered. Many times the doctors mismanage this portion of the delivery by pulling or twisting on the baby’s head, which can stretch or tear the nerves.

Like many other birth injuries, Erb’s palsy can be prevented if proper medical care is taken. One of the major ways that Erb’s palsy can be avoided is to properly gauge the unborn child’s weight prior to childbirth. There are certain factors the physician who is monitoring the pregnant mom should consider when determining the size of the fetus:

  • Maternal gestational diabetes is generally associated with larger babies.
  • Excessive weight gain during pregnancy greatly increases the chance of a larger baby, especially with mothers over 30 years of age.
  •  Maternal obesity is also a risk factor in giving birth to a large infants.
  •  Previous deliveries of a large infant.
  • Measurement of the fundal height to access fetal size.

At Gersowitz Libo & Korek, P.C., we are dedicated to working hard and fighting strong to hold the healthcare professionals and hospitals that caused your child harm accountable. Having a child with Erb’s palsy can result in serious financial, emotional and mental hardships. In fact, according to the Centers for Disease Control (CDC), the cost to manage and treat an individual suffering either of these medical conditions can cost approximately $1,000,000 over the individual’s life time. Although no monetary value will undo the harm done, it will help you provide the best medical care possible for your child.

You Deserve an Experienced Erb’s Palsy Lawyer

If you have recently experienced the agony of giving birth to a child with Erb’s palsy and you suspect or believe that medical negligence was the cause, you are not alone. While such serious medical conditions will impact all parts of your child’s life and the lives of the entire family, the law does provide you with legal recourse to help you seek justice against the parties responsible for such injuries.

The attorneys at Gersowitz Libo & Korek, P.C. have over 30 years of experience in pursuing justice on behalf of individuals harmed by medical malpractice. Our legal team will take every step necessary to secure not only financial compensation but also accountability and justice.

Frequently Asked Questions

  1. What are the most common causes of Erb’s palsy?

The most common cause of Erb’s palsy is excessive pulling or stretching of an infant’s head and shoulders during vaginal birth.

2. How rare is Erb’s palsy?

Erb’s palsy, a form of obstetrical brachial plexus disorder, is an injury that generally affects one or two of every 1,000 babies.

3. When should I speak to an Erb’s palsy attorney?

If you believe that your baby suffers from Erb’s palsy as a result of medical negligence during childbirth, it is important to speak to an attorney as soon as possible. If you plan to file an Erb’s palsy lawsuit, you need to adhere to state statute of limitations. If you miss the statute, you may be forever barred from seeking financial compensation.

4. What evidence might an attorney expect from me?

Your New York Erb’s palsy attorney will need to get information from you to prove two important factors:

  1. The medical care provided was negligent (serious mistakes were made)
  2. But for the negligence, the injury would not have happened (known as causation)

5. Can I find an affordable Erb’s palsy attorney?

Parents whose children suffer from Erb’s palsy can easily get financially overwhelmed with medical costs, extended care, and more. They generally cannot afford to add on more expenses.  Most birth injury attorneys will work with clients on a contingency fee basis. This means you will not have to pay up front costs to retain legal services. You will only pay your attorney once your case settles.

6. How can a medical malpractice lawyer help me?

Medical malpractice cases are complicated because not only does there have to be enough proof in place to file a case, but there are also certain rules in place that must be met. Additionally, you need to make sure that your child’s cerebral palsy was indeed caused by the negligent mistakes of a healthcare provider. An experienced new York medical malpractice attorney can help prove your case and get you the full compensation that you and your child deserve.

Call Us Today!

GLK LawyersFor more information or to schedule a complimentary consultation with one of our experienced New York Erb’s palsy attorneys, please call us at 1-800-529-9997 or fill out a New York Personal Injury Case Consultation form. We handle personal injury cases in New York and New Jersey.

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