Childbirth is one of the hardest, but most rewarding, things that a mother can experience. A new addition to the family is a dream, but if something goes wrong during delivery, it can turn into a nightmare. Anyone responsible for a birth injury should be held accountable for their actions.
With the help of a New York birth injury lawyer, you can hold the at-fault party liable and recover money that you had to pay because of their malpractice. You already have enough to worry about – bills and lawsuits should be handled by the experts.
Read more about Erb’s palsy claims and how an attorney can help you. If you have more specific questions about your situation or are ready to talk about filing a claim, you can get a free consultation with a lawyer from Birth Injury Law Group.
What Erb’s Palsy Means for Your Child
Erb’s palsy is a nerve condition caused by the stretching or tearing of the brachial plexus, which is a web of nerves that connects the spine, shoulder, and arm. If your child is affected by Erb’s palsy, they may experience weakness, stiffness, or even paralysis in the injured arm.
The most common cause of brachial plexus injury in newborns is a phenomenon called shoulder dystocia, which occurs when a child’s shoulder or arm becomes lodged in the birth canal. Most cases of shoulder dystocia don’t result in injury, but if something does go wrong, it can often result in Erb’s palsy.
If your child has Erb’s palsy, they will most likely recover. That can take time, though, and recovery often means regular physical therapy or even surgical procedures. That not only puts a burden on your young child–it also puts a financial burden on your family as you pay medical bills and lose work to take care of your child.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Do I Need an Erb’s Palsy Attorney?
Sometimes, shoulder dystocia and other injuries that cause Erb’s palsy happen randomly and cannot be avoided. Sometimes, however, that’s not the case. Erb’s palsy is often linked to malpractice and negligent doctors, nurses, or other healthcare professionals that fail to perform their duty of care.
When you and your child have been affected by malpractice, it’s worth at least talking to an Erb’s palsy attorney in New York. If you try to take on your birth injury case alone, there is a good chance that you will encounter very difficult, if not impossible, barriers. Hospitals and insurance companies want to save money by stopping you from getting compensation.
Your lawyer will be able to use their experience and negotiating skills to keep predatory parties from taking advantage of you after your child’s birth injury. They will also investigate your child’s injury, tally up your damages to show exactly how much you’re owed, and represent you in court in the event that the other party refuses to settle.
If you’re not sure whether you need an attorney, you can always get a free consultation with a birth injury lawyer from our firm. Someone can talk over your situation with you and tell you what an attorney can do and whether you have a valid case.
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Is Erb’s Palsy Considered a Disability?
Erb’s palsy is sometimes considered a disability, but it is complicated. If your child develops Erb’s palsy from a birth injury but the condition goes away or does not sufficiently stop them from living a normal life, it is not technically considered a disability.
The Social Security Administration (SSA) states, “because [brachial plexus injury] usually affects only one upper extremity, the condition ordinarily does not fulfill SSA’s disability severity requirements.” However, if the child has particularly severe Erb’s palsy, they could qualify as disabled.
If your child does qualify for disability, you could be able to collect Social Security benefits in addition to compensation from your medical malpractice claim. Ask your New York Erb’s palsy attorney about disability options at your initial consultation.
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Compensation You Can Get in an Erb’s Palsy Case
In any malpractice case, the compensation that you receive is calculated based on specific damages that your caregiver’s negligence caused. Your lawyer will gather medical bills and other documents to show how much you’ve had to pay because of the malpractice, as well as how much you’ll have to pay in the future.
Damages that are available in an Erb’s palsy case can include:
- Medical expenses
- Payment for physical therapy and other ongoing treatment
- The cost of special accommodations that your child needs
- Wages that you have lost because you missed work to care for your child
- Pain and suffering
- Mental anguish
Compensation for pain and suffering or mental anguish is harder to calculate than other “economic” damages. That’s because there is no true way to quantify how much money you deserve for your emotional ordeal. In general, attorneys use your financial damages to calculate your “non-economic damages.”
It’s impossible to say just how much you could get from your claim without first knowing what happened and what damages you’ve suffered. To get a better idea of the compensation you may receive, you can get a free consultation with an Erb’s palsy lawyer in New York. By assessing your case, an attorney can give a more accurate estimate of your payout.
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Talk to an Erb’s Palsy Lawyer in New York Today
Birth injuries are serious and scary. Our firm realizes that, which is why our attorneys treat each client’s case with care. While you help your child recover, the New York Erb’s palsy lawyers with the Birth Injury Law Group will handle the stress of your claim.
Call us or contact us online to get your FREE initial consultation. We’re available to talk to you 24 hours a day, seven days a week.
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