A Jersey City Erb’s palsy lawyer can help you build a medical malpractice case and hold the doctor or hospital responsible if your child suffered a preventable brachial plexus injury during delivery. An Erb’s palsy diagnosis may be evidence of medical negligence, and your family may have a viable medical malpractice claim.
Call the Birth Injury Lawyers Group today at (800) 222-9529. A team member can evaluate your case, including discussing your child’s birth, diagnosis, treatment, and prognosis. Contact us today to get started.
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Erb’s Palsy Can Cause Lasting Impairment in Some Children
Erb’s palsy usually resolves before a baby reaches six months old. The child may require physical therapy to maintain strength and range of motion, but no additional treatment may be necessary. Parents are taught to manage the child’s daily prescribed exercises, and the doctor checks in regularly on the child’s progress. If there is no sign of improvement within a few months, surgery may be necessary.
Erb’s palsy occurs because of an injury to the nerve roots connected to the brachial plexus at C5, C6, and sometimes C7. This generally affects the shoulder and upper arm of one side of the child’s body. In a small percentage of children, Erb’s palsy results from a complete tear of the affected nerves, and the child is unlikely to recover fully. These children may have lasting motor control concerns, paralysis, loss of sensation, and other concerns even after surgery.
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Erb’s Palsy and Medical Malpractice Birth Injuries
Erb’s palsy in a newborn is most commonly caused by forces applied to the baby’s head during a difficult delivery. This is often a doctor or other medical care provider who pushes the head to one side, stretching the neck with too much force, or using a poor technique. This stretches, compresses, tears, or rips the nerve roots near the brachial plexus. This injury is frequently preventable.
To prove your baby suffered injuries as a result of medical negligence, we must show:
- They suffered an injury during delivery
- The injury occurred because the doctor did not follow protocols or otherwise caused or failed to prevent the injury, failing to uphold standards of care
- Your family incurred expenses as a result of the injury.
Although medical records related to your child’s delivery and injury will help us with your case, the most important evidence often comes from medical expert testimony. This is what helps us understand how the doctor should have handled your child’s delivery, including any difficulties they encountered. This confirms the standard of care your child should have received and what happened to cause their injuries.
We have a network of medical care providers we can call on to help us build our case. Under NJ Rev Stat § 2A:53A-27, New Jersey law requires us to submit an affidavit from a medical expert witness verifying a “reasonable probability” that our client was a victim of medical malpractice before proceeding with our case in civil court.
If we work with you on your medical malpractice birth injury claim, your lawyer will help you build your case based on contingency. We believe you should not have to pay a retainer or other out-of-pocket fees when your child’s injuries occurred as a result of a doctor’s negligence. We will only receive attorney’s fees from a settlement or other recovered payout in your case.
You can discuss your case with a team member from the Birth Injury Lawyers Group today. Call (800) 222-9529 now.
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Seeking Damages After a Jersey City Birth Injury
A Jersey City Erb’s palsy lawyer representing your family in a medical malpractice case will document the medical care costs, ongoing care and support needs, and other losses your family experienced. They will then attempt to negotiate a settlement or recover a court award that fairly compensates you for these expenses and losses. This includes future needs related to treatment or long-term or permanent injuries as well as intangible losses.
Some recoverable damages in a birth injury case in Jersey City include:
- Expenses related to diagnosis, treatment, and therapy
- Costs of surgery, rehabilitation, and ongoing care
- Necessary support and assistive devices for permanent injuries
- Pain and suffering damages
- Mental anguish
- Other non-economic damages.
The Birth Injury Lawyers Group can help you understand the possible damages in your family’s case, including the possibility of punitive damages. There are limits on punitive damages in a medical malpractice case in New Jersey, but there are no limits on economic and non-economic losses. Call (800) 222-9529 today with questions.
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We Can Explain the Deadlines That Apply in Your Case
The timeline that applies in a New Jersey birth injury case is often complex. Under NJ Rev Stat § 2a:14-2, the state has both a deadline on filing medical malpractice claims and a rule that allows for tolling of the deadline when the victim is a child. These rules make it difficult to determine how long you have to hold the doctor or hospital responsible.
Your attorney will review your case and can explain how this statute applies. We recommend speaking with a team member from the Birth Injury Lawyers Group or your Jersey City Erb’s palsy attorney as soon as possible after your child’s diagnosis. This ensures you can learn more about the timeline in your case before you risk running out of time.
Speak with a Team Member About Your Child’s Erb’s Palsy
A Jersey City Erb’s palsy lawyer can build a medical malpractice case with help from medical experts and pursue compensation for your family. You may be able to hold the doctor or hospital accountable for the negligence that injured your child by filing a claim or civil suit with help from a Jersey City malpractice attorney.
You can get started today by contacting the Birth Injury Lawyers Group. You can talk to a team member for a free case evaluation and consultation by calling (800) 222-9529.