A Lakewood Erb’s palsy lawyer can help you prove your case and seek compensation if there is evidence to support your claim that your child’s birth injury was the result of medical malpractice. Erb’s palsy and other brachial plexus palsies are often preventable, and they frequently occur because of medically-negligent birth injuries. You may be able to recover compensation to pay for your child’s medical care and hold the negligent medical care providers accountable for their actions.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a complimentary evaluation of your child’s condition and what led to it. If we believe you have a case, a Lakewood medical malpractice attorney will represent you based on contingency.
For a free legal consultation with Lakewood Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Is the Result of a Nerve Injury to C5, C6, and C7
Brachial plexus injuries result in loss of sensation, weak muscle control, and paralysis of the affected arm. Depending on which nerve roots sustained damage, this could mean your child cannot move their shoulder and bicep, their lower arm and wrist, or their hand. Erb’s palsy affects the upper part of the brachial plexus, which controls the arm’s upper portion.
Like many brachial plexus palsies, Erb’s palsy is often preventable and most commonly occurs when the infant’s neck is pushed or pulled too far to the side during delivery. This may occur because the doctor or another practitioner used an improper technique or too much force. It is most common during complicated deliveries.
Most babies diagnosed with Erb’s palsy recover within three to six months. Parents are taught how to perform physical therapy exercises to help the infant maintain strength and range of motion. Complications can result if the baby’s shoulder and arm become stiff or atrophy.
Some babies, generally those whose nerves tear entirely, do not show signs of improvement with only physical therapy. These babies may require surgery to repair or graft nerves. Even after surgery, they may experience lasting impairments.
The Birth Injury Lawyers Group can answer your questions about your potential medical malpractice birth injury case based on your child’s brachial plexus injury. Call (800) 222-9529 today to speak with a team member.
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Building an Erb’s Palsy Birth Injury Malpractice Case in Lakewood, NJ
If a Lakewood Erb’s palsy lawyer accepts your medical malpractice birth injury case, they will go to work proving that:
- Your child was a victim of medical negligence.
- The defendant caused or failed to prevent your child’s birth injury.
- Your child suffered undue pain and suffering as a result of their actions.
- Your family sustained financial losses because of the birth injury.
Medical records and documentation related to your baby’s delivery, diagnosis, and treatment will be essential in this type of case. Still, the main proof that medical negligence occurred will come from testimony from an expert witness.
The expert witness we will call in to testify in your case will be a doctor with a similar background and training to the doctor who delivered your baby and who practices in a nearby area. These are stipulations set forth by the State of New Jersey under NJ Rev Stat § 2A:53A-27. This statute also requires us to supply an affidavit of merit when filing a civil suit against the doctor or hospital responsible for your child’s injuries. This affidavit must state that the medical expert we consulted believes there is a “reasonable probability” your child’s injuries occurred because of medical malpractice.
You can learn more about how the Birth Injury Lawyers Group will work to prove your child’s injuries are due to medical negligence by speaking to a member of our team today. We can review your case for free. Call (800) 222-9529 now.
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Holding the Negligent Parties Responsible for Your Child’s Injuries
When a doctor or other medical practitioner commits medical negligence and a newborn suffers a preventable injury, the doctor or hospital should be held accountable. This could prevent similar injuries to other babies in the future and recover compensation to help the child’s parents cover their care costs and future needs.
The recoverable damages in an Erb’s palsy case depend significantly on your child’s injuries and prognosis. Some examples of recoverable damages include:
- Doctor visits and physical therapy
- Surgery, rehabilitation, and additional care
- Ongoing care and support for long-term injuries
- Prescribed assistive devices
- Pain, suffering, and other intangible losses
There are no limits to these damages in New Jersey. There may be limits that apply to any punitive damages available in your case. The judge can award these damages if they believe the malpractice was particularly careless or reckless.
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Timeline for Taking Action in a Lakewood Birth Injury Case
Under NJ Rev Stat § 2a:14-2, New Jersey has strict rules about when you need to file a medical malpractice lawsuit. This includes:
- A statute of limitations that establishes a deadline for taking legal action
- Rules that allow you to toll the statute of limitations in birth injury cases like yours
These rules are somewhat complex, and it can be challenging to determine exactly when your time to file a medical malpractice suit will run out. We encourage you to discuss your child’s injury and diagnosis with a Lakewood Erb’s palsy lawyer who will be familiar with the New Jersey medical malpractice laws.
Speak with a Birth Injury Team Member About Your Child’s Injury Today
You can get help with your child’s Erb’s palsy medical malpractice today by contacting the Birth Injury Lawyers Group. We provide complimentary case reviews and consultations and can answer any questions about your rights and legal options. If you have a case to support legal action, your attorney will represent you on a contingent fee basis. You will not pay any upfront costs for your legal representation.
To get started, call (800) 222-9529 today to discuss your child’s birth injury and Erb’s palsy diagnosis.