If your baby received an Erb’s palsy diagnosis following a difficult delivery in Newark, New Jersey, you may be able to prove this injury occurred because of medical malpractice. This will allow you to hold the doctor or hospital accountable. A Newark Erb’s palsy lawyer can help if we believe your case supports legal action.
Speak to a team member from the Birth Injury Lawyers Group today to learn more about your rights and the options for pursuing a case against the doctor who caused or failed to prevent your child’s injury. You can reach us today at (800) 222-9529 to get started right away.
For a free legal consultation with Newark Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Varies Widely in Severity and Lasting Effects
Many babies recover from their brachial plexus injury and the resulting Erb’s palsy relatively quickly, often within their first few months of life. Those who do not show signs of recovery within a few weeks or months may require surgery to better understand the injury, or to graft a nerve to offer increased functionality. Many of these children may not fully recover. Most children with lasting injuries learn to work with their disability with help from occupational therapy, assistive devices, and other support.
According to the American Academy of Orthopaedic Surgeons (AAOS), a brachial plexus injury such as Erb’s palsy occurs in one or two of every 1,000 live births. These injuries are often preventable. They happen when the medical professional delivering the baby forces the baby’s head too far to one side, stretching the neck. The nerves that connect at the brachial plexus can stretch, tear, or suffer other damage.
In Erb’s palsy, the top two or three nerves are affected. These nerves provide sensation and movement to the shoulder and upper arm. Babies present with weakness and partial or full paralysis in the upper part of the affected arm immediately following birth.
A team member at the Birth Injury Lawyers Group can help you learn more about your legal rights based on your child’s diagnosis. Call (800) 222-9529 today.
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Erb’s Palsy May Support a Newark Medical Malpractice Lawsuit
While Erb’s palsy generally resolves completely on its own with only at-home physical therapy to help the baby retain muscle mass and range of motion, it is important to remember that your child did not have to experience this. If they have lasting injuries, they may struggle with physical limitations and emotional distress for decades because of an injury that is frequently preventable.
When our team reviews your case, we will ask you about your child’s delivery and diagnosis. We can usually determine if your case may support a medical malpractice birth injury claim. If so, we will offer to represent you based on contingency. You do not need to pay us any up-front costs for our help.
Under NJ Rev Stat § 2A:53A-27, New Jersey law requires us to:
- Enlist the help of a medical expert
- Submit an affidavit of merit stating the expert believes there is “a reasonable probability” malpractice occurred
- Submit this affidavit within 60 days of the defendant’s response to our case.
Your Newark Erb’s palsy lawyer will help you build your case, calling in a medical expert from our network of doctors and other practitioners. They will not only sign the affidavit of merit but also support our claim by helping us understand your child’s injury, how it occurred, and their prognosis. This expert’s testimony is often the most important evidence in this type of case, especially in combination with the relevant medical records and testimony from those present during the delivery.
We can explain more about how we build an Erb’s palsy case and answer any questions you have during your free consultation. Call the Birth Injury Lawyers Group now at (800) 222-9529.
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Damages Recoverable in a Newark Erb’s Palsy Lawsuit
If we are able to hold the doctor or hospital accountable for their medical negligence in your child’s case, we can secure compensation for the expenses and intangible damages your family experienced. This includes current losses, your likely future expenses related to your child’s injury, and necessary support for permanent injuries.
We will seek damages that include:
- Medical care costs directly related to the injury, including additional inpatient care, physical therapy, surgical costs, rehabilitation, therapy, and more
- Ongoing care and support, as well as assistive devices and resources
- Pain and suffering damages
- Emotional distress related to the injury
- Other intangible losses.
Under NJ Rev Stat § 2a:14-2, your family only has a limited time to file an Erb’s palsy lawsuit in Newark. Determining the timeline in a New Jersey birth injury case is often complicated, so we recommend working with a lawyer who will be familiar with these statutes and can explain the applicable timeline based on your unique case.
There are rules that limit your time to file a lawsuit to only two years. However, these rules may also allow you to toll this statute of limitations because of your child’s age. Contacting the Birth Injury Lawyers Group about your child’s injury as early as possible in the process is the best way to ensure you do not miss an important deadline.
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Talk to a Member of Our Birth Injury Team for Free Today
With the Birth Injury Lawyers Group, you can get help today from a Newark Erb’s palsy lawyer. One of our team members familiar with birth injury medical malpractice cases in New Jersey can discuss your child’s case with you for free right now. We provide free case reviews and represent injured children and their families on a contingency basis. We do not believe you should have to pay for legal representation after a doctor’s medical negligence caused your newborn to suffer injuries.
Call (800) 222-9529 today to speak with our team about your legal options. We will explain how these cases work and determine if your case will support holding the doctor or hospital responsible.
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