If there is evidence to support medical malpractice leading to your child’s birth injury, a Toms River Erb’s palsy lawyer can help you prove your case and seek compensation. If your baby received an Erb’s palsy diagnosis or suffered another type of brachial plexus birth injury, contact the Birth Injury Lawyers Group today.
You can speak with a member of our team about your child’s birth, diagnosis, symptoms, treatment, and other details of your case. Reach a team member now by calling (800) 222-9529.
For a free legal consultation with Toms River Erb's Palsy lawyer, call 1-800-222-9529
Understanding Your Baby’s Erb’s Palsy Diagnosis
Erb’s palsy occurs when certain nerves in a baby’s neck are stretched, damaged, or torn during delivery. These nerves are a part of the brachial plexus, where the nerves that control sensation and movement in the arms and hands connect with the spinal column. Injuries to the upper portion of the brachial plexus, specifically C5, C6, and C7, can cause Erb’s palsy.
Erb’s palsy symptoms include loss of sensation, poor muscle control, and paralysis of the shoulder and bicep. This is often noticeable immediately after delivery.
Treatment may require immobilization of the arm, followed by physical therapy to maintain strength and range of motion while the nerve injury heals on its own. Most babies recover functionality within a few months. Surgery may be necessary to improve the quality of life when an infant does not recover significantly. Some children have lifelong limitations because of this type of injury.
According to the American Academy of Orthopaedic Surgeons (AAOS), brachial plexus palsy is a relatively common birth injury, with one or two out of every 1,000 babies born receiving a diagnosis.
To learn more about how your child’s condition may be the result of a preventable birth injury, call the Birth Injury Lawyers Group today at (800) 222-9529.
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Building a Birth Injury Case Based on Erb’s Palsy in Toms River
Erb’s palsy is frequently preventable. Doctors delivering a newborn may cause these injuries by stretching the baby’s neck to the side too far during birth. This often occurs during a difficult delivery, when the care team decides to move forward with a vaginal birth despite risk factors for shoulder dystocia or other complications.
If we believe you have a medical malpractice birth injury case based on your child’s injuries, we will enlist the help of a medical expert who can provide us with confirmation of the mechanism of injury and determine what went wrong. This is required under New Jersey law, per NJ Rev Stat § 2A:53A-27.
Within 60 days of filing a lawsuit against a doctor or hospital, we must submit a signed “affidavit of merit” from the medical expert testifying that they believe a “reasonable probability” malpractice occurred and caused your child’s injuries.
When you work with a Toms River Erb’s palsy lawyer on your child’s birth injury case, we will ensure your case meets the necessary expectations and deadlines to move forward through the court system and recover a payout.
At the Birth Injury Lawyers Group, we can help you better understand your child’s injuries and the case against the medical care providers who caused or failed to prevent them. You can speak with us today by calling (800) 222-9529. Our initial consultations are always free.
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Recoverable Damages in a Toms River Erb’s Palsy Birth Injury Case
When we file a medical malpractice case based on a birth injury, there are two primary goals:
- To hold the doctor, hospital, or another defendant accountable for their actions.
- To recover compensation for our clients to pay for their child’s medical care, pain and suffering, and other losses.
We believe accountability in these cases is crucial because no family should ever have to endure a preventable injury to their newborn. Doctors and other medical care professionals are held to a high standard because of their training and the importance of their work. They have a standard of care they must uphold.
Of course, recovering damages for the expenses and losses you incurred and may continue to incur is also important. The recoverable damages in a birth injury case may include:
- The cost of your child’s diagnosis, treatment, and therapy
- Any advanced treatment, such as surgery
- Ongoing care and support
- Prescribed assistive devices for permanent injuries
- Pain and suffering
- Mental anguish
- Other intangible losses
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Timing Matters When Pursuing Damages in an Erb’s Palsy Case
We will need to wait until we know your child’s prognosis and their likely future care needs before filing a claim or lawsuit. However, we cannot wait too long to get to work on the case. Each state has time limits on filing medical malpractice actions, known as statutes of limitations. They also have specific rules for tolling these statutes when the victim is a newborn.
In New Jersey, this is found under NJ Rev Stat § 2a:14-2. The timeline that applies in a birth injury case can be complex, so we recommend reaching out to the Birth Injury Lawyers Group to learn more as soon as possible, following your child’s diagnosis.
Discuss Your Child’s Injury with a Team Member for Free Today
With the Birth Injury Lawyers Group, you can get help today. A team member will review the details of your child’s birth and how their injury occurred, as well as their prognosis. We can determine quickly if a Toms River Erb’s palsy lawyer can represent you and take action on your behalf.
If your child’s case does support legal action to hold the doctor or hospital liable, your attorney will accept your case based on contingent fees. You will not need to pay anything out of your pocket for your legal representation. The law firm will take the steps necessary to prove your case, hold the negligent care providers liable, and recover a payout without accepting any payments from your family. They receive attorney fees from the financial recovery they secure in your case. Call (800) 222-9529 today to learn more.
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