If your baby received an Erb’s palsy diagnosis following a difficult birth, you may be able to hold the doctor, another medical care provider, or the hospital liable for their preventable birth injury. A Woodbridge Township Erb’s palsy lawyer can help you prove your case and seek compensation for your related expenses.
A team member from the Birth Injury Lawyers Group is standing by to speak with you about your child’s condition today. We will discuss your child’s delivery, diagnosis, and symptoms, as well as their treatment and prognosis. You may have a medical malpractice birth injury case that is viable for compensation.
Call (800) 222-9529 to get started today.
For a free legal consultation with Woodbridge Township Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Is a Common Type of Brachial Plexus Birth Injury
Erb’s palsy is often a preventable birth injury that occurs when a doctor or other practitioner uses too much force or an improper technique during a difficult delivery. According to the American Academy of Orthopaedic Surgeons (AAOS), between one and two of every 1,000 babies delivered have some type of brachial plexus injury.
Brachial plexus injuries can include stretching, tearing, ripping, or compressing of the nerves that control sensation and motor function in the shoulder, arm, wrist, and hand. Erb’s palsy is a specific type of brachial plexus injury that affects the upper nerves, C5 through C7.
Immediately following delivery, a child with this type of injury will show paralysis, weakness, or lack of sensation in the affected shoulder and bicep. Most babies recover fully within a few months, but some have ongoing weakness or permanent paralysis.
Treatment of Erb’s Palsy
Treatment generally centers on physical therapy with help from the parents. This does not directly treat the nerve injury, but it can help to prevent complications. Occasionally, a baby will not show improvement in the first few months after birth. If this happens to your child, surgery may be necessary to repair the nerves, graft in another nerve, or take other steps to improve the arm’s functionality.
If your child received an Erb’s palsy diagnosis in Woodbridge Township, the Birth Injury Lawyers Group wants to talk to you. Many brachial plexus injuries are preventable, and medical malpractice may have cost you thousands of dollars in medical bills, as well as pain and suffering to your newborn.
Call (800) 222-9529 now to learn more about your options for holding the doctor or hospital responsible.
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Filing an Erb’s Palsy Lawsuit in New Jersey
If a Woodbridge Township Erb’s palsy lawyer investigates your child’s birth injury and determines medical malpractice likely occurred, you can file a civil suit against the doctor, hospital, and other liable parties. The primary evidence in birth injury cases is usually the child’s medical records, other related documents, and the testimony of a medical expert.
At the Birth Injury Lawyers Group, we work with a network of medical doctors and other experts who will testify to the standard of care your child received. Under NJ Rev Stat § 2A:53A-27, New Jersey law requires us to provide a signed affidavit of merit from a medical expert within 60 days of the response to our lawsuit. In this affidavit, a doctor must demonstrate a “reasonable probability” that your child’s injuries are an example of medical malpractice.
Not only will your lawyer help you build a case against the doctor or hospital, but you also will not need to pay anything upfront for our services. We handle birth injury cases based on contingency fees. Our pay comes out of your financial award, never your bank account.
To learn more about how we can help, call the Birth Injury Lawyers Group today at (800) 222-9529.
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Damages Recoverable in an Erb’s Palsy Birth Injury Civil Case
Whether we reach an out-of-court agreement for a settlement or the court awards damages to you and your child, the value of your case relies on our ability to prove the expenses, losses, and intangible suffering your family endured. We will gather evidence to show medical care and additional costs and work with experts to learn about your child’s prognosis and ongoing needs.
Recoverable damages in a Woodbridge Township Erb’s palsy case include:
- Diagnosis and related expenses
- Treatment, therapy, and follow-up
- Ongoing care and rehabilitation, if required
- Necessary therapy, support, assistive devices, and other costs for permanent injuries
- Intangible losses such as pain and suffering, mental anguish, and more
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There Are Time Limits Under New Jersey Law
Every state has a statute of limitations that gives medical malpractice victims only a limited time to file a civil lawsuit against the doctor and hospital. Many states also have rules that specifically apply only to birth injury cases, altering the deadline. Both of these are true in New Jersey.
While NJ Rev Stat § 2a:14-2 outlines the rules, determining the actual deadline to file a lawsuit can be complex. We recommend speaking with a lawyer who is familiar with New Jersey medical malpractice and birth injury cases to ensure you meet all applicable deadlines. Doing so is paramount since missing a deadline could mean you cannot file a lawsuit on your child’s behalf and hold the negligent doctor accountable.
Speak with a Team Member About Your Child’s Erb’s Palsy Today
A Woodbridge Township Erb’s palsy lawyer can help you navigate the legal system and recover compensation for the expenses related to your child’s birth injury if you qualify. Get help today by calling the Birth Injury Lawyers Group at (800) 222-9529.
Our team members provide free consultations, analysis, and information about your legal options based on the facts of your child’s injuries, prognosis, and cause of their Erb’s palsy. Our empathetic and compassionate team members want to discuss your baby’s birth injury with you and help you hold those who caused their pain responsible. Let us review your case for free today.
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