Why Should You Consult With An Erb’s Palsy Attorney?

By Author: Frank Torres
Total Articles: 26
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Erb’s Palsy occurs as the result of a physical trauma during birth, and is usually caused by the hospital staff’s negligence in delivering the baby. As such, Erb’s Palsy is a preventable condition, which would not occur but for the health care provider’s deviation from the acceptable standard of care. If you feel that you child suffers from this condition, you need to contact an Erb’s Palsy attorney to protect your rights. Here is why:

Majority of cases where this condition occurs happens during labor and delivery. This condition, also known Brachial Palsy involves injury to the baby’s shoulders. If your child’s doctor has diagnosed him with this condition, you may want to contact Erb’s Palsy attorney to see how the injury could have been caused. During a difficult labor and delivery the head of the newborn may pass easily through the birthing canal, but the rest of the body, especially since the shoulders are so much wider than the head, get stuck. The medical staff’s actions in trying to get the body through the vaginal canal by pulling the baby’s neck and head may cause Erb’s Palsy.

Once ...
... the child begins to learn play with toys or tries to put a crayon in his hand you may notice his inability to hold the objects or manipulating small items, such as cheerios. The condition can be manifested in the following ways:

• Stunted growth of arms or hands
• Inability to master fine motor skills
• Lack of feeling in the shoulder
• Inability to have control over the shoulder’s movement
• Inability to hold weights in the injured arm

This condition may be treated with therapy and the child can get better with time. However, there are instances where occupational or rehabilitation therapy fails and surgery has to be resorted to. Long and painful recovery may lead to the child experiencing depression due to lack of improvement, which results in psychotherapy treatment, medications and of course, more money spent on medical care. Erb’s Palsy attorneys understand the high cost of medical care a child with Erb’s Palsy requires and seek damages for past and future medical expenses in the family’s lawsuit against the negligent physician.

In New York the time to start a medical malpractice is 2 ½ years from the time the negligent act took place. In case of infants being injured due to the doctors’ mistakes, the statute may be tolled till the child reaches majority and can then bring an action on his own behalf. However, an Erb’s Palsy attorney is unlikely to recommend waiting that long since evidence, such as hospital records, will be destroyed during that time, the physician may become unavailable or the insurance company may be liquidated. In addition, the cause of action by the parent to sue for loss of services is different from infants, and an Erb’s Palsy attorney can explain all the applicable statutes of limitation to his clients.

Medical malpractice is a highly specialized field. It is important to contact a law firm you can trust. At Duffy & Duffy our Erb's palsy lawyers see all types of birth injures. When you compare us to other medical malpractice law firms you will see that our expertise and professionalism know no equal.