If your child has Erb’s Palsy due to medical negligence, you could be entitled to financial compensation. This article will guide you through pursuing an Erb’s Palsy settlement, from understanding medical negligence to filing a claim and securing compensation.
Key Takeaways
- Erb’s Palsy, resulting from brachial plexus nerve damage during childbirth, can lead to long-term physical limitations and necessitates legal action if caused by medical negligence.
- Filing a medical malpractice claim in New York involves proving negligence, gathering evidence, and possibly negotiating a settlement, with significant compensation available for medical expenses and lost wages.
- Selecting a knowledgeable medical malpractice lawyer is vital for navigating Erb’s Palsy claims successfully, as their insight can significantly impact the result of the case.
At The Pagan Law Firm, our New York medical malpractice team has extensive experience in successfully handling Erb’s Palsy compensation claims. We are dedicated to uncovering what went wrong during childbirth and determining if your child’s injury could have been avoided due to medical negligence. When healthcare providers fail in their duty, we aggressively pursue the maximum compensation to support your child’s long-term care and recovery.
We know how overwhelming this process can be, which is why we guide you through every stage of your Erb’s Palsy claim with compassion and transparency, ensuring you’re fully informed and supported throughout. Call us at 212-967-8202 or reach out online now to schedule your free consultation and take the first step toward justice for your child.
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Understanding Erb’s Palsy
Erb’s Palsy is characterized by weakness and limited movement in the arm due to damage to the brachial plexus nerves. This condition can have severe long-term consequences for babies and their families, often resulting from medical negligence during childbirth.
Knowing the causes, symptoms, and diagnosis of Erb’s Palsy is essential for seeking appropriate treatment and legal action.
Causes of Erb’s Palsy
Erb’s Palsy often results from excessive force on a baby’s shoulder during a difficult delivery. Improper use of forceps can lead to lifelong issues, while breech births pose a higher risk as the infant’s arms may be more vulnerable to injury. Shoulder dystocia, where the infant’s shoulders and head become stuck behind the mother’s pelvic bone, frequently leads to brachial plexus injury, breathing difficulties, and fractures.
Additionally, gestational diabetes can result in larger babies, complicating delivery and increasing the risk of Erb’s Palsy.
Symptoms and Diagnosis
Symptoms of Erb’s Palsy include partial or complete paralysis and loss of sensation in the affected arm. Diagnosing Erb’s Palsy involves tests like an electromyogram (EMG) to assess nerve damage and its severity.
Early diagnosis can help ensure proper treatment and minimize long-term consequences.
Legal Grounds for Erb’s Palsy Claims
Families can file claims for Erb’s Palsy if medical negligence is proven during childbirth. In New York, compensation can be pursued through lawsuits or negotiated settlements. Most Erb’s Palsy cases are resolved through settlements, providing families with necessary financial support without the need for a prolonged trial.
To file a claim, it must be established that healthcare providers did not meet the accepted standard of care, resulting in medical malpractice injuries. This process can be complex, but with the right legal assistance, families can navigate these challenges effectively in medical malpractice lawsuits.
Proving Medical Negligence
Medical negligence occurs when healthcare providers fail to meet the accepted standard of care. To prove negligence in a New York medical malpractice case, plaintiffs must demonstrate that the healthcare provider’s actions were below accepted standards and directly led to the injury. Common errors include failure to diagnose, improper medical procedures, and excessive force during childbirth. If you are facing such a situation, consulting a medical malpractice lawyer can help you understand your rights.
Expert testimonies are crucial in proving negligence. A medical professional can analyze records to highlight deviations from care standards.
Consulting an experienced New York medical malpractice lawyer can help identify at-fault parties and provide the necessary legal guidance for a successful medical malpractice claim.
Gathering Evidence
Gathering evidence is critical in Erb’s Palsy litigation as it supports claims of medical negligence. Essential evidence includes medical records, expert testimonies, and witness accounts. Medical records provide a detailed account of the patient’s condition and treatment history, forming the basis for establishing negligence.
Expert opinions further validate the claims, demonstrating the impact of substandard care.
Steps to Filing an Erb’s Palsy Settlement Claim
Filing a medical malpractice claim involves several steps, starting with an initial consultation with a birth injury lawyer. This consultation helps assess the case and potential compensation. Once the case is evaluated, the lawyer will guide you through filing a lawsuit and negotiating settlements.
These steps are designed to ensure your child’s needs are met and you receive the support you deserve, from the initial consultation to the final settlement.
Initial Consultation with a Medical Malpractice Lawyer
Families affected by medical negligence during childbirth should consult with a birth injury law firm. Initiating a New York medical malpractice claim begins with contacting a birth injury attorney for a free consultation. During this consultation, the lawyer will discuss potential compensation and case details related to birth injuries and a birth injury claim. This meeting helps families grasp their legal options and assess the strength of their case.
A free consultation from successful medical malpractice law firms offers valuable insights into the legal process. It allows families to make informed decisions about pursuing a claim and ensures that they have the right legal support from the beginning.
Filing the Birth Injury Lawsuit
Filing a birth injury lawsuit New York starts with drafting a legal complaint detailing the basis for the lawsuit and identifying the involved parties. Once evidence is gathered, a New York birth injury attorney will file the lawsuit to demand compensation for the child’s care. This step is crucial for formally initiating the legal process and seeking justice for the affected child.
Settlement Negotiations
Settlement negotiations aim to resolve without going to trial, facilitating quicker compensation for families. Both parties exchange information and arguments during negotiations to reach a mutually agreeable resolution.
The goal is to find a satisfactory resolution that avoids the time and expense of a trial.
Compensation in Erb’s Palsy Settlements
Erb’s Palsy settlements can cover medical expenses, therapy costs, and future care needs. These settlements provide financial support for families dealing with the long-term effects of medical negligence. Successful settlements can average around $1 million, reflecting the severity of the negligence involved.
Knowing the types of compensation available is vital for families pursuing a birth injury case. From medical expenses to lost wages and non-economic damages like pain and suffering, these settlements aim to provide comprehensive support for the affected child and their family.
Medical Expenses
Erb’s Palsy medical costs include the initial hospital stay, ongoing treatments, surgeries, medications, therapy, rehabilitation, specialized equipment, and in-home nursing care. Compensation can also include costs for physical therapy, adaptive devices, and surgeries.
Medical records play a crucial role in establishing the basis for an Erb’s Palsy claim.
Lost Wages and Future Earnings
Parents can receive compensation for lost wages if they take time off work to care for a child with Erb’s Palsy. Families can claim lost wages for time taken off work, as well as future earning potential.
Future earnings loss for children with Erb’s Palsy can significantly impact their long-term financial situation.
Pain and Suffering
Non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life activities are compensable in Erb’s Palsy cases. These damages reflect the profound impact of the injury on the individual’s quality of life.
In severe negligence cases, punitive damages may be awarded to punish the wrongdoer for severe injuries.
👉Also Read: Birth Injuries vs. Birth Defects: Key Differences and Implications
Choosing the Right Medical Malpractice Lawyer in New York
Choosing the right medical malpractice lawyer is vital for securing a favorable settlement in Erb’s Palsy cases. Evaluating client feedback provides insight into a lawyer’s professionalism and effectiveness in handling complex medical malpractice cases. Consider both quantitative ratings and qualitative feedback from previous clients to assess the medical malpractice lawyer’s capabilities and success rate.
A medical malpractice attorney experienced in Erb’s Palsy cases will provide effective legal representation. Their proven track record in medical malpractice equips them to navigate the unique challenges associated with medical malpractice claims.
At The Pagan Law Firm, we have been dedicated to advocating for victims of medical negligence for over 30 years. Serving a broad area, including the Bronx, Brooklyn, Queens, New York, and New Jersey, our firm has built a strong track record of success. Our experienced medical malpractice attorneys focus on Erb’s Palsy cases, providing you with effective legal representation every step of the way.
Case Studies and Recent Settlements
A New York family recently received $1, 600, 000 in compensation for a birth injury lawsuit settlement. Out-of-court settlements are common in Erb’s Palsy lawsuits, allowing families to obtain compensation without lengthy trials.
Compensation amounts can vary significantly, depending on the specifics of each case and the anticipated medical expenses.
The Role of Medical Experts in Erb’s Palsy Cases
Expert witnesses are crucial for a medical malpractice attorney, as their testimony can be pivotal in proving negligence. Medical experts play a crucial role in Erb’s Palsy cases by providing essential knowledge and evidence. Their testimony serves as powerful evidence of substandard care, significantly contributing to the success of the case.
Statute of Limitations for Erb’s Palsy Claims in New York
The statute of limitations is a critical factor in filing an Erb’s Palsy claim. In New York, the standard deadline for initiating a medical malpractice lawsuit is two and a half years from the date of the incident. However, this period may be extended if the injury is discovered later.
For minors, they have until three years after their 18th birthday to file a claim, provided the incident occurred within the last ten years. Meeting these timelines is essential to preserve the right to pursue a claim.
👉Also Read: Recognizing Symptoms of Hypoxic Ischemic Encephalopathy (HIE) in Newborns
The Pagan Law Firm: Advocates for Birth Injury Victims in New York
When a birth injury, such as Erb’s Palsy, occurs due to medical malpractice in New York, The Pagan Law Firm is dedicated to seeking justice. Our experienced medical malpractice attorneys work closely with medical professionals to meticulously investigate the circumstances surrounding your child’s injury. Whether the negligence involves a doctor, midwife, nurse, doula, or other healthcare professional, we are committed to holding the responsible parties accountable.
If your child’s birth injury resulted in muscle weakness or paralysis in the arm, hand, or shoulder, you may be entitled to compensation. Our goal is to secure the financial resources necessary to cover ongoing medical expenses, therapy, and long-term care. We also fight for damages related to the pain and suffering endured by your family and for the reduction in your child’s quality of life.
Contact The Pagan Law Firm today for a free consultation. Our experienced medical malpractice attorneys are ready to discuss your case and help you understand your legal options in New York.