Since you're here, we assume that you're considering contacting a New Jersey Erb's palsy injury lawyer about a potential claim. If that's true, there are a few things you should know about our Firm:
- We offer free, no obligation case reviews. If you think you have a Erb's palsy or other birth injury claim, you have nothing to lose by speaking to us about your case, and much to gain.
- We work on a contingency fee basis. If you retain us to handle your claim you pay us nothing out of pocket.
- Time is of the essence. In New Jersey, the statute of limitations for birth injuries is generally two years from the date of the injury or two years from the date the injury should have been reasonably discovered.
If your baby was born with a severe injury or disability such as Erb’s palsy, the pain and fear you experience can be unthinkable.
If medical malpractice or negligence caused or contributed to your child’s injuries, your family deserves justice.
Although some children do recover from Erb’s palsy, many more require long-term treatment and care. Recovering financial compensation can provide the resources and peace-of-mind you need to care for your child’s needs.
A New Jersey birth injury lawyer can help protect your legal rights and fight for the compensation you deserve.
What Is Erb’s Palsy?
Erb’s palsy, also known as Erb-Duchenne palsy or brachial plexus birth palsy, is a type of brachial plexus injury (BPI).
Other types of BPIs include neuroma, shoulder dystocia, Klumpke’s palsy, and neuropraxia. BPIs are characterized by nerve damage in the upper portion of the spinal cord, near the neck.
During a difficult delivery, the baby’s neck may become excessively stretched. This can lead to nerve damage and the resulting complications. When the nerves that control movement and sensation of the upper torso become damaged, Erb’s palsy is often the result.
Babies with Erb’s palsy exhibit symptoms that include:
- Weakness of the arm,
- Numbness of the arm, and
- Arm paralysis (total or partial).
Treatment protocols include physical therapy and range of motion exercises.
However, many infants require surgical intervention, including nerve grafts. If complications result, your child may also need surgery to manipulate shoulder tendons or to release a joint contracture.
Even with radical surgical intervention, many children do not recover strength, feeling, or mobility in the affected arm. The affected arm may also not grow proportionally with the rest of the child’s body.
The physical and emotional impact of this condition can substantially diminish the child’s quality of life and affect him or her well through adulthood.
Is Erb’s Palsy Malpractice?
Birth injuries can occur even when the attending medical practitioners do everything right. In many cases, however, the attending obstetrician or other members of the delivery team can make mistakes.
The most common causes of nerve damage leading to Erb’s palsy involve excessive downward pressure on the baby’s head, neck, or shoulders during birth. Excessive pulling on the baby’s arm can also lead to potentially irreversible nerve damage.
If the doctor or another medical practitioner failed to adhere to a reasonable standard of care and your baby suffered serious injuries as a result, it could indicate medical malpractice.
Do You Have a Valid Birth Injury or Erb’s Palsy Claim?
Determining if you have a valid medical malpractice or birth injury claim for Erb’s palsy poses two significant challenges.
First, unless you have an in-depth understanding of the law, it can be difficult or impossible to determine whether the doctor and delivery team treated your child in accordance with a reasonable standard of care.
The second challenge lies within the fact that parents aren’t expecting anything to go wrong during the delivery process. When a crisis does arise, they have more important priorities to focus on. Watching for indications of medical malpractice in the delivery room is unlikely to be on the mind of any parent in this scenario.
Based on the details of your case, an experienced medical malpractice attorney can advise you of your options for pursuing a legal claim. If so, you may be entitled to recover damages that include:
- Medical treatment and care costs to date,
- Future treatment and care costs,
- Assistive medical devices,
- Physical therapy,
- Occupational therapy,
- Speech therapy,
- Special education,
- Accessibility modifications (home and vehicle),
- Home health and respite care,
- Lost wages for the caregiver parent(s),
- Pain and suffering,
- Emotional anguish, and
- Diminished quality of life.
A New Jersey birth injury attorney can identify all economic and non-economic damages that you and your family sustained to determine the value of your Erb’s palsy claim.
Can You File an Erb’s Palsy Lawsuit?
In many birth injury cases, the at-fault party’s insurance carrier will willingly negotiate a reasonable settlement with the victims. Insurance companies recognize how costly a trial can be, especially if your attorney builds a persuasive case.
However, if the insurance company will not make a reasonable settlement offer, your medical malpractice attorney can file a lawsuit and make your case in court.
Contact a New Jersey Erb's Palsy Malpractice Lawyer Now for Help
The New Jersey medical malpractice attorneys at O’Connor, Parsons, Lane & Noble have a long history of assisting birth injury victims in their fight for justice. Visit our verdicts and settlements page, and you’ll quickly recognize the depth of our experience. We are prepared to put that experience to work for you.
Our birth injury and medical malpractice attorneys in New Jersey understand the fear and uncertainty you’re facing for your child and your entire family. We are here to help. You do not have to face these challenges alone. For a no-cost, no-obligation Erb’s Palsy lawsuit consultation and case evaluation, call us at 908-928-9200 or contact our office today.
New Jersey’s largest wrongful birth verdict: failure to disclose an unborn infant's catastrophic genetic defect.
Discuss Your Case with Our Erb's Palsy Attorneys Today
Our attorneys have extensive experience dealing with cases involving birth-related injuries. We have handled Erb’s palsy cases resulting in verdicts and settlements in the tens of millions for our clients. When handling an Erb’s palsy case, our lawyers consult with medical experts and life care planners to determine what it will cost to care for a person with Erb’s palsy. In addition to the child’s problems, we seek compensation for the parents’ emotional distress. Reorganizing your life and priorities to care for a disabled child you love and cherish can require emotional support. If your child has suffered the birth injury Erb’s palsy call or email us today. The initial consultation is free, confidential, and you are under no obligation. Contact us online or call at (908) 928-9200 or 1-800-586-5817.