Erb’s palsy is a birth injury that occurs during delivery, due to a medical professional pulling excessively on a child’s head. The damage to nerves in the shoulder can have serious consequences moving forward. It is important for parents whose children have been diagnosed with Erb’s palsy, hold negligent medical professionals accountable. A Hudson Valley Erb’s palsy lawyer could be instrumental in building an Erb’s palsy birth injury case. Speak with a compassionate birth injury attorney today, and know that you are in capable hands.

What is the Length of an Erb’s Palsy Lawsuit?

The length of Erb’s palsy lawsuits usually varies. Typically, the goal for every case is that they would take one year and six months from the filing of the lawsuit until the first date of the trial. In some counties, that is not possible. Some counties take longer than others. Some counties are fast. Ulster County and Albany County in New York have quick procedures for lawsuits. Other counties, such as Westchester County or the boroughs of New York City, may take much longer. It varies, but the goal for every case is one year and six months.

Potential Damages

The benefits of filing a lawsuit for Erb’s palsy are that the child, through the proceeds of a lawsuit, could receive compensation. The damages available for an Erb’s palsy case would be for the physical injury, which is conscious pain and suffering, or the change in the quality of the infant’s life. The other part is economic damages or impairment of their earning capacity as well as past medical expenses and future medical expenses that they would likely need for their neurological injury to their arm.

Future Earning Capacity

If someone is unable to use their arm well, it would rule out many physical locations, such as construction work or physical labor. If that is the background of the parents, that they work in construction or physical labor, those occupations would not be available to the child. It is not just impairment of earning capacity, but if the child needs funding to provide for future care or surgeries, the proceeds from a recovery could help pay for that. A Hudson Valley Erb’s palsy lawyer could help someone recover damages, in order to ensure that their child is cared for.

Are Witnesses Required to Prove Negligence in Birth Injury Cases?

Witnesses are required to prove negligence. If the delivery note indicates that there was lateral traction, it is important to have witnesses who were present at the labor and delivery who saw that the doctor or midwife was applying excessive pulling on the baby’s head. That is called excessive lateral traction. If a family member is not present, it would be important to have a nurse or someone else to substantiate that there was pulling on the baby’s head.

The Necessity of a Hudson Valley Erb’s Palsy Attorney

An experienced Hudson Valley Erb’s palsy lawyer should be contacted because there is a common defense to this case that the child’s neurological injury to their arm was something that occurred due to the normal forces of vaginal delivery. When the mother is giving delivery, certain forces called uterine contractions, occur which are muscles squeezing and basically pushing the baby out. The defense would be that the normal forces of the uterine contractions could result in permanent nerve injury to the arm.

It is important to know that in New York State the courts have held that it is not a valid defense. There is no medical evidence to support that normal forces of uterine contractions could cause an injury as severe as an Erb’s palsy. It is important to know what defenses are available and what would be needed to prove that the Erb’s palsy was caused by a negligent delivery by the doctor or nurse midwife. A knowledgeable Erb’s palsy attorney in Hudson Valley could answer an individual’s questions on the matter, and advocate a positive outcome for them and their child.

Hudson Valley Erb’s Palsy Lawyer