Erb’s palsy, also called a brachial plexus injury, is a medical condition that causes weakness or paralysis in one arm and affects thousands of newborns yearly. Receiving a diagnosis is devastating for parents, and discovering the injury may have occurred because of healthcare provider negligence can feel overwhelming.

Please know that you do not have to face this challenging time alone. A compassionate Kingston Erb’s palsy lawyer understands your anger and heartbreak. John Fisher is a seasoned birth injury attorney who could fight for the justice you and your child deserve.

Causes and Symptoms of Erb’s Palsy

Erb’s palsy can have a significant and lifelong impact on a child and their entire family. One of the primary causes of the injury is trauma during childbirth, such as excessive force or improper techniques during delivery. The damage causes severe and permanent nerve damage on or around the baby’s shoulder. Some typical causes include:

  • Pressure on the baby’s arms during the delivery
  • Forceful use of forceps or during vacuum deliveries
  • Forcefully pulling the baby’s head or arms during the birthing process
  • Head-first deliveries leading to overstretching of the infant’s shoulders

The damage can lead to permanent weakness or paralysis in the entire limb, parts of the arm, or hand that sustained trauma. The condition limits mobility and overall quality of life.

Symptoms of Injury

Some symptoms of Erb’s palsy include:

  • Limited grip ability
  • Limited range of motion
  • Very tight joints in one elbow
  • Muscle weakness affecting one arm
  • Partial or complete paralysis of one limb
  • Lack of muscle control in the injured limb
  • Limited nerve or muscular development affecting one arm or hand

A Kingston Erb’s palsy attorney could review the causes and symptoms and answer specific questions during a consultation.

Preparing a Lawsuit Against Certified Medical Professionals

When the patient is a minor, their parents or guardians should consider various factors before pursuing legal action against a certified medical professional. One of the most important factors is the severity of the injury and how it will affect the child’s life, including their physical and emotional well-being. An Erb’s palsy lawyer in Kingston could review the documentation and speak to experts in the field to determine whether evidence exists to collect compensation from the negligent party successfully.

Gathering documentation that supports the claim increases the likelihood of a favorable outcome. Evidence may include medical records, expert opinions, and statements.

Time Limit for Filing a Suit

The statute of limitations for medical malpractice civil claims in New York restricts the period in which patients can file lawsuits for damages sustained because of healthcare provider negligence. Under the rules of the New York Civil Practice Law and Rules § 214-A, the claimant must file the suit within two years and six months of the date the malpractice occurred. When parents are not aware of the damage right away, the time begins accruing the day they discover their baby sustained bodily injuries during delivery.

Call a Qualified Erb’s Palsy Attorney in Kingston for More Information

When your baby suffered bodily harm at the hands of a certified medical professional, you have every right to expect them to pay in the form of monetary damages. An experienced Kingston Erb’s palsy lawyer is seasoned with medical malpractice lawsuits and could provide invaluable guidance and legal advice throughout the process.

John Fisher could fight for you and protect your child’s rights by helping you hold the liable party responsible. Call soon to review your case, including an investigation and evidence analysis, to determine the most effective strategy.