(845) 303-1000If you need the help of a Schenectady Erb’s palsy lawyer, our experienced team of birth injury attorneys, paralegals, and support staff are here to help.
At The New York Injury & Malpractice Law Firm, P.C., we proudly represent the youngest patients and their families in cases of medical malpractice. Our warm, compassionate medical malpractice attorneys will help you pursue the compensation your family deserves during this difficult time.
What is Erb’s Palsy?
Erb’s palsy is a birth injury, also known as Erb-Duchenne’s palsy. It is associated with complicated births and occurs when an infant’s head and neck are pulled to the side or when the infant’s head is stuck against the mother’s pelvis during labor.
Symptoms of Erb’s palsy include:
- Weakness or paralysis in one arm
- Lack of sensation in one arm or hand
- Lack of sensation on the outside area of the affected arm
- A “waiter’s tip hand,” when the infant’s arm hangs down limply, with the palm facing down
After a challenging birth, healthcare providers should closely monitor an infant for these issues, which may not be immediately apparent.
Is Erb’s Palsy Permanent?
Erb’s palsy is sometimes a permanent condition. Many, but not all, infants will ultimately lead a normal life as long as their families have access to physical therapy, occupational therapy, and, in some cases, surgical assistance. The success rate depends on early identification and thoughtful treatment.
Recovery can take weeks, months, or years, and families can be very frightened by the costs of upcoming medical care.
Can Families Sue for Erb’s Palsy?
In many cases, yes. Schenectady-area families have a right to quality medical care that meets a reasonable standard of care. Families can sue hospitals or healthcare providers if their infant suffers from Erb’s palsy because this condition is often preventable via a C-section surgery or repositioning during the birth.
If a laboring mother does not receive the medical care she deserves and the infant suffers a serious birth injury, the infant’s family may be entitled to a significant settlement. These funds should be enough to cover current and future medical costs, as well as the pain and suffering endured by an infant and their family.
New York is a Pain and Suffering State
New Yorkers have the right to sue for pain and suffering. However, unlike compensatory damages, which are easy to prove (such as medical bills), these non-compensatory damages can be challenging to prove in court. This is especially true of birth injuries because babies cannot explain their experience to a judge in words.
A competent, experienced Erb’s palsy attorney in Schenectady could help by collecting evidence, consulting with expert witnesses, and understanding the traumatic experiences that families and infants endure in these cases. A skilled birth injury attorney can also help families understand the future costs of care, like physical and occupational therapies, which an injured infant may need.
Do not accept the first settlement offer made by a hospital’s insurance company. Contact an Erb’s palsy attorney first.
Call a Schenectady Erb’s Palsy Lawyer Today for Counsel
At The New York Injury & Malpractice Law Firm, P.C., we are ready to protect your family’s rights. Contact a seasoned Schenectady Erb’s palsy lawyer today for a free consultation.
We have helped many families cope with birth injuries like Erb’s Palsy. We look forward to helping your family as well. Consultations are always free, so book your appointment today.