There are different methods for delivering a baby. However, a mistake made by the delivering physician or another medical professional could cause severe nerve damage to the newborn baby’s arms. The condition, known as Erb’s palsy, may leave a child permanently paralyzed or with loss of feeling in the affected limb.
While the American Academy of Orthopaedic Surgeons reports that only one or two out of every 1,000 babies have this condition, the unfortunate fact is that Erb’s palsy could have been prevented in many cases. If your child suffers from Erb’s palsy as a result of preventable errors on the part of a medical professional, you may have the right to demand compensation for the medical treatment your child will need.
Grounds You Can Include in Your Erb’s Palsy or Nerve Damage Case
Some types of birth-related trauma typically cause Erb’s palsy in newborns. A powerful contraction during labor can cause a brachial plexus injury during labor, or a newborn may suffer nerve damage if he or she is stuck in an unusual position in the uterus or birth canal.
Unfortunately, some injuries are the result of negligence on the part of the attending doctor or delivery team members. Doctors are unlikely to admit to making an error that caused a birth injury, though.
It can be challenging to prove that a healthcare professional’s act or omission caused your child to suffer injuries resulting in Erb’s palsy and that it constituted malpractice. However, you could work with a Long Island attorney familiar with Erb’s palsy cases.
Damages You Could Pursue in Your Medical Malpractice Claim or Lawsuit
You could be eligible to file a claim or lawsuit for compensatory damages. Your losses will be unique to you, as not every case is the same. These losses can include:
- Your (and your child’s) pain and suffering
- Medical costs like doctor’s visits, treatments, surgeries, physical therapy
- Mental anguish
- At-home help with housework or an aide for your child
Our Attorneys Know Just What Damages to Seek in Erb’s Palsy and Nerve Damage Cases
At the Law Office of Cohen & Jaffe, our Erb’s palsy lawyers have over a century of collective experience helping families whose children have been harmed by birth injuries. We pursue compensation for the lifelong care needs of the child, the family’s hardship, and quality of life enhancements for the child.
Our legal team is familiar with the common risk factors and the errors that lead to brachial plexus injuries. We also have a network of medical professionals in obstetrical medicine who can evaluate your medical records and determine what happened.
Learn more about your family’s legal rights and options and about how a brachial plexus injury lawyer can help your family seek compensation and justice if your child has been harmed by a preventable medical error.
The Difference Between “Malpractice” and “Medical Error”
A medical error is only malpractice if the professional’s conduct fell below the accepted standard of care. The standard of care is usually defined as what a reasonably prudent medical professional of similar education, experience, and qualifications would do under the same circumstances in the same community.
As a result, a medical error might not be malpractice if other reasonable medical professionals would have made the same decision under the same circumstances. Establishing the applicable standard of care in your case typically requires an Erb’s palsy attorney to hire independent medical professionals to evaluate your medical records and offer an opinion.
What You Need to File a Medical Malpractice Lawsuit
Along with establishing the applicable standard of care and proving that your healthcare providers breached the standard, you will need to show that the provider’s negligence was the cause of your child’s injury and that your child suffered some form of compensable harm.
If you can’t show that the professional did not meet the standard of care and that your child suffered severe harm, you will not have a viable medical malpractice claim for your child’s Erb’s palsy.
In our experience, physicians and insurers commonly give parents other explanations for Erb’s palsy rather than admitting to making preventable medical errors.
Why Choose the Attorneys at the Law Office of Cohen & Jaffe?
When you hire the Law Office of Cohen & Jaffe, you will work directly with our partners, Stephen Cohen and Richard Jaffe. As a trained EMT, attorney Richard Jaffe has a first-hand understanding of the seriousness of traumatic injuries such as brachial plexus injuries.
We have successfully won many cases for clients in the past, such as these:
- Six-figure settlement: For the family of a woman who passed because her doctors failed to diagnose a brain bleed on a CT scan
- $220,000 award: For the family of a man whose severe concussion was not diagnosed by his doctor
There is no cost to you to have your case reviewed. If we file an Erb’s palsy lawsuit on your behalf, we only charge an attorney fee unless we recover compensation for your family through a negotiated settlement or a jury award. Most cases we handle are resolved without going to trial.
Contact an Erb’s palsy Lawyer at our Firm Today
Take the first step toward getting the justice your family deserves by calling our New York Erb’s palsy law firm or by filling out an online contact form.
For a free legal consultation with a erb’s palsy or nerve damage lawyer serving Long Island, call 516-358-6900