New York Erb's Palsy
Every New York Birth Injury Lawyer at Stephen Bilkis and Associates, PLLC is aware that a complicated delivery can lead to a birth injury. In many instances, a difficult delivery arises from the birth of an overly large baby or due to undiagnosed maternal complications, as in an abnormally small pelvis. These complications may result in a birth defect, such as shoulder dystocia or Erb’s palsy. According to the research of our New York Erb’s Palsy Injury Lawyer team at Stephen Bilkis and Associates, PLLC, a birth injury like Erb’s Palsy typically results from excessive force being applied to the neck or shoulders of the infant, causing nerve damage during delivery.
Erb’s palsy is a complete or partial paralysis of the hand, arm or shoulder resulting from damage to the brachial plexus nerves. In most cases, the nerve damage is mild and typically resolves itself within a couple of months. Unfortunately, in some instances, the nerves are torn or ruptured, and the resulting paralysis is permanent. Our New York Erb’s Palsy Birth Injury Lawyer staff at Stephen Bilkis and Associates, PLLC has learned that approximately twenty percent of all Erb’s palsy cases lead to permanent paralysis. The common signs and symptoms of Erb’s palsy include a loss of sensation, paralysis, muscle atrophy and arm position known as waiter’s tip.
Erb’s palsy can cause numerous complications in development. The loss of sensation, paralysis and muscle atrophy can lead to glenohumeral dysplasia or stunted growth of the impacted arm and can also lead to impairment of circulatory development. An impaired circulatory system can inhibit the ability to regulate the temperature of the arm and hinder the ability of the skin to heal.
Our New York Erb’s Palsy Injury Lawyer team at Stephen Bilkis and Associates, PLLC has found certain risk factors exist indicating the probability of Erb’s palsy impacting your child. The risk factors include:
- Previous birth resulting in shoulder dystocia
- Labor-inducing drugs, such as Pitocin, Cervadil or Cytotec
- Previous large baby birth
- Maternal small pelvis
- Maternal diabetes
- Prolonged labor
The failure to diagnose these conditions prior to delivery can lead to a difficult birth and a birth injury. A doctor’s error or an Ob/Gyn mistake are common forms of medical malpractice leading to a difficult birth. If your child is suffering from Erb’s palsy due to medical negligence, it is imperative to contact our New York Injury Lawyer staff at Stephen Bilkis and Associates, PLLC to protect your rights and pursue a medical malpractice claim. Generally this area of law deals with medical negligence, which is set forth in NY Civ. Prac. L& R 1411 et seq.
In these types of actions your lawyer must prove the four basic elements of negligence which include:
Duty: The medical professional must have had a duty to the patient to act reasonably and professionally. There is a duty for the doctor to act within a reasonable standard of care under the circumstances.
Breach: This duty must have been breached in some way, where the medical professional somehow fell short of fulfilling their duty.
Causation: The breach of the doctor’s duty caused, or contributed to the injury of the victim.
Damages: The victim must have suffered damages as a result.Can an Erb’s Palsy Lawsuit Help Me?
If your child was injured due to the negligence of your doctor or medical staff, whether by their actions or failure to act, you could have a legal action against them. This can include the physician, nurses and support staff, or anyone who was in a position to take orders Colombia Med Center of Las Colinas v. Bush 122 SW 3d 835 (Tex 2003). These types of lawsuits were created to reimburse the victim for their medical expenses and costs, which is outlined in NY CPLR 1411 (3012). Generally, the victim can receive compensation for medical expenses, rehabilitation, physical pain and suffering and any specialized care.
It is important to act promptly, as there are strict time deadlines that must be adhered to in filing a claim (New York Practice Law and Rules section 214-a).
If your child is suffering from Erb’s palsy, contact our New York Erb’s Palsy Lawyer at Stephen Bilkis and Associates, PLLC to schedule a free consultation to review your claim. Please call us at 800.696.9529 FREE, online or contact one of our offices in New York in New York City, Queens, Brooklyn, Manhattan, the Bronx or Staten Island, in Long Island in Nassau County or Suffolk County or in Westchester County for a free case evaluation.