New Jersey Erb’s Palsy Lawyers
Erb’s palsy, also known as brachial palsy or Erb–Duchenne palsy is a frightening, traumatic form of nerve damage commonly sustained during childbirth. Erb’s palsy affects the brachial plexus, which is a group of nerves that controls the arms, shoulders, and hands. Depending on the severity of the injury, the condition causes paralysis, muscle weakness, numbness, and a lack of sensation or a deterioration of reflexes. Any of these disabilities can affect a child’s ability to study, play and live a full life.
WHAT CAUSES ERB’S PALSY?
Erb’s Palsy gets its name from a group of nerves that meet above the collarbone at a location known as Erb’s point. The brachial plexus contains six nerve types that are a critical part of the peripheral nervous system. Brachial palsy is caused by these forms of nerve damage:
- Injuries to the C5 and C6 nerve pathways can paralyze the muscles in the arm, shoulder, and hand.
- Damage to the C7 and C8 pathways or the first thoracic nerve causes a condition known as Klumpke paralysis that affects the hand and grasping reflex.
How can Erb’s Palsy Occur During Delivery?
Erb’s palsy is more likely to occur during difficult or obstructed deliveries, particularly if the baby is large. This birth injury affects less than two percent of newborn infants. Fortunately, nerves sometimes heal themselves and many cases are resolved during the infant’s first year. However, ten percent of affected children suffer global damage to the brachial plexus. Shoulder dystocia and breech deliveries have the greatest risk. Here are other examples of when Erb’s palsy can occur during childbirth:
- Nerve damage occurs during breech (feet-first or hips-first) deliveries when traction puts too much force on the baby’s arms and shoulders.
- During head-first deliveries and cases of shoulder dystocia, maneuvers may pull the head, neck and shoulder excessively. Occasionally, the baby’s clavicle or upper arm is fractured during these procedures, causing further nerve trauma.
- Instrumental deliveries involving forceps and vacuum extractors can also damage the nerves in the face, shoulder, or cervical spine.
Treatments for birth-related nerve damage include therapy, rehabilitation and surgery to repair or re-attach the nerves. At Mazie Slater Katz & Freeman, we believe that victims of birth injuries due to the negligence of doctors and nurses should be fully compensated for their damages. Our Erb’s Palsy attorneys near you, have protected the rights of other New Jersey families in similar situations and we can help you too.
DO I NEED AN ERB’S PALSY ATTORNEY?
Yes, having an attorney that is experienced in medical malpractice law, specifically erb’s palsy cases, will help streamline the process and get the victim’s family the compensation they deserve. Here are a few ways an erb’s palsy malpractice attorney can help:
- Legal Expertise: Erb’s palsy cases involving medical malpractice can be complex. An experienced lawyer who specializes in medical malpractice and birth injury cases will have the necessary legal expertise to navigate the complexities of the legal system, gather evidence, and build a strong case on behalf of the injured party.
- Investigation: A skilled Erb’s palsy lawyer will conduct a thorough investigation into the circumstances surrounding the birth and the actions of the medical professionals involved. This may involve reviewing medical records, consulting with medical experts, and gathering witness statements to establish whether erb’s palsy medical negligence occurred.
- Understanding of Medical Standards: Medical malpractice cases require a deep understanding of medical standards and procedures. An Erb’s palsy lawyer with experience in these types of cases will be able to assess whether the healthcare provider(s) involved deviated from the accepted standard of care, leading to the injury.
- Negotiation Skills: Many medical malpractice cases are resolved through negotiations with insurance companies or out-of-court settlements. A skilled erb’s palsy lawyer will have strong negotiation skills to advocate for fair compensation on behalf of the injured party, taking into account medical expenses, lost wages, pain and suffering, and future care needs.
- Court Representation: In cases where a settlement cannot be reached, having a lawyer who is prepared to litigate the case in court is crucial. An Erb’s palsy lawyer will represent the injured party in court proceedings, presenting evidence, questioning witnesses, and arguing the case before a judge and jury.
- Emotional Support: Dealing with a birth injury such as Erb’s palsy can be emotionally and psychologically challenging for the affected child and their family. A compassionate lawyer can provide support and guidance throughout the legal process, helping to alleviate some of the stress and anxiety associated with pursuing a medical malpractice lawsuit.
Overall, hiring an Erb’s palsy lawyer with expertise in medical malpractice can significantly increase the chances of obtaining a favorable outcome in a lawsuit and securing the compensation needed to address the long-term consequences of the injury.
Erb’s Palsy Lawsuits & Settlements in New Jersey
Cases of Erb’s palsy diagnosed at or near the time of birth are typically the result of medical malpractice, obstetric error or negligence. At Mazie Slater Katz & Freeman, our Erb’s Palsy lawyers near you in New Jersey have a proven record of achieving exceptional results for victims of medical malpractice and birth injuries resulting in Erb’s palsy. Read about the $18.5 million jury verdict we won for a New Jersey family whose child suffered a severe birth injury due to a delayed C-section.
Looking for an Erb’s Palsy Attorney to represent you?
Our New Jersey Erb’s palsy attorneys are committed to helping families recover compensation for pain and suffering, medical expenses, and the lifetime of care that their injured child will require. We will aggressively litigate every Erb’s palsy lawsuit as though your child was our own. We have also been named to the Best New Jersey Medical Malpractice Attorneys list by the Best Lawyers in America. Results may vary depending on your particular facts and legal circumstances.
If your child suffers from Erb’s palsy due to suspected obstetric or medical malpractice, contact Mazie Slater Katz & Freeman. A qualified New Jersey Erb’s palsy lawyer will respond as soon as possible to discuss your case.
Frequently Asked Question About Erb’s Palsy
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What is Erb’s Palsy?
Erb’s Palsy is a condition caused by injury to the brachial plexus nerves during childbirth, resulting in weakness or paralysis of the arm.
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How is Erb’s Palsy different from other birth injuries?
Erb’s Palsy differs from other birth injuries in that it specifically affects the brachial plexus nerves, leading to characteristic symptoms such as arm weakness or paralysis.
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What causes Erb’s Palsy during childbirth?
Erb’s Palsy during childbirth can be caused by excessive force applied to the baby’s head, neck, or shoulders during delivery, often due to medical negligence or improper delivery techniques.
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How common is Erb’s Palsy in New Jersey?
Erb’s Palsy incidence in New Jersey varies, but it’s generally comparable to national averages, with around 1-2 cases per 1,000 births.
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Why hire a New Jersey lawyer for Erb’s Palsy cases?
Hiring a New Jersey lawyer for Erb’s Palsy cases offers advantages such as access to specialized legal expertise, experience in handling medical malpractice lawsuits, and familiarity with relevant state laws and procedures.
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How long do Erb’s Palsy cases typically take in New Jersey courts?
Erb’s Palsy cases in New Jersey courts can vary in duration depending on factors such as the complexity of the case, the need for expert testimony, and whether a settlement is reached or litigation proceeds to trial.
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Is there a time limit to file an Erb’s Palsy lawsuit in New Jersey?
In New Jersey, there’s a statute of limitations for filing an Erb’s Palsy lawsuit, so it’s essential to consult with a lawyer promptly.
