Rzecznicy ds. błędów medycznych

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Erb's palsy is a condition that affects the brachial plexus, a bundle of nerves that extends from the neck and shoulder area to the upper extremities. These nerves control the muscles in the arms and hands, so a baby who is diagnosed with Erb's palsy may require extensive treatment, including surgery and physical therapy in order to maximize his or her chances of leading a normal or near-normal life.

A potential cause of this serious medical condition is shoulder dystocia, which occurs when the baby's shoulder gets caught behind the mother's pubic bone during delivery. A doctor may contribute to or exacerbate shoulder dystocia by using excessive or misdirected force when repositioning or delivering a baby.

Your Child's Birth Injury and Medical Negligence

When a doctor's mistake or negligence leads to a preventable birth injury, the attorneys at Napoli Shkolnik are ready to represent your family. We understand that nothing can make you whole but we can work to make sure that your family will be provided for. 

With more than 150 years of collective experience and more than $8 billion recovered since 2000 alone, we have the skill and track record that can make all the difference as we seek justice for the injured.

Schedule a free initial consultation with our birth injury managing partner at your earliest convenience to get the insight and information that can help get you started in the right direction.

The Types of Brachial Plexus Injury

There are four types of brachial plexus birth palsy injuries that may lead to Erb's palsy. The type of treatment and its success may vary depending on the particular case, though it is possible that surgery and physical therapy may help the newborn regain strength and muscle control.

Neuropraxia

The mildest and most common is neuropraxia, which occurs when the brachial plexus nerves are stretched and damaged. Though the nerve impulses may be blocked by swelling in the area or slight damage to the nerve tissue, a newborn may fully recover.

Neuroma

A neuroma occurs when the brachial plexus attempts to repair itself and scar tissue forms, preventing the nerves from functioning properly. Since the nerves are not torn, treatment and a full recovery may be possible in as little as three months.

Rupture and Avulsion

A rupture occurs when one or more brachial plexus nerves are torn. An avulsion occurs when the nerves are torn from the point of attachment on the spine. Ruptures and avulsions are the most serious types of brachial plexus injuries. Muscle control and movement in the affected arm may be severely limited or completely impossible.

Objawy porażenia Erba

Jednym z najbardziej widocznych objawów porażenia Erba jest bezwładne ramię. Dziecko może się kręcić i poruszać, ale jedno ramię będzie leżeć przy jego boku. Inne objawy mogą obejmować brak kontroli nad ruchami ramion, niemożność używania ramienia lub łokcia, wiotkość dłoni i palców, porażenie twarzy po dotkniętej chorobą stronie ciała oraz niemożność siadania, przewracania się lub raczkowania. Fizjoterapia i codzienne ćwiczenia mogą pomóc w łagodnych przypadkach porażenia Erba w celu poprawy funkcji stawów i mięśni, chociaż w cięższych przypadkach najprawdopodobniej konieczna będzie operacja w celu naprawy lub ponownego przyłączenia uszkodzonych lub oderwanych nerwów splotu ramiennego.

How to Seek Erb’s Palsy Settlements

If your child developed Erb's palsy due to inappropriate delivery actions by a healthcare professional, it is crucial to seek the guidance and insight of a qualified medical malpractice attorney at Napoli Shkolnik. Handling the medical and financial challenges associated with Erb’s palsy can be overwhelming, but with the right legal support, you can file an Erb's Palsy case and pursue the compensation necessary for your child’s treatment and care.

Why Seek Legal Help?

Securing immediate and continued medical treatment for a child with Erb's palsy is often difficult and expensive. Experienced medical malpractice attorneys can accurately assess whether you have a valid case and guide you through the legal process toward a Erb's Palsy settlement.

Napoli Shkolnik has extensive experience in handling medical malpractice cases involving birth injuries like Erb's palsy, ensuring you receive fair compensation for physical therapy, surgery, and any other related expenses.

Steps to Take:

  1. Consult a Lawyer: Schedule a free initial consultation with a Erb's Palsy lawyer at Napoli Shkolnik. This meeting will help you understand your rights and options.
  2. Gather Medical Records: Collect all medical records related to the pregnancy, delivery, and your child's diagnosis. These documents will be crucial in establishing the link between zaniedbanie medyczne and Erb’s palsy.
  3. Document Expenses: Keep detailed records of all medical expenses, including physical therapy, surgeries, and any other treatments your child has received. This documentation will support your claim for Erb's Palsy compensation.
  4. File a Lawsuit: If your attorney determines you have a valid case, they will file a lawsuit on your behalf. The goal is to seek compensation for medical costs, future care, and any other related expenses.
  5. Pursue Settlement: Your attorney will work diligently to negotiate a fair settlement. This process may involve mediation or direct negotiations with the responsible parties. If a fair settlement cannot be reached, your attorney may take the case to trial to seek justice for your child.

The Impact of Compensation

The level of treatment your child receives can significantly impact their ability to regain muscle control, build strength, and lead as normal a life as possible. Fair compensation can cover the costs of essential Brachial Plexus Palsy treatments and therapies, improving your child’s chances of recovery and quality of life.

Confused and upset? Talk to an attorney at one of our New York offices.

Jeśli Twoje dziecko rozwinęło porażenie Erba w wyniku niewłaściwych działań porodowych ze strony lekarza, pielęgniarki lub innego pracownika służby zdrowia, możesz znaleźć wgląd i wskazówki, których potrzebujesz w adwokat od błędów medycznych at Napoli Shkolnik. 

Securing immediate and continued medical treatment for your child's injury can be difficult and extremely expensive. With our experience in handling błąd w sztuce lekarskiej cases involving birth injuries that lead to Erb's palsy and other serious conditions, we will be able to accurately determine whether you have a valid case. 

Should you decide to file suit, you can rest assured that our Erb's Palsy lawyers will work closely with you to seek fair compensation for physical therapy, surgery and any and all expenses related to your child's care. We realize that the level of treatment your child receives may directly impact his or her ability to regain muscle control, build strength and dexterity and lead as normal a life as possible. Erb's Palsy lawsuits help families receive financial compensation and assistance. Umów się na bezpłatną konsultację aby omówić Twoje opcje i prawa.

Często Zadawane Pytania

Can children die from Erb's Palsy?

Children typically do not die from Erb's palsy itself. Erb's palsy is a condition that affects the brachial plexus, a bundle of nerves controlling the muscles in the arms and hands. While it can result in significant physical challenges, it is not life-threatening.

The focus is often on managing symptoms through physical therapy or surgery to improve joint and muscle function.

What is the average settlement for a brachial plexus injury?

The average settlement for a brachial plexus injury can vary widely depending on the specifics of the case, including the severity of the injury, the extent of medical negligence, and the impact on the child's life. Settlements can range from thousands to millions of dollars, covering costs for medical treatment, ongoing therapy, and other related expenses. Consulting a qualified attorney at Napoli Shkolnik can provide a more accurate assessment based on your individual case.

Can you get disability for Erb's Palsy?

Yes, it is possible to receive disability benefits for Erb's palsy, especially if the condition severely limits the child's ability to perform everyday activities.

Disability benefits can help cover the costs of medical treatments, therapies, and other necessities. An experienced attorney can assist you in understanding and pursuing disability benefits for your child.

Is there an Erb's Palsy statute of limitations?

Yes, there is a statute of limitations for filing an Erb's palsy lawsuit, which varies by state. In New York, the statute of limitations for medical malpractice cases, including birth injuries like Erb's palsy, is generally 2 years and 6 months from the date of the injury or the date it was discovered. However, the statute of limitations will vary from state to state.

It is crucial to consult with an attorney promptly to ensure your case is filed within the legal timeframe.

How long does an Erb's Palsy lawsuit take?

The duration of an Erb's palsy lawsuit can vary based on the complexity of the case and whether it is settled out of court or goes to trial. On average, such lawsuits can take anywhere from several months to a few years.

An experienced attorney will work diligently to expedite the process and seek a fair settlement as efficiently as possible while ensuring all aspects of the case are thoroughly addressed.

How do you choose an attorney for malpractice claims involving children?

Choosing the right attorney for malpractice claims involving children is crucial to ensure you receive the best possible representation. Below are some key factors to consider.

1. Experience and Expertise: Look for attorneys or law firms with extensive experience in handling medical malpractice cases, particularly those involving birth injuries and children. Firms like Napoli Shkolnik, with over 150 years of collective experience and a strong track record in medical malpractice cases, can provide the expertise needed for such sensitive cases.

2. Focus on Birth Injuries: Ensure the attorney handles birth injuries like Erb's palsy. This focus means they are familiar with the medical aspects, legal procedures, and challenges specific to these types of cases.

3. Proven Track Record: Check the attorney’s history of successful settlements and verdicts in similar cases. A strong track record of significant recoveries, such as Napoli Shkolnik’s over $8 billion recovered since 2000, indicates their ability to achieve favorable outcomes.

4. Compassion and Understanding: Choose an attorney who demonstrates genuine compassion and understanding of the emotional and financial hardships your family is facing. An attorney who takes the time to listen and empathize with your situation can be a more effective advocate.

5. Resources and Support: Select a law firm with sufficient resources to thoroughly investigate and litigate your case. This includes access to medical experts, investigators, and other necessary resources to build a strong case.

6. Free Initial Consultation: Opt for attorneys who offer a free initial consultation. This allows you to discuss your case, understand your legal options, and evaluate the attorney’s approach without any financial commitment.

7. Contingency Fee Basis: Consider attorneys who work on a contingency fee basis, meaning they only get paid if you win your case. Napoli Shkolnik uses this arrangement since is reduces financial stress for families.

Consider these factors to choose a qualified and compassionate attorney who will work diligently to secure the compensation and justice your child deserves.

Contact Napoli Shkolnik today.

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