As a preliminary matter, it鈥檚 important to distinguish between a birth聽injury聽and a birth聽defect. A birth injury occurs due to a complication during the labor or delivery process. A birth defect, on the other hand, typically involves harm to a baby that arose prior to birth, either due to a genetic mutation or to an event occurring during the mother鈥檚 pregnancy. In many cases, birth defects are not a result of anyone鈥檚 negligence.

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How do you prove a birth injury claim? The bottom line: birth injury actions are a type of medical malpractice lawsuit, and medical malpractice lawsuit is simply a specific type of negligence claim. That means that in a birth injury action, as in any negligence case, you鈥檒l be required to prove the four elements of negligence: (1) there existed a duty of care; (2) the doctor, hospital, or other medical professional breached that duty of care; (3) that breach of duty caused injury; and (4) damages resulted.

Thus, while birth injury claims are extremely fact-intensive, regardless of the circumstances of your particular case, you鈥檒l first be required to prove that a doctor or other medical professional failed to provide you or your infant with adequate medical care. In order to do that, you鈥檒l need to show that the doctor鈥檚 conduct fell below a generally accepted standard of medical care.

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Establishing the requisite standard of care typically entails retaining a qualified medical expert. The medical expert will help prove that defendant failed to meet their standard of care. An experienced聽New York City birth injury lawyer聽can help you find a qualified medical expert to assist in proving your case.

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That takes care of the first two negligence elements, duty and breach of duty. In getting your head around a birth injury claim, it can be easier to consider the third and fourth negligence factors, causation and damages, in reverse. It鈥檚 often quite apparent that an injury and damages occurred; the more critical issue in your birth injury lawsuit is likely to be whether those damages were the legal or 鈥減roximate鈥� cause of those injuries. Keep in mind that, given the complex nature of birth injury claims, an investigation into causation may take anywhere from six months to a year to complete.

What are some instances in which a doctor or hospital is considered to have 鈥渃aused鈥� a birth-related injury? Some examples include where a doctor neglects to properly monitor the baby鈥檚 oxygen levels both before and after birth, resulting in brain damage or other injury, or where a doctor inappropriately decides to induce a premature delivery, causing injury to the newborn. Conditions like cerebral palsy may also be caused by negligence during delivery.

Finally comes the fourth element: damages. Naturally, monetary damages can never make a parent or injured child truly 鈥渨hole,鈥� since, all too clearly, financial recompense will never be equivalent to having a healthy newborn child. That being said, damages available in a birth defect case involving a doctor鈥檚 negligence include medical expenses, the cost of an injured child鈥檚 ongoing physical rehabilitation, the cost of addressing an injured child鈥檚 developmental needs, and damages for loss of enjoyment of life, pain and suffering, and emotional distress.

And time is of the essence in a birth injury lawsuit. In New York, the statute of limitations for medical malpractice is聽 two and a half years. Ordinarily, New York law 鈥渇reezes鈥� that statutory limitation period for infants, so that the limitation period will not begin to run until until the infant reaches the age of 18. New York also makes an exception, however, for birth injury actions. Under New York law, the infancy toll in a birth injury lawsuit cannot exceed ten years, meaning that, generally, any claim for a child鈥檚 birth injury must be filed before the child reaches the age of ten.

Obviously, parents of a child suffering from a severe birth injury have their hands full. Finding the right New York birth injury lawyer is key to navigating the complex medical and legal issues of a birth injury claim, and, as mentioned, many personal injury lawyers in NYC offer free consultations. An experienced New York birth injury attorney will also help you make sure that you file your case within the applicable statute of limitations period and comply with other statutory deadlines. The sooner you retain an experienced birth injury attorney, the sooner you鈥檒l be able to turn your focus back to where it belongs: caring for your newborn child.

Get the compensation you deserve鈥攐ur attorneys are ready to help. We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

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If your baby has been diagnosed with cerebral palsy, you owe it to yourself and your child to investigate the cause. At present, the medical profession has not identified a cure for cerebral palsy, and the condition may require lifelong care. If your child suffers from cerebral palsy due to negligence during pregnancy or birth, talk to an experienced聽New York cerebral palsy lawyer聽about how you may be able to secure compensation to help provide for medical care and other accommodations.

What is Cerebral Palsy?

According to the Centers for Disease Control and Prevention (CDC),聽cerebral palsy is the most common motor disability among children, affecting approximately one in 323 children. 聽The seriousness of symptoms varies significantly.

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Symptoms of Cerebral Palsy

Some of the most common symptoms of cerebral palsy include:

• Impaired motor function
• Stiff muscles
• Spasticity
• Difficulty walking
• Drooling or difficulty swallowing
• Delays in speech development
• Seizures

Diagnosis of cerebral palsy can be complicated and may be delayed, as different degrees and mixes of symptoms present in different children, and some symptoms are not readily identifiable in babies. The brain injury that causes the condition may lead to other neurological problems, including trouble with vision and hearing, increased pain sensitivity and psychiatric disorders.

Treatment of Cerebral Palsy

The treatment for cerebral palsy varies significantly depending on symptoms and severity. In serious cases, surgery may be required to reposition limbs, adjust joints or lengthen muscles and tendons. More commonly, cerebral palsy will be managed with a combination of medications and therapy. Medications are commonly used to:

• Manage pain
• Control symptoms of spasticity
• Relax muscles
• Lesson motor function impairment

Therapies are often required for:

• Strength
• Flexibility
• Balance
• Speech and language

Therapy is also used to help the child adapt to equipment that will allow him or her a greater degree of independence.

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Talk to a New York Cerebral Palsy Lawyer

A child suffering from cerebral palsy may require lifelong care, ranging from surgery to medication, therapy, and the use of medical equipment such as leg braces or a wheel chair. Providing the best care for your child means making use of all of the resources at your disposal. If you believe that your child鈥檚 cerebral palsy may be the result of a birth injury or a mistake made by your doctor during pregnancy, consult with a New York cerebral palsy lawyer.

Take advantage of a free consultation to learn more about your rights and whether a medical professional may be legally responsible for your child鈥檚 condition. Just call聽212-540-2984聽or fill out the contact form on this page to schedule a free consultation.

Protect your rights鈥攕chedule a consultation with our personal injury attorneys. We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

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What is Erb鈥檚 Palsy?

Erb鈥檚 palsy is a temporary or permanent paralysis caused by damage to a bundle of nerves in the shoulder, called the brachial plexus. Telltale signs include:

• arm hanging loose from the shoulder
• limited mobility of the arm
• unusual positioning of the arm (especially held close to the body)
• pain
• a decreased ability to grip objects
• loss of feeling and reduced or absent reflexes

Of course, some of these signs may not be immediately apparent in an affected infant, who will not be trying to grip objects shortly after birth and cannot communicate information about pain or reduced sensation.

What Causes Erb鈥檚 Palsy?

Erb鈥檚 palsy is not a condition that occurs naturally. Rather, it results from an injury to shoulder nerves. Such an injury during birth is fairly common, occurring 1 or 2 of every 1,000 live births. While this type of injury occasionally occurs during a birth by Caesarian section, it is more commonly associated with excessive pulling during the birth. In that situation, or during a breech birth where the arms are positioned over the head, stretching of the shoulder nerves may occur.

Can Erb鈥檚 Palsy be Treated?

Fortunately, the majority of brachial plexus injuries are relatively short-lived, and the baby recovers and full range of motion is restored within weeks or months. In many cases, recovery is aided by gentle massage, range of motion exercises, or even a course of physical therapy. In more serious cases, surgical intervention may be required.

The degree to which treatment is successful varies, and some children affected by Erb鈥檚 palsy will suffer long-term, or even permanent, limitations.

How Can an Erb鈥檚 Palsy Lawyer Help?

Understanding your child鈥檚 medical condition and the type of treatment and assistance required is just the first step. Surgery, long-term treatment, ongoing physical therapy and lifestyle adaptations to help your child recover to the degree possible and live a good life can be expensive and time-consuming.

If Erb鈥檚 palsy is the result of a birth injury, you may have a medical malpractice claim against the obstetrician, the hospital, or other medical personnel. Investigating who was responsible for the injury and pursuing fair compensation will help you to provide your child with the care he or she needs to live with the lasting effects of Erb鈥檚 palsy.

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Talk to an Erb鈥檚 Palsy Lawyer as Soon as Possible

Although you may have a little over two years to file a medical malpractice case, delaying legal action is never in your best interest. Instead of waiting, speak with a聽birth injury attorney in NYC聽now to learn how we can help you secure the funds necessary to care for your injured child. Call us at聽(212) 732-2929聽or fill out the contact form on this page to get started.

Our attorneys are skilled in representing clients in cases of wrongful death, car accidents, and construction accidents.

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Birth injuries are more common than you may realize. Birth trauma injuries occur in about seven of 1,000 births in the United States. As a rate, that doesn鈥檛 sound high, but in real numbers it means that more than 500 infants each week suffer an injury at birth. In most cases, these injuries were avoidable, and occur as the result of聽medical malpractice.

Some types of birth injury are immediately obvious, or are signaled by symptoms that let parents and doctors know right away that further investigation is required. Some of these include:

• A bluish cast to the skin, indicating oxygen deprivation
• Hematoma
• Oddly positioned or unmoving limbs

However, recognizing birth injuries is often more difficult, and sometimes will not occur immediately after birth. An infant can鈥檛 tell you he鈥檚 in pain or what hurts, and there are many possible reasons that a baby might be fussy. Further, some types of injury emerge only as a child grows older and mental or physical development does not keep pace with expectations. By that time, many parents do not recognize that those symptoms could be tied to incidents that occurred at birth.

Birth Injuries that May Not be Immediately Identified

• Brain Injuries at Birth:聽In many cases, there are signs that point to a possible brain injury, such as physical damage to or malformation of the head or signs of oxygen deprivation. However, brain injuries sometimes remain undetected at the outset. For example, an infant with a brain bleed may not exhibit any symptoms immediately.
• Erb鈥檚 Palsy:聽Erb鈥檚 Palsy, more technically described as brachial plexus injury, is one of the most common birth injuries. Damage to the nerve in the shoulder may cause pain, or may cause a loss of sensation. The arm may be oddly positioned, or the baby may be unable to move the arm. This condition may lead to lifelong limitations on use of the arm.
• Broken Bones:聽About one in 1,000 infants suffer a broken bone during delivery. Some of the most common include the clavicle and the femur. Though some of these injuries are immediately apparent, they are often not detected until after parents have taken the child home from the hospital and begin to notice pain, difficulty in movement of a limb or other symptoms.

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Advocate for Your Child if You Suspect a Birth Injury

You rely on the medical professionals who deliver and care for your infant, and you may be reluctant to push too hard if the doctor seems unconcerned. However, if you suspect that your baby is having difficulties after birth, it is critical that you do not dismiss those concerns too lightly. If your baby was injured at birth and the injury went undetected then, you should not assume that it will be detected in brief examinations shortly after birth.

While the doctors and nurses have medical training, you are the one observing your baby on a regular basis and may notice something that is not apparent in a 15-minute consultation. If your concerns are dismissed, consider seeking a second opinion.

Get the Right Legal Advice after a Birth Injury

Advocating to ensure that your child is properly diagnosed and treated is only part of the battle. Many birth injuries cause lifelong limitations or require lifelong medical care. If your child has suffered a serious birth injury, you should speak with an experienced New York birth injury lawyer as soon as possible, to learn more about how to ensure that you have the resources necessary to provide appropriate care for your child.

You can schedule a free consultation right now by dialing (212) 540-2984 or filling out the contact form on the right-hand side of this page.

Our skilled personal injury attorneys have represented clients in cases involving car accidents, construction accidents, severe injuries, wrongful death, and other serious incidents.

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What is Erb鈥檚 Palsy?

Erb鈥檚 palsy is a type of聽brachial plexus palsy. The brachial plexus is a bundle of nerves that runs between the spinal cord and the arm. This network of nerves controls the shoulder, arm, hand, and fingers. These nerves may be injured during the birth process, when the infant鈥檚 neck is bent too far, the arm is pulled on, or the shoulder catches during delivery, causing strain or requiring pulling to free the child and continue the delivery process.

Erb鈥檚 palsy is also sometimes referred to by other names, including:

• Brachial plexus injury
• Brachial plexus birth palsy
• Erb 鈥� Duchenne palsy

If the nerves are simply 鈥渟hocked,鈥� the injury typically recovers with time. 聽While every case is different, parents of a child whose brachial plexus suffered a shock during delivery can generally expect the infant to recover in a few months. However, if the nerves are stretched or torn, the prognosis may be less encouraging.

Stretched nerves may develop scar tissue, meaning that recovery may be incomplete. Tears may result in serious long-term injury, including:

• Pain
• Inability to move arm or shoulder
• Lack of feeling in the hand or arm
• Weak or non-existent reflexes
• Arm hanging loose

If untreated, the condition can also result in muscle atrophy.

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Who is Responsible for Erb鈥檚 Palsy?

Often, a brachial plexus injury sustained during birth is the result of medical malpractice. The circumstances leading to the injury may range from a physician failing to anticipate issues that arise during the birth to delivery-room personnel applying too much force when adjusting or pulling on the infant. Just as significantly, medical staff often fail to diagnose Erb鈥檚 palsy in a timely manner, or do not disclose the injury to parents.

As experienced聽New York City birth injury lawyers, we know that parents are often in a difficult situation when a child has been injured during the delivery process. It can be difficult for parents to identify a brachial plexus injury, since a newborn isn鈥檛 able to communicate that he or she is in pain and hasn鈥檛 yet established any norms that will allow parents to readily recognize that something is wrong.

Maximizing Your Child鈥檚 Chances for Recovery from Erb鈥檚 Palsy

Early treatment is the best weapon against long-term pain and limitations. Thus, it is important that both medical professionals and parents be alert to the signs and symptoms of brachial plexus injury and follow up promptly. Some signs parents may recognize include:

• The child not moving one arm
• The arm resting in an odd position, such as turned inward
• Crying when one arm or shoulder is touched or moved
• Failure to respond to touch on one hand or arm

Early intervention can mean the difference between a slight disability and long-term paralysis of the arm or other serious long-term effects. If you have reason to believe that your child may be suffering from a brachial plexus injury, call it to the doctor鈥檚 attention as soon as possible. If the physician who delivered the child or another in the same practice downplays the symptoms, but you believe that your child has been injured, do not hesitate to seek an outside opinion.

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Fully Protecting Your Child May Mean Seeking Legal Representation

If your child has suffered a serious brachial plexus injury, or the injury has been aggravated by failure to diagnose or properly treat Erb鈥檚 palsy, you may be entitled to compensation that will allow your child to receive the medical care, rehabilitation, and other accommodations he or she needs. Experienced聽New York Erb鈥檚 palsy lawyers聽can be the best source of information about your rights and options.

Give yourself and your child the benefit of an experienced advocate. Schedule a free consultation with a聽New York personal injury lawyer聽right now. Just fill out the form at the top of this page or call聽(212) 732-2929聽right now.

We understand the challenges faced by victims of car accidents, construction accidents, serious harm, wrongful death, and many other personal injury cases, and we鈥檙e here to help.

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