If your baby suffered a preventable brachial plexus birth injury and has an Erb’s palsy diagnosis or another related diagnosis, you could hold the doctor who delivered your child or the hospital where they were born accountable. If you qualify to take legal action, a Uniondale brachial plexus lawyer from Friedman & Simon, L.L.P. will help you and fight for you.
Speak to a member of the birth injury team from Friedman & Simon, L.L.P. now by calling (516) 932-0400. Our case reviews are free to parents of a child who suffered a birth injury.
In This Article
- Brachial Plexus Injuries Occur During Difficult Deliveries
- Let Our Attorneys Pursue Damages Based on Your Child’s Injury
- Recoverable Damages in a Uniondale Brachial Plexus Case
- We Must Adhere to a Strict Timeline in Medical Malpractice Cases
- Talk to a Member of Our Team About Getting Started on Your Case Today
Brachial Plexus Injuries Occur During Difficult Deliveries
Brachial plexus injuries occur during a difficult delivery when a doctor or other medical care provider tugs, yanks, or pushes the baby with too much force or too far to one side. There are proper techniques used under these circumstances, or the doctor should have noted the risk of a difficult delivery and taken other actions. Injuries to the nerves near the brachial plexus, as well as other types of neck and shoulder injuries, are often preventable.
According to Mayo Clinic, injuries to the nerves at or near the brachial plexus cause considerable concerns with movement, strength, and sensation in the shoulder, arm, and hand. Usually, only one side is affected. Babies and children who suffered brachial plexus birth injuries may experience:
- Weakness or inability to properly control certain muscles in the shoulder, upper arm, forearm, hand, and/or fingers
- A lack of movement in the affected shoulder and arm
- Lack of sensation in the affected arm and hand
- Severe nerve pain in the shoulder or arm
From an article published in Pediatrics & Child Health, most cases of brachial plexus nerve injuries heal on their own over time. Parents learn a series of physical therapy exercises to keep a range of motion and strength in the affected limb, when possible. The doctor often recommends a period of observation for these injuries and will watch the baby and check their progress regularly for several months.
If there is improvement, there is a good chance the child will recover before their first birthday. If there is little or no improvement, the doctor may recommend surgery to repair the nerve. This surgery may restore some or most of the functions. Lasting disabilities from a brachial plexus birth injury are rare, but they do occur.
If your child has a diagnosis of a brachial plexus birth injury, contact Friedman & Simon, L.L.P. for a free review of your case today. We take on cases based on brachial plexus birth injuries, Erb’s palsy injuries, and other birth injuries including:
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Bell’s palsy
- Spinal cord injuries
For a free legal consultation with a brachial plexus lawyer serving Uniondale, call 516-932-0400
Let Our Attorneys Pursue Damages Based on Your Child’s Injury
A Uniondale brachial plexus lawyer from Friedman & Simon, L.L.P. will advocate for your best interests, including for the care and support your child needs and the financial recovery your family deserves. We will keep you updated on your case and have a multilingual staff who will speak with you in Spanish, Greek, Bengali, Tamil, or Kannada if you prefer. We will also:
- Identify the doctor, facility, or other liable party or parties
- Manage all communication about your case for you
- Gather evidence, including enlisting the help of experts as needed
- Determine a value for your case and seek recovery based on that value.
Under New York Civil Practice Law & Rules § 3012-A, New York’s medical malpractice laws require us to provide a certificate of merit to the court in support of your case. More specifically, this certificate requires us to consult with a medical expert whose opinion provides us with a basis to argue that your child was a victim of medical negligence, generally because a doctor deviated from accepted medical practice during your child’s birth. We also enlist the help of other experts in these cases, including:
- Other medical experts
- Vocational rehabilitation specialists
- Lifecare planners
Call Friedman & Simon, L.L.P. today at (516) 932-0400. A member of our team will meet with you on Long Island or another location in the New York metropolitan area. We know you are dealing with so much, we want to relieve your stress to the greatest degree possible and make every step of starting the claim process as convenient for you as we can.
Uniondale Brachial Plexus Lawyer Near Me 516-932-0400
Recoverable Damages in a Uniondale Brachial Plexus Case
It is our goal to gather and present compelling evidence to show that your child was a victim of medical negligence and that the doctor or hospital caused or failed to prevent their birth injury. We do this so that you will qualify for compensation based on the value of your case. This is true no matter if we reach a just settlement out of court or file a lawsuit and secure an award.
Depending on your family’s specific losses and expenses, you could recover the following types of damages:
- Medical bills, surgery, therapy, assistive devices, and other related expenses
- Related expenses paid out-of-pocket
- Pain and suffering, anguish, and other psychological losses
- Diminished quality of life if your child has a long-term injury
We Must Adhere to a Strict Timeline in Medical Malpractice Cases
New York law sets a strict timeline for the steps we need to take to pursue medical malpractice birth injury compensation on your child’s behalf. New York Civil Practice Laws & Rules § 214 and § 3406 establish this timeline and outline the process we must follow. This timeline includes serving notice to the defendants—the negligent doctor or facility—in advance of taking the case to court.
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Talk to a Member of Our Team About Getting Started on Your Case Today
At Friedman & Simon, L.L.P., we want to make sure we get to work on your child’s birth injury medical malpractice case while there is still time to do so. Contact us today for a free case evaluation. If the evidence is strong enough to hold the doctor legally liable, it will be our privilege to fight for your child on a contingency basis. Your family will pay no attorney fees until we secure a payout.
If you want to work with a Uniondale brachial plexus lawyer from Friedman & Simon, L.L.P. to seek compensation and hold the negligent doctor accountable for your child’s injuries, call (516) 932-0400 today.