If the doctor who delivered your child or the hospital where they were born caused them to suffer from Erb’s palsy or another preventable birth injury, you have a right to take action against them. You could recover compensation for your child’s treatment and care. A Uniondale Erb’s palsy lawyer from Friedman & Simon, L.L.P. will help you build a case and hold the liable parties responsible. Call Friedman & Simon, L.L.P. now at (516) 932-0400 for a free review of your case. A member of our team will speak with you today about your child’s birth injury and the steps ahead of you necessary to hold those who committed medical negligence accountable.
Erb’s Palsy Leaves Some Children With Lifelong Impairments
According to the American Academy of Orthopaedic Surgeons, between one and two out of every 1,000 births results in a child suffering a brachial plexus injury, usually Erb’s palsy. These injuries typically occur during a difficult delivery when the baby becomes stuck in the birth canal or behind the mother’s pubic bone.
There are steps the doctor should take to free the infant, but, all too often, the baby is yanked with too much force or their head is pushed too far to the side, and they suffer injuries to the nerves near the brachial plexus. In most cases, the nerves that connect at the top of the brachial plexus are injured. This injury causes Erb’s palsy.
Most babies diagnosed with Erb’s palsy shortly after birth recover in a few months and require only daily physical therapy to ensure the muscles remain loose. Parents generally learn to perform these exercises with their baby, and it is not necessary to see a physical therapist every day.
In some cases, however, Erb’s palsy is more serious. This could lead to:
- No improvement in sensation or movement over the initial three- to six-month observation period
- Surgery to repair or replace the damaged nerves
- Rehabilitation that lasts a year or more and requires ongoing therapy
- Some lasting impairment throughout the child’s life
In addition to Erb’s palsy, Friedman & Simon, L.L.P. handles many other types of birth injury cases. These cases include:
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Bell’s palsy
- Spinal cord injuries
A Uniondale Erb’s palsy lawyer from Friedman & Simon, L.L.P. will help you pursue damages if your child suffered a birth injury as a result of medical negligence. Let a member of our team review your case for free today to see if you qualify.
For a free legal consultation with a erb's palsy lawyer serving Uniondale, call 516-932-0400
Friedman & Simon, L.L.P. Understands NY Birth Injury Law
As passionate advocates for the families of babies who suffered birth injuries, our team understands the laws that apply to birth injury medical malpractice cases in New York and the steps we have to take to seek and secure compensation in these cases. Let us worry about the legal side of things while you focus on helping your child heal.
We will abide by all the necessary rules and take the steps needed to prove your case. These steps include:
Filing a Certificate of Merit
New York Civil Practice Law & Rules § 3012-A requires us to submit a certificate of merit when pursuing a medical malpractice action, including a birth injury case. This certificate of merit requires us to consult with a medical expert and to affirm that we have, “…concluded on the basis of such consultation that there is a reasonable basis for the commencement of such action.”
Serving the Required Notice
New York Civil Practice Law & Rules § 3406, requires us to file a mandatory notice and schedule a pre-calendar conference in any medical malpractice case. We must notify those who stand accused of medical malpractice and allow them to investigate the incident and have an opportunity to offer a settlement. In some cases, this provides an opportunity to reach a fair settlement without filing a lawsuit.
Our multilingual staff will answer your questions and keep you updated about your case in your native language if you prefer. These languages include Spanish, Greek, Bengali, Tamil, and Kannada. We will also meet with you in Uniondale, elsewhere on Long Island, or at the location most convenient for you in the New York metropolitan area.
Contact Friedman & Simon, L.L.P. today at (516) 932-0400 for more information.
Uniondale Erb's Palsy Lawyer Near Me 516-932-0400
Compensation Is Possible Based on a Uniondale Erb’s Palsy Diagnosis
While not all cases of Erb’s palsy will support a birth injury payout, many will. If your child’s case is one that will support our team to demonstrate that your child’s injuries occurred because of medical negligence, we will seek the following types of damages on your child’s behalf:
- Medical treatment and all related expenses
- Ongoing care costs if necessary
- Related expenses and losses
- Pain and suffering and other non-economic damages
Under New York Civil Practice Laws & Rules § 214-A and the aforementioned § 3406, as well as other time-limitations that govern medical malpractice litigation, we have specific deadlines we must meet when pursuing a birth injury case on behalf of your family. While it could be several years before you have an understanding of the challenges your child will face because of their traumatic birth, it is critically important to determine the applicable deadlines for taking legal action based on the facts of your case.
Call us as soon as you learn of their diagnosis and let us review your case to find out.
Speak With a Member of Our Birth Injury Team Serving Uniondale
The Uniondale Erb’s palsy lawyers from Friedman & Simon, L.L.P. are dedicated and determined to win the best possible case outcome for families whose babies suffered brachial plexus birth injuries and Erb’s palsy. If your child has an Erb’s palsy diagnosis, call Friedman & Simon, L.L.P. today at (516) 932-0400. Our case evaluations are free for victims’ families, and we handle all medical malpractice cases based on a contingency fee.