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Rusk, Wadlin, Heppner & Martuscello, LLP Rusk, Wadlin, Heppner & Martuscello, LLP
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New York Erb’s Palsy Lawyer

Few things are more devastating than finding out your child suffered a preventable birth injury or defect due to the negligence of the medical staff involved.  Erb’s Palsy is a condition affecting the nerves in the neck that control the motions of the arm, and it can lead to significant functional limitations.  The condition can be short-term or long-term, and, depending on the severity, may require invasive grafting surgery to treat.  Families with a child suffering from Erb’s Palsy may face difficulties and significant medical expenses.  Far too often, Erb’s Palsy results from negligent conduct by physicians and medical staff during a birth and was entirely preventable.

If your child suffers from Erb’s Palsy and you suspect that medical malpractice could be to blame, the New York birth injury attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP, are prepared to help.  We will investigate the circumstances of your child’s injury, establish whether medical negligence or malpractice was a contributing factor, and build your case for compensation.  You and your family should not have to face this hardship alone.  Our New York Erb’s Palsy legal team is ready to fight your battle with you.

What is Erb’s Palsy?

Erb’s Palsy, also called a brachial plexus injury, is a condition affecting the nerves within the neck.  Around one or two in every 1,000 babies in the United States will suffer from Erb’s Palsy.  The brachial plexus is the network of nerves that runs down the spine and provides feeling to the arms.  The condition turns muscles inward toward the body, disrupting mobility.

Palsy refers to the damage to the arm.  There are a few types of Erb’s Palsy injury, depending on the nature of the damage to the nerves.  In more mild forms, a child’s nerves are stretched or “shocked,” while in more extreme form, nerves may be scarred, stretched to the point of tearing, or even entirely torn from the spinal cord.  Mild Erb’s Palsy can cause weakness and loss of sensation in the arm as well as temporary paralysis.  More severe Erb’s Palsy can lead to significant functional limitations, including long-term loss of all feeling and use of the arm to the point of paralysis, and even difficulty breathing.

What Causes Erb’s Palsy?

Erb’s Palsy most typically results from injuries sustained during childbirth.  When the head and shoulders of a baby are pulled too far apart during childbirth, such that the neck becomes overstretched, damage to the nerves in the neck can result.  This can occur accidentally through no fault of anyone involved, but it also commonly results from some form of malpractice.

Some examples of how medical malpractice could lead to Erb’s Palsy include:

  • An infant is unusually large, and the doctor, nurse, or midwife pulls too hard in trying to effectuate the birth
  • The baby was in a breech position, with arms stretched over the head, and the brachial plexus was strained as the doctor pulled the child free
  • A doctor utilizes forceps or a vacuum extractor during a birth and uses them too forcefully, stretching the child’s neck in the process

The condition can also result from overstretching or other trauma to a child shortly after or within a few months of birth.  If your child suffers from Erb’s Palsy upon birth, there is a solid chance that someone involved committed an error during the birth.  You have the right to hold those responsible liable for the resulting harm.

Immediate, Effective Help for Erb’s Palsy Claims from Zealous Hudson Valley Birth Injury Lawyers

If your family has experienced a birth injury that resulted from someone else’s mistake, you do not have to face the resulting hardships alone.  You deserve to have the comfort, at the least, of knowing that your child’s medical bills will be covered.  You need assistance from passionate legal counsel that is ready and able to fight for your rights against big hospitals, malpractice insurers, health insurance providers, and anyone else who should be responsible for compensating you for the harm you and your family have suffered.

Let us work to get you the recovery you deserve so that you can focus on the well-being of your child rather than worrying about medical bills. For help pursuing medical malpractice claims in New York’s Hudson Valley region, contact a New York birth injury lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP, for a consultation on your claims, at their conveniently-located offices in Marlboro at 845-236-4411 or Kingston at 845-331-4100.

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