Erbys Palsy Legal Resources

In New York and New Jersey

To understand whether you or a loved one has a case for medical malpractice, it is important to understand how these cases are evaluated. Medical malpractice is a form of negligence, in which a health care provider fails to meet a common standard of care. This does not include every case in which medical care fails, but cases in which the provider fails to take steps that a reasonably competent provider in the same type of practice would take. These standards of practice may vary significantly among different specialties and different geographic regions; and as such, it is essential that the attorney representing the patient in a medical malpractice case have experience and skills in medical malpractice. 

If your child suffered a sudden birth injury, or died during delivery, you deserve to know what happened during the procedure. If this tragedy could have been prevented, your birth doctor or hospital staff should be held liable. Our experienced and caring attorneys have decades of experience fighting for the rights of personal injury victims. We know what it takes to successfully win your claim so that you can move on with the joys of being new parents.

Cerebral Palsy, also known as “CP”, is a non-progressive disorder of posture and movement. Cerebral Palsy is the result of an injury to the brain, typically occurring before, during, or immediately following birth. The most common cause of Cerebral Palsy is a lack of oxygen to the brain. This lack of oxygen can injure the child’s cerebrum and disrupt the brain’s ability to control posture and movement. Only a careful examination of the medical records of both the mother and the child, along with examining the fetal monitor strips which record the heart beat of the baby, can enable one to determine whether an infant suffered oxygen deprivation which caused his or her brain injury.

Erb’s Palsy is a birth injury that is caused by damaging the brachial plexus nerve near the shoulder. The brachial plexus nerve controls arm movement and sensation. Serious forms of Erb’s palsy can be permanent. Erb’s palsy can cause things like upper body paralysis, lack of arm movement, limpness, and lack of muscle control. Hypoxia is the medical term for a lack of oxygen reaching the brain. As a birth injury, leaving the head in the birth canal too long, or improper use of vacuum devices, can cause hypoxia. Like cerebral palsy, hypoxia can have permanent affects on the victim’s life. Hypoxia can cause serious medical problems, including death, coma, seizures, breathing problems, and brain damage.

Birth injuries can be caused by obstetrical malpractice including failure or delay in responding to fetal distress, failure to properly read fetal monitoring data, the administration of too much Pitocin, as well as improper use of vacuum extraction devices or forceps. Birth injury lawyers at Trief and Olk in New York and New Jersey will evaluate your birth injury claim for free and represent you on a contingent fee basis.

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  • Case Settlements

    Find out about our Case Settlements and Verdicts We have extensive experience representing families whose newborns have been diagnosed with Shoulder Dystocia and Erb's Palsy. View the results of Erb's Palsy cases litigated by Trief & Olk.
  • Legal Resources

    Click here for helpful Legal Resources and information regarding your case. If your child has suffered a birth injury, you're likely looking for answers and information on your child's condition. Trief & Olk has compiled a series of resourceful websites you may find helpful.
  • Do I Have A Claim?

    Find out if you have a claim for these types of injuries. Our team of attorneys are experienced at handling the complex litigation of Erb's Palsy cases. Find out if you have a claim for these types of injuries.
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