Birth Injury Lawyers NJ
Birth Injuries Caused By Medical Mistakes
Many birth injuries are obvious when they occur. However, if the baby has a brain or neurological injury, the baby may not show any symptoms of the injury until almost one year of age. Birth injuries can be the result of the development of the fetus or, in some cases, the result of an injury during or after the delivery process. Fortunately, some of these injuries are not serious and heal within weeks.
While medical professionals are trained to deal with unexpected difficult situations during the delivery process, mistakes do occur. Injuries resulting in long-term impairment are often the result of excessive force or improper administration of delivery procedures. In these instances, disorders such as Cerebral Palsy and Erb’s Palsy are often the end result.
Cerebral and Erb’s Palsy
Some birth injuries may be permanent or result in neurological disorders such as Cerebral Palsy and Erb’s Palsy. Cerebral Palsy is associated with oxygen starvation of the brain and can cause a number of developmental defects. Erb’s Palsy is the result of damage to the upper nerves in the baby’s arm, known as the brachial plexus, and can result in significant physical impairment and paralysis.
Birth Injury Legal Representation
When it comes to birth injuries with long-term consequences, the costs of treatment can be staggering. It is important to find the right legal representation, if you want to obtain compensation and assistance with long-term medical bills. Our medical malpractice lawyers have worked with numerous individuals and families in order to assist them with their medical negligence cases. Proving such a case can require extensive review of medical records and investigation of witness accounts, which is why you need a lawyer on your side.
New Jersey Birth Injury Lawyers
Since 1987, the law firm of Trief & Olk has provided legal assistance to a wide variety of medical negligence clients. If you or a loved one has a legal concern, please contact us to find out more or for a free consultation to discuss how our firm can help to resolve your birth injury case. Our law offices can be reached via telephone at (212) 486-6060 or by filling out our confidential online form. When you complete the form, include a detailed and thorough description of your case. We look forward to serving your needs!
Forces of Labor Defense Still Contested
In most Erb’s palsy medical malpractice cases, defendants claim that the injury was caused by the natural forces of labor and the maternal expulsive efforts, rather than the malpractice of the defendant physician. Trief & Olk has consistently argued that the “science” behind the forces of labor defense is actually junk science, created by a small group of obstetricians based on unreliable data as a means to avoid liability. After a 2012 decision, Muhammad v. Fitzpatrick, from the New York Appellate Division’s Fourth Department (covering Western New York), it appeared that this junk science argument was being rejected. More recent cases demonstrate that the forces of labor defense is still being given credit. Therefore, it is important to find medical malpractice attorneys that can appreciate both the complex medical and scientific aspects of an Erb’s palsy claim and the legal aspects.
The Muhammad decision was based on two different legal findings: (1) the defendants failed to establish that the forces of labor theory was generally accepted in the scientific community and (2) the defendants failed to establish that the forces of labor could generally cause Erb’s palsy (general causation) and specifically caused the plaintiff’s Erb’s palsy (specific causation).
Since the Muhammad case, several plaintiffs have relied upon it to argue for preclusion of the forces of labor defense, to varying degrees of success. Some cases have actually found that the forces of labor theory is generally accepted by the scientific community, but still barred its introduction because of the lack of evidence of general or specific causation. Others took the direct opposite stance as the Court in Muhammad, allowing presentation of the theory to a jury after the Court found that the theory was scientifically accepted and that there was sufficient evidence as to general and specific causation.
Since this is a developing area, if you have an Erb’s palsy medical malpractice claim, it is crucial to find an attorney who can appreciate both the scientific and legal aspects of your Erb’s palsy medical malpractice claim. While seeking preclusion of the forces of labor theory may not be possible in all cases, it should be considered carefully, along with other ways to address the defendant’s efforts to shift blame from their own malpractice to the natural efforts of the mother during labor and delivery.
New York Erb’s Palsy Lawyer
Nothing is more heartbreaking than seeing your child in pain or discomfort. Worse yet is the thought of a debilitating birth injury that leaves your child paralyzed and unable to lead a full and healthy life. When your child’s brachial plexus nerves are damaged, resulting in Erb’s Palsy, the potential consequences vary drastically. Your child could suffer partial to complete and temporary to permanent changes in mobility. Several different conditions may develop from the damage, including paralysis, and could continue into adulthood.
Erb’s Palsy occurs when the fifth and sixth cervical nerves are paralyzed, causing the arm to be turned toward the body. At the same time, the hand is turned backward and there is no elbow movement. Parents who need to speak with a New York Erb’s Palsy lawyer should contact us so we can sit down for a candid discussion that centers on the details surrounding your child’s injury and his or her resulting medical needs.
While some babies recover without help, many need interventions with specialists. Procedures that include nerve transplants, Sub Scapularis releases and Latissimus Dorsi Tendon transfers may be necessary in some cases. Additionally, for some patients, long-lasting effects may shadow their lives forever, including circulation and internal temperature-control problems, and lifelong arthritis. Parents shouldn’t have added financial burdens because a mistake was made when their son or daughter was delivered.
New York Erb’s Palsy Lawyer
The litigation process surrounding a birth injury case is a tedious, complex process. A lawsuit concerning a birth injury may involve an array of expert witness depositions and interpretation of medical records. If you are looking for a New York Erb’s Palsy lawyer, we invite you to contact our office for a free consultation. Our litigators have extensive experience in trying cases that involve birth injury, and we promise to make the entire process as hassle-free for your family as possible.
Because of our significant experience, we can help you understand if your child’s injury is the result of a doctor’s or nurse’s negligence, and if filing a medical malpractice lawsuit is an appropriate next step for your family. Many times, difficult birth conditions are preventable with accepted, standard medical care. If your prenatal health care team failed to ensure you received adequate care, that is a medical malpractice issue. If you think your child’s Erb’s Palsy is related to medical malpractice, you may be entitled to compensation that will cover your child’s present and future medical needs.
New York Erb’s Palsy Lawyer Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of medical malpractice clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your Erb’s Palsy case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.
New York Brachial Plexus Lawyer
A birth injury during delivery doesn’t just hurt your baby, it affects your entire family, emotionally and financially. When your child is in pain, it’s made even more difficult knowing the cause is medical error, and that your child could have lived a normal, care-free life.
Several of the most common birth injuries involve the brachial plexus nerves, and result from shoulder dystocia during a difficult delivery. This birth complication occurs when a medical team has difficulty delivery the baby’s shoulder. It can result in bruising, swelling or tearing of the nerves that extend to the shoulder, arm, wrist and hand.
This group of injuries includes Brachial Plexus Palsy, Klumpke’s Palsy, Erb’s Palsy and Duchenne’s Palsy, and can range from mild to severe injuries. They may be either temporary or permanent, and can cause the baby to lose the ability to flex and rotate the arm. In the most severe cases, numerous surgeries and lifelong physical therapy may be necessary. If you need a New York Brachial Plexus lawyer, we would like to speak with you. We offer free consultations, so you don’t need to worry about spending added money on legal services when you’re weighed down with expensive medical bills. When we meet with you, we’ll review your child’s medical records to determine if medical error caused the brachial plexus injury and discuss your options.
New York Brachial Plexus Lawyer
Some brachial plexus nerve injuries aren’t severe and recover naturally with time. In other cases, you may need a New York brachial plexus lawyer. The most severe cases of these birth injuries lead to several surgeries and lifelong physical therapy. You shouldn’t be forced to pay for medical care due to medical negligence. There are four general types of injuries associated with the brachial plexus nerves. In a stretch/neuropraxia/praxis injury, the nerves are damaged, resulting in swelling, bruising, over-stretching or compression. The severity of this damage varies greatly from case to case and is sometimes temporary.
Neuroma results from scar tissue around the initial injury that impairs the baby’s movement, because the nerve can’t communicate normally with the muscle. Surgery to remove the scar tissue is a standard procedure in these cases. The two most serious injuries are rupture and avulsion, and both usually involve permanent damage. Rupture involves tearing in the brachial plexus nerves and surgery is required. With avulsion, the nerve is torn from the spine, leaving the child’s arm paralyzed and flaccid.
New York Brachial Plexus Lawyer Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.
New Jersey Erb’s Palsy Lawsuit
When a medical error occurs during your child’s difficult delivery, it changes your life forever. Years of surgeries and physical therapy may be necessary to give your child a bearable life. If your child has been diagnosed with Erb’s Palsy, and you’re stuck with unfair medical bills, you should consider filing a New Jersey Erb’s Palsy Lawsuit.
Erb’s Palsy sometimes happens due to medical negligence, when a doctor or nurse incorrectly delivers a baby by applying too much downward pressure. This pressure can bruise or tear the fifth and sixth cervical nerves, leading to temporary to permanent paralysis of the affected arm. Erb’s Palsy is one of several birthing injuries common to the brachial plexus nerves. The paralysis can be mild to severe, and may require nerve grafting, or bone, muscle or tendon cutting and repositioning. Your young baby may require multiple surgeries to regain some use of the arm.
Even after all these procedures, your child may still need physical therapy into adulthood. And some patients suffer from other common lifelong ailments, including loss of sensation, internal temperature-control problems and arthritis. These costly medical and therapy bills can take a toll on your mental and emotional well-being, not to mention your financial health. Your family shouldn’t have to worry about money because of someone else’s mistake.
New Jersey Erb’s Palsy Lawsuit
Don’t assume that your child’s injury was part of the natural birthing process. That’s not always the case. If your child was injured due to medical error during a delivery in New Jersey, you have the right to have your case heard in a court of law. We suggest you contact us with details about your case, so we can offer you a free consultation. We’ll review your child’s medical records and determine if his or her Erb’s Palsy resulted from medical negligence. If we believe you have a case, we’ll gently guide you through litigation.
Birth injury lawsuits are time-consuming and complex and you need a legal team that understands the emotional pain you’ve suffered. Our attorneys work closely with seasoned medical experts to understand the specific injury in each and every New Jersey Erb’s Palsy Lawsuit we try in court. We will make the litigation process easy to navigate for your family. Our attorneys are skilled litigators with years of experience in birth injury lawsuits, and each case we try is overseen by at least one or more senior attorneys. Every case is a priority at Trief & Olk.
New Jersey Erb’s Palsy Lawsuit Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your medical negligence case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your Erb’s Palsy case. We look forward to serving your needs.
New Jersey Brachial Plexus Lawsuit
Every new parent looks forward to a child’s birth with excitement and sometimes a little anxiety. No one expects the nightmare of a child being injured during the birthing process. A brachial plexus injury is among the most common delivery-related injuries reported among newborns, and can range from mild to severe symptoms. Some injuries are permanent, and require several surgeries and lifelong physical therapy. Even some temporary injuries may require surgery to remove scar tissue.
If your child has been injured while being delivered, you should speak with us about your rights and legal options. We offer free consultations, and can review your newborn’s medical records and advise you about whether the injury is related to medical error. We work with professional medical experts and have years of experience.
If the injury resulted from a doctor’s error, we can work with you to file a New Jersey brachial plexus lawsuit and attempt to get the compensation you deserve. You shouldn’t have to suffer financial ruin and emotional trauma because of someone else’s medical error. If doctors and nurses follow accepted, standard procedures, most cases of delivery-related brachial plexus nerve damage can easily be avoided.
New Jersey Brachial Plexus Lawsuit
During difficult deliveries, Shoulder Dystocia can cause a number of serious complications, including injury to the brachial plexus (bundle) of nerves. This condition results from a child’s shoulders becoming stuck during the birthing process. These nerves control sensation to muscles in the shoulder, arm, wrist and hand muscles. Four different types of injuries can affect this bundle of nerves, resulting in temporary to permanent injuries that are mild to severe in nature. In cases where the nerves are torn or torn away from the spine, the injuries are permanent and could require multiple surgeries and a lifetime of physical therapy. Additional complications include associated arthritis and loss of sensation in the arm.
Young parents shouldn’t agonize over the injury of a newborn, especially when it’s the result of medical error by a doctor or nurse. You should empower yourselves and protect your child’s health by asserting your legal rights. If the injury was caused by medical negligence, our skilled and experienced litigators will work with you in filing a New Jersey brachial plexus lawsuit. We will work hard in our attempt to procure the compensation you deserve for your suffering and your child’s injuries.
New Jersey Brachial Plexus Lawsuit Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of medical negligence clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your brachial plexus injury case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.
Erb’s Palsy Attorney in New York
New parents expect to welcome a perfect bundle of joy into the world. But your perfect baby may be injured through no fault of your own, leaving you and your family filled with pain and heartbreak. That’s the case when medical malpractice leads to an Erb’s Palsy diagnosis, and years of expensive medical bills and discomfort for your child.
Medical error during delivery sometimes leads to damaged nerves, in a baby’s shoulder and neck, resulting in arm paralysis and lifelong circulation problems and arthritis. Known as Erb’s Palsy, this birth injury can vary from mild to severe symptoms and require years of specialist intervention. For many patients, the arm paralysis associated with the diagnosis is permanent. These types of errors are sometimes easily preventable with proper testing and use of correct procedures.
Fortunately for parents, a New York appellate court has effectively halted a defense tactic that blames all Erb’s Palsy cases on the natural birthing process. That just isn’t true. You should seek counsel from an Erb’s Palsy attorney in New York for advice in your child’s case. Not every Erb’s Palsy diagnosis resulted from medical malpractice, so it’s important that you speak to a lawyer who specializes in birth injury cases and litigation to determine how your child was injured.
Erb’s Palsy Attorney in New York
Our attorneys have years of experience in litigating birth injury cases. When you contact us, we’ll review your case and determine if medical error by a nurse or doctor caused your child’s debilitating injury. If we decide to take your case, a skilled team of senior attorneys will guide you through the lawsuit and make the process as simple as possible. We know you’ve suffered too much already. Birth injury cases are complex and lengthy, so be prepared for a long trial. Numerous medical experts are called to the stand in such cases and medical record interpretation is necessary to show the exact cause of injury.
When you need an Erb’s Palsy attorney in New York, we hope you’ll consider contacting us for a free evaluation of your case. If your child was injured during birth due to medical negligence, you shouldn’t have to pay for expensive medical bills and ongoing therapy. That takes a toll on your emotional health and financial well-being. Parents deserve the peace of mind that comes from knowing your child will have a healthy, fulfilling future. Our caring team is dedicated to ensuring parents are treated fairly in the legal system.
Erb’s Palsy Attorney in New York Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.
Brachial Plexus Attorney in New York
A brachial plexus injury can lead to a lifetime of disability and pain. It’s a tragedy that no family should have to suffer. When your little one is injured during delivery, due to medical negligence, you have the right to contact a brachial plexus attorney in New York and attempt to be compensated fairly for your child’s injuries.
If your baby is paralyzed due to a botched delivery, don’t wait to contact a reputable, qualified litigator. We offer free consultations, and can review your child’s medical records to determine if the injuries sustained during delivery resulted from medical error by a nurse or doctor. Our skilled attorneys have years of experience at reviewing birth injury case records and helping parents to understand their child’s injury.
Most parents hope for the best when a child is injured. While some brachial plexus injuries are temporary or mild, that’s not always the case. Some children must undergo multiple surgeries to graft nerves and relocate bones, tendons and muscles. In these cases, the baby will usually need physical therapy and a regimented exercise routine for life. Even with all this medical help, the chances are high that, in the most severe cases, a child will suffer from lifelong loss of sensation, arthritis and temperature-control problems.
Brachial Plexus Attorney in New York
There are several different names for brachial plexus injuries, comprised of Erb’s Palsy, Duchenne’s Palsy, Klumpke’s Palsy and Brachial Plexus Palsy. These injuries occur most commonly during a difficult delivery, when a baby’s shoulders become stuck. This condition is known as Shoulder Dystocia. If a member of the medical team uses too much downward force during delivery, this pressure can bruise or tear the nerves that control sensation in the shoulder, arm, wrist and hand. When this type of medical error has occurred during delivery, you should contact a brachial plexus attorney in New York.
Many parents with an injured child feel helpless and don’t know where to turn. They struggle to meet the day-to-day demands of medical appointments, surgeries and physical therapy for their child. At the same time, high medical bills take their toll on everyone living in a household with a child paralyzed due to medical error. We know that this is a difficult time for parents, because their baby can’t understand why it feels pain. You shouldn’t feel any guilt for your baby’s suffering and injuries.
Brachial Plexus Attorney in New York Services
Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of birth injury clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your brachial plexus injury case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.
