Having a healthy pregnancy and childbirth is a blessing that many of us take for granted. Cerebral palsy, Erb’s palsy and other birth injuries can result from complications throughout the mother’s pregnancy, labor, delivery or immediately following birth. The most serious types of birth injuries often involve damage to the baby’s brain. Such injuries can be caused by the failure to perform a timely cesarean section, misuse of forceps or vacuum during delivery, or abuse of birth inducing medications such as Pitocin.
The attorneys at Gersowitz Libo & Korek, P.C. have more than 30 years of experience representing clients who have suffered injuries or died as the result of medical malpractice involving birth injuries. Our experienced and compassionate lawyers in New York treat each client with the compassion and respect they deserve in obtaining the benefits they are entitled to. We have helped our clients successfully recover damages in many different types of birth injury cases, especially the serious injuries of Cerebral palsy and Erb’s palsy.
Cerebral Palsy is an affliction of the central nervous system, which causes permanent damage to infants or young children. Although most parents want to know exactly how their children were afflicted with this devastating medical condition, it is often unclear whether the damage to the infant occurred during pregnancy, birth, or immediately following birth.
The only way to assess whether injury was avoidable is to have an expert examine all of the medical records relating to prenatal care, delivery and newborn medical care. The expert must be an unbiased and an accredited professional who understands important medical concepts, including:
- Complex physiological relationship between the mother and the fetus during gestation.
- Stresses that an infant undergoes during birth and the mechanisms it uses to cope with those stresses.
- The process an infant undergoes in adjusting to life outside the womb.
- The infant’s requirements and responses to certain types of stresses and factors in its environment.
Symptoms of Cerebral Palsy
Although there is no cure for cerebral palsy and the damage to the brain is irreversible, treatments in the early stages of this medical condition may help the child better deal with the condition. If you notice any of these signs or symptoms in your child, you should seek immediate medical advice:
- Loss of nerve and muscle function in the arms and legs
- Complete paralysis of the body
- Difficulties with hearing, speech and vision
- Difficulties with breathing, feeding, bladder and bowel control
- Sensory abnormalities
- Speech impediments
- Seizures or epilepsy
- Mental retardation
- Learning disabilities
At Gersowitz Libo & Korek, P.C., our legal team has the knowledge, experience and financial resources to help you obtain the compensation that you and your child deserve. We know when to hire the right medical experts to prove your case and hold the right parties accountable.
Another type of birth injury is Erb’s Palsy, which is caused by an injury to the brachial plexus. Children with Erb’s Palsy have sustained injury to the upper roots of the brachial plexus that houses the shoulder and elbow muscles.
Brachial plexus injuries are among the most complex clinical situations to evaluate. These types of injuries usually occur during the natural delivery of a larger infant. When the infant is too large, he or she cannot safely pass through the mother’s vaginal canal. In these cases, the shoulder often becomes lodged behind the mother’s pubic bone after the head has been delivered. Many times the doctors mismanage this portion of the delivery by pulling or twisting on the baby’s head, which can stretch or tear the nerves.
Erb’s Palsy: The Preventable Birth Injury
Like many other birth injuries, Erb’s palsy can be prevented if proper medical care is taken. One of the major ways that Erb’s palsy can be avoided is to properly gauge the unborn child’s weight prior to child birth. There are certain factors the physician who is monitoring the pregnant mom should consider when determining the size of the fetus:
- Maternal gestational diabetes is generally associated with larger babies.
- Excessive weight gain during pregnancy greatly increases the chance of a larger baby, especially with mothers over 30 years of age.
- Maternal obesity is also a risk factor in giving birth to a large infants.
- Previous deliveries of a large infant.
- Measurement of the fundal height to access fetal size.
At Gersowitz Libo & Korek, P.C., we are dedicated to working hard and fighting strong to hold the healthcare professionals and hospitals that caused your child harm accountable. Having a child with Erb’s palsy or Cerebral palsy can result in serious financial, emotional and mental hardships. In fact, according to the Centers for Disease Control (CDC), the cost to manage and treat an individual suffering either of these medical conditions can cost approximately $1,000,000 over the individual’s life time. Although no monetary value will undo the harm done, it will help you provide the best medical care possible for your child.
You Deserve an Experienced Cerebral Palsy Lawyer
If you have recently experienced the agony of giving birth to a child with Cerebral palsy or Erb’s palsy and you suspect or believe that medical negligence was the cause, you are not alone. While such serious medical conditions will impact all parts of your child’s life and the lives of the entire family, the law does provide you with legal recourse to help you seek justice against the parties responsible for such injuries.
The attorneys at Gersowitz Libo & Korek, P.C. have over 30 years of experience in pursuing justice on behalf of individuals harmed by medical malpractice. Our legal team will take every step necessary to secure not only financial compensation but also accountability and justice.
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