What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

Erb's Palsy - Personal Injury Lawyer NYC | Medical Malpractice Atto...

New York City Erb's Palsy Lawyer

Erb's palsy is a type of birth injury that damages the nerves of the shoulder and elbow muscles. In some cases, the condition is the direct result of a medical professional failing to employ the accepted standard of care during birth. If the arm of the baby is stuck and too much force is used by your doctor, it can damage the nerve endings around the arm. This can result in permanent nerve damage.

Rosenberg, Minc, Falkoff & Wolff, LLP, has extensive experience representing children and families affected by this type of injury, and we invite you or a relative to contact us if you'd like us to analyze your case.

How Can A Lawyer Help My Family?

Our New York-based law firm can provide valuable services to children with Erb's palsy and their families. Medical procedures, special education, orthopedic braces and other appliances cost a staggering amount of money. Many families either don't have enough insurance or don't have any at all. Their children end up without many valuable items that could make their lives so much better.

If a case of Erb’s Palsy was preventable but your doctor made a critical error, contact Rosenberg, Minc, Falkoff & Wolff, LLP today to discuss your case. We are equipped to help you pursue a legal action for medical malpractice to pursue justice for your child.

How Do I Know If My Child Has Erb's Palsy?

Erb’s Palsy is a type of birth injury that occurs when the nerves in a child’s shoulder are pulled or dislocated. This group of nerves is called the brachial plexus. When there is extreme stress on these nerves, the arm can be partially or completely paralyzed. Erb’s palsy requires extensive treatment and care. When an injury occurs, and your child is left with an unexpected medical condition, the stress and fear about the future can be difficult and overwhelming.

Erb's palsy, also spelled Erbs palsy, was named after Dr. Wilhelm Heinrich Erb, a German neurologist. Dr. Erb uncovered the most common injury that causes brachial plexus palsy – damage of the nerves in the vertebrae. This damage causes paralysis in some children. Others may lack muscle control or feeling in their arms or hands. The majority of Erb's palsy cases occur during birth, as a result of forcible traction during delivery.

Symptoms of Erb's palsy can include:

No muscle control and no feeling in the arm or hand
The ability to move but with little control
The use of hands but not of the shoulder or elbow
The entire arm may be paralyzed with the hand and fingers hanging limp
Facial paralysis on the affected side
Not able to sit up without assistance
The inability to crawl without the use of therapeutic devices

Erb's palsy is mostly preventable because the medical community has developed maneuvers that should be used to alleviate shoulder dystocia – a condition that occurs when the baby's shoulder becomes "stuck" behind the mother's pubic bone in the birth canal. However, there are times when the brachial plexus has been damaged during delivery. Sometimes the damage is permanent, sometimes it isn't.

When Is Erb's Palsy a Product of Medical Malpractice?

Erb’s Palsy can occur under the following circumstances during childbirth:

The baby is breech upon delivery
The doctor uses improper technique or too much force
The angle of birth is unusual

In all of these cases, the doctor needs to manually adjust the baby’s position. If your doctor did not use the accepted standard of care in a difficult birth, using too much force, the baby can be permanently injured.

Many cases of Erb’s Palsy are preventable. If a mother has an unusual pelvic shape or the baby is born late, your obstetrician is aware of the types of difficulties that could be encountered in giving birth. If your doctor missed warning signs or your baby was treated with too much force during birth, you may have a valid medical malpractice case. Take note that you have limited time in which to file a lawsuit under the New York statute of limitations.

Legal Help for Erb’s Palsy Claims

When the Erb's palsy has occurred because of malpractice or negligence, parents have rights. The birth injury and Erb's palsy lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP, have the proven record, knowledge and resources necessary to bring justice. If your child has been diagnosed with Erb's palsy that was caused by negligence, you may be entitled to monetary compensation.

If you believe a doctor's error could have caused your child's Erb's palsy, you should seek qualified legal help as soon as possible before your baby's rights expire. Contact a Rosenberg, Minc, Falkoff & Wolff, LLP, Erb's palsy lawyer for your free legal consultation or save time with our online contact form.

If you would like a free consultation about your Erb's palsy malpractice claim, please contact us. We operate on a contingency fee basis with no fees unless we successfully accept a settlement for your case.

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!