While Erb’s Palsy is mostly an injury that occurs through complications during the birthing process, it is not unusual for a child to be diagnosed with the injury at a later time.
Erb’s Palsy, also known as Brachial Plexus Paralysis, is a nerve injury. The Brachial Plexus is a group of nerves that run from the spine through the shoulder and to the tips of the fingers.
During a delivery, too much force may be applied while trying to pull out a baby stuck in the birth canal. Unless appropriate steps are taken, the Brachial Plexus nerves can be compressed, stretched or torn.
The time limit to bring an Erb’s Palsy claim is dictated by the medical malpractice “Stautue of Limitations” within your state. In New York, for example, the time limit to bring a medical malpractice claim is 2.5 years from the alleged malpractice. In birth injury cases, this means from the time of birth.
“Statutes of Limitations,” the time limit to bring a claim, may seen straight forward and simple, but they are not. The 2.5 years to bring a malpractice action in New York only applies to adults. There are different rules for infants (an infant is defined as any person under the age of 18).
Infancy “tolls” a “Statute of Limitations.” What “tolling” means is the clock is stopped until the age of 18. So, under normal circumstances, an infant diagnosed with Erb’s Palsy would have 2.5 years from the time he turns 18 to bring a claim, i.e.
age 20 and one half. However, depending on certain circumstances, the “tolling” of an infant’s claim may only be 10 years from the date of incident!
What this all means for you is always consult with an attorney as soon as you suspect you may have a legal claim for your injury. He or she will explain the correct “Statue of Limitations” that applies to your particular circumstance.