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Woman Sues over Sons’ Erb’s Palsy

A mother of two boys with Erb’s palsy is suing New York City Health and Hospitals Corporation for medical negligence and malpractice. Erb’s palsy is a type of nerve injury that results in partial, sometimes permanent, paralysis of the arm or hand. It is almost always due to injury during birth.

The two boys were born one year apart in 2006 and 2007, but both were delivered at Queens Hospital Center. Their mother claims that “excessive force was used to deliver the babies,” and that this excessive force caused the Erb’s palsy.

In a lawsuit over filed for her second son, the woman claims that the doctors failed to properly handle her prenatal care and to perform a Caesarean section to prevent injury. The deadline for filing a lawsuit over her first son’s injury has passed, but she has asked a judge to extend the deadline.

A Note on Legal Deadlines
All medical malpractice cases are subject to such deadlines, which usually range from one to three years, depending on the state in which the lawsuit is filed. It is crucial for individuals who are considering filing a case to make sure they are within the statute of limitations, the term used to describe legal deadlines, otherwise they may end up forfeiting their right to seek damages.

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