Medical Malpractice Law Firms New York

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.


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