Erb’s Palsy Lawyer in New York City

Woman with newborn baby

Our Erb’s Palsy attorneys at Douglas & London in New York, NY, assist families experiencing the hardships that accompany this birth-related injury. Erb’s Palsy causes paralysis or weakness in a baby’s arm. It is often caused during difficult deliveries, when a baby’s neck is pulled or stretched to one side.

Although some cases of Erb’s Palsy resolve themselves over time, in many cases, a child can suffer lifelong struggles. Our attorneys can work diligently to ensure that you and your family are properly compensated for the injury your child suffered during birth because of negligence on the part of a doctor, midwife, or other health care practitioner. If your child is exhibiting signs of Erb’s Palsy, call (800) 963-4444 or reach out online to book a free case review with a New York City birth injury lawyer.

When medical professionals breach their duty of care and fail to prevent birth injuries that were largely avoidable, they may be held accountable for the harm suffered. With our help, clients with injured children have collected millions in damages. We work on a contingency basis, so you never have to worry about upfront legal costs and owe no attorney fees unless we recover damages on your behalf.

What Is Erb’s Palsy?

Erb’s Palsy, also known as brachial plexus palsy, is an injury to the fifth and sixth cervical roots of the brachial plexus, a group of nerves that extend from the spinal cord in the neck. Injury to these nerves may result in paralysis or weakness in the baby’s shoulder, arm, hand, or fingers.

Symptoms of Erb’s Palsy include:

  • An inability to move the arm or shoulder
  • An arm that appears bent inward toward the body
  • Weak or absent reflexes in the arm
  • Lack of sensation in the arm or hand
  • An arm that appears limp
  • Loss of control of the muscles in the arm, hand, or wrist

Generally, if it is discovered your child has Erb’s Palsy, your doctor will recommend non-surgical treatment, such as physical therapy. If there is no improvement within three to six months following physical therapy, your doctor may recommend surgery. It can take several months following surgery to determine if the procedure was successful, and the type of brachial plexus injury typically determines the outcome. As a parent, you can be left with mounting medical bills associated with your child’s treatment and care. Your child can suffer lifelong weakness in the shoulder, arm, and hand.

Causes of Erb’s Palsy

There are certain factors that place your baby at a higher risk for Erb’s Palsy, such as a large infant size, high birth weight, or a small maternal size. It is your doctor’s job to account for these potential risk factors and recommend appropriate measures to avoid complications. During the birthing process, doctor negligence can include failing to act fast enough to avoid complications or using excessive force with forceps or a vacuum that pulls on the baby’s shoulder or legs.

There are four types of nerve injuries that can result in Erb’s Palsy:

  • Neuropraxia: localized nerve trauma that resolves in 3-4 months
  • Neuroma: a stretched nerve that heals with scar tissue
  • Avulsion: the nerve is torn from the spine
  • Rupture: the nerve is partially torn but still connected

Grounds for Filing an Erb’s Palsy Lawsuit

The unfortunate reality is that conditions like Cerebral Palsy and Erb’s Palsy are often preventable and attributed to gross negligence or mistakes made during the delivery process. While filing an Erb’s Palsy lawsuit cannot undo the harms done, litigation can ensure that negligent parties are held accountable for their actions—and the monetary compensation recovered can go a long way toward paying unexpected hospital bills.

Brachial plexus injuries can happen in any number of ways, but the following examples may give rise to a civil lawsuit for damages:

  • Failure to proceed with a Cesarean section delivery when medically necessary
  • Negligent use of forceps or vacuum extraction
  • Failure to detect shoulder dystocia and take appropriate measures
  • Exerting excessive force on baby’s neck and shoulders, stretching the nerves

Working With an Erb’s Palsy Attorney

Our legal team is well-versed in litigating birth injury cases arising from tragic incidents of malpractice – whether committed by attending doctors, midwives, nurses, doulas, or other health care practitioners. We work closely with independent experts who analyze medical evidence to uncover whether lapses of judgment, inexperience, or blatant errors were contributing factors in your child’s Erb’s Palsy diagnosis. Respected obstetricians, pediatric surgeons, and other specialists may be retained to determine the cause of your child’s brachial plexus injury.

Our trial lawyers are fully prepared to take your case before a jury if a fair and favorable settlement is not reached. At Douglas & London, we are committed to seeking justice on behalf of our clients and helping families secure maximum money damages to provide for their child’s ongoing medical expenses and care needs.

We can also seek compensation for the pain and suffering you and your child suffer and your child’s reduced quality of life due to his or her injury.

New York Erb’s Palsy Lawyer

If your child suffered an injury during birth that has resulted in muscle weakness or paralysis in the shoulder, arm, or hand, you may be eligible to receive compensation for past, present, and future medical bills, pain and suffering, and other damages. The law firm of Douglas & London understands that families impacted by Erb’s Palsy or other birth injuries have many concerns about their child’s future as well as their financial means to pay for ongoing medical expenses. Contact us online or call to schedule a free case review with an experienced personal injury lawyer at our firm.