New York City Erb’s Palsy And Shoulder Dystocia Birth Injury Attorneys
Last updated on July 17, 2026
An Erb’s palsy diagnosis brings about painful questions for families, many of which center on whether the injury was preventable. At Rich & Rich, P.C., our attorneys, Jeffrey M. Rich and Marc L. Rich, have each spent more than 35 years representing families in New York City Erb’s palsy cases. When a physician’s error in the delivery room permanently affects your child’s arm and shoulder, they will stand by your side and fight to hold every responsible party accountable.
What Is Erb’s Palsy?
The brachial plexus is a complex network of nerves running from the spine through the shoulder and down the arm. When those nerves sustain damage during delivery, the result is often Erb’s palsy, a condition that can limit or eliminate movement in a newborn’s arm, shoulder and hand.
Outcomes range from gradual recovery with early intervention to permanent paralysis, and research indicates that up to 10% of affected children face lasting disabilities. New York City Erb’s palsy cases commonly trace back to one preventable delivery room event: the mismanagement of shoulder dystocia.
How Shoulder Dystocia Mismanagement Causes Erb’s Palsy
Shoulder dystocia occurs when a baby’s shoulders become wedged in the birth canal after the head delivers. A physician must respond quickly using approved obstetric maneuvers to safely free the baby. When a delivering physician instead applies excessive lateral traction – pulling or twisting the baby’s head and neck with too much force – the brachial plexus nerves can stretch or tear, resulting in Erb’s palsy. This failure may constitute a clear departure from accepted medical standards. Other circumstances that may contribute to a New York City Erb’s palsy injury include:
- High infant birth weight that was not identified or planned for in advance
- Breech presentation or vertex delivery mismanagement
- Negligent use of assistive delivery tools, such as forceps or vacuum extractors
- Failure to plan for a C-section when known risk factors were already present
Each of these circumstances may support a New York City birth injury claim.
The Long-Term Impact On Your Child And Family
Some children recover with early physical therapy, while others require multiple surgeries and still face permanent limitations. The lifetime cost of treatment, therapy and adaptive care can reach into the hundreds of thousands of dollars. At Rich & Rich, P.C., our lawyers can work with life care planners and medical professionals to build a case for damages that account for every cost your child’s care may require.
What Our Team Can Do For Your Family
Our lawyers bring over 75 combined years of experience to New York City Erb’s palsy litigation. They understand the medical mechanics of shoulder dystocia mismanagement and know how to demonstrate physician negligence clearly and effectively. They take every case on a contingency basis, so there are no upfront legal fees, and they advance litigation costs. Whether you need a Brooklyn birth injury attorney or representation anywhere across New York City or Long Island, our attorneys are ready to fight for your family.
How Can You Know If Your Child’s Erb’s Palsy Involved Medical Negligence?
Not every Erb’s palsy case involves malpractice. When a delivering physician abandons approved obstetric techniques and applies excessive traction that damages the brachial plexus nerves, that failure may constitute negligence. Our attorneys will review your delivery records and give you an honest, no-cost assessment of your New York Erb’s palsy claim.
What Compensation Can Your Family Recover?
Families pursuing New York City Erb’s palsy lawsuits may seek compensation, which may cover:
- Past and future medical expenses, including surgeries and physical therapy
- Long-term rehabilitation and adaptive care costs
- Your child’s pain and suffering
- Loss of your child’s future earning capacity
- The emotional impact on parents and siblings
The value of each claim depends on the specific facts. Our attorneys will give you a direct, honest picture of what your case may be worth.
Is There A Deadline To File An Erb’s Palsy Lawsuit In New York?
In New York, the statute of limitations for a minor’s medical malpractice claim lasts until the child turns 18, giving families until the child’s 20th birthday to file. Exceptions exist, and certain deadlines may arrive sooner. Contact our Brooklyn Erb’s palsy attorneys as early as possible to preserve critical evidence and protect your family’s rights.
Speak With A New York City Erb’s Palsy Attorney Today
Your child deserves a tenacious fight. If you believe a physician’s negligence caused your child’s Erb’s palsy, do not wait. Contact us at Rich & Rich, P.C., at 212-407-5570 for a free consultation. There will be no upfront legal fees.