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Medical Malpractice in Erb’s Palsy Suit


The parents of a child born with Erb’s Palsy recently filed a medical malpractice suit claiming their doctor was negligent when delivering their baby. It is claimed that the obstetrician-gynecologist was negligent because she failed to use the proper protocol when delivering their daughter in 2004.

During the child’s delivery, the doctor heightened the left shoulder dystocia injury by applying too much pressure on the baby. Erb’s Palsy, also known as Brachial Plexus Injury, resulted.

A New York City Birth Injury Attorney very familiar with the condition said, “Erb’s Palsy, or Brachial Plexus Injury, is a condition in which a newborn can move one arm but not the other. The condition results from nerve damage. Sometimes this damage is minor and heals itself in days or weeks, but sometimes, entire bundles of nerves are ripped away from the spinal cord causing serious damage.”

According to the American Academy of Orthopedic Surgeons (AAOS), one or two of every 1,000 babies have this condition. Like the NYC Birth Injury Attorney said, the AAOS agrees that most infants with Erb’s will recover both movement and sensation in the affected arm without the need of surgery. Doctors in the Bronx and Brooklyn must be aware Erb’s and the damage it can cause.

Brachial plexus injuries in newborns usually happen during difficult deliveries. Such deliveries involve a large baby, a breech presentation, or a prolonged labor. It also occurs when the person assisting the delivery must exert force to pull the baby from the birth canal.

The family claims that the doctor’s negligence caused their baby pain and suffering, disability, disfigurement, loss of a normal life and the loss of ability to earn wages. They also claim that their son’s injuries have forced them to incur reasonable and necessary medical expenses and other life-caring measures.

When a family incurs such costs, it is their right to seek compensation from the responsible parties to pay for those costs. 

The family’s legal counsel is seeking damages in excess of $100,000, plus costs.

Acting on behalf of a family, legal counsel will look at the costs incurred and estimate future expenses and loss to give the family a reasonable amount to ask for in their claims.

If you are in need of such assistance, contact a NYC Birth Injury Attorney today. They will give you time devoted to your case and a professional level of knowledge in all the legal matters pertaining to your claims. The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in N York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

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