Can I Sue for Malpractice in New York if My Child Has Erb’s Palsy?

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Giving birth to a child is one of the most exciting moments in a woman’s life, but it is also nerve-wracking, as any parent has some worry about whether their child will be okay. Fortunately, most births happen without issue, but this doesn’t always happen. One of the most common injuries during childbirth is the development of Erb’s palsy. Unfortunately, sometimes, these injuries are preventable. If your child has Erb’s palsy and you believe it’s a result of medical malpractice, please continue reading and reach out to a seasoned New York City Erb’s palsy lawyer to learn more. Here are some of the questions you may have:

Is Erb’s palsy always the result of medical malpractice?

The first thing you should understand is that not every case of Erb’s palsy is a result of a physician’s error. However, some cases are. Essentially, Erb’s palsy is an injury to a child’s brachial plexus (the part of the body where the next joins the shoulder). In most cases, this condition will develop when a baby’s shoulder is impacted or stuck on the mother’s pelvis during childbirth. Nerves will then tar or stretch improperly during the delivery of the baby. Often, the symptoms of Erb’s palsy are paralysis, limpness, or loss of sensation in the arm or shoulder. Though recovering from this condition through extensive treatments is possible, it’s not always the case.

When determining whether a case of Erb’s palsy is a result of medical malpractice, we’ll have to prove that the physician in question failed to identify certain risk factors during childbirth, and that Erb’s palsy could have been prevented through proper diagnosis and treatment. As long as you can prove that your child would not have developed this medical condition had the physician taken proper measures, there’s a strong chance that you will have a valid malpractice claim.

How long can I wait to file a medical malpractice claim in New York State?

In New York State, victims of medical malpractice will only have 2.5 years from the date of their accident to sue the party responsible for their injuries. Waiting longer than 2.5 years will result in your losing your right to sue. If you have any further questions about Erb’s palsy or whether you’ll have a valid medical malpractice case, please don’t hesitate to reach out to Mark Bodner, P.C. to learn more.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process.聽Contact聽us聽today.