NYC Erb’s Palsy Lawyers

Last updated on October 21, 2026

The law firm of Paul B. Weitz & Associates, PC, represents families in New York birth injury lawsuits. Our attorneys investigate medical negligence during labor and delivery and help parents secure full financial compensation for their child’s lifetime care needs.

A birth injury brings not only severe emotional stress but also unexpected financial burdens to the family. Even after the initial injury is treated, the family faces ongoing doctor visits, therapy and medical expenses that may last a lifetime.

If your doctor or care team’s negligence caused the injury, you may have legal recourse. We can help protect your family’s legal rights and hold the responsible parties accountable for the harm they have caused. We do that by seeking the financial compensation your child requires.

We handle all birth injury cases on a contingency fee basis, meaning you owe no attorney fees or case expenses unless we secure a financial recovery for you. Our initial consultations are completely free.

Our firm has represented New York injury victims since the 1970s, and we have established a record of success in complex birth trauma cases Contact us at 646-916-3179 or by email to set up a free consultation. Se habla español.

Why Do NYC Families Trust Paul B. Weitz & Associates, PC, With Their Erb’s Palsy Claims?

Our firm brings over 50 years of trial advocacy in New York courts to every medical malpractice claim. We have recovered over $1 billion for injury victims across our firm’s history. Read more about our proven birth injury verdicts and settlements.

Our legal team is fully bilingual, allowing us to communicate directly with Spanish-speaking families.

Recognized by Super Lawyers for over 20 years and by Best Lawyers in America (2024), attorney Paul B. Weitz leads a trial-ready team that fights for maximum compensation.

Understanding Erb’s Palsy And The Role Of Negligence In Causing It

Erb’s palsy is a paralysis or weakness in the arm caused by physical damage to the brachial plexus nerves during labor and delivery. The brachial plexus is a network of nerves in the neck that sends signals from the spinal cord to the shoulder, arm and hand.

When an obstetrician or delivery room team applies excessive lateral pulling or force to an infant’s head or neck while the shoulders remain trapped in the birth canal, those delicate nerves stretch, tear or detach. This generally constitutes a preventable medical error.

Medical negligence during delivery takes several forms:

• Applying excessive force or lateral traction to the baby’s head and neck during delivery
• Failing to recognize developmental risk factors, such as maternal gestational diabetes or fetal macrosomia
• Improperly executing delivery maneuvers when a baby’s shoulder becomes lodged
• Misusing delivery tools such as forceps or vacuum extractors during a difficult labor

Our attorneys at Paul B. Weitz & Associates, PC, will thoroughly investigate medical records, fetal monitor strips and delivery logs to determine if physician negligence caused your child’s injury.

If you suspect delivery errors caused your child’s nerve damage, we can review the delivery records and give you the answers you need.

How Mismanagement Of Shoulder Dystocia During Delivery Could Factor Into Your Erb’s Palsy Lawsuit

Shoulder dystocia occurs when a baby’s head emerges through the birth canal, but the leading shoulder lodges firmly behind the mother’s pelvic bone.

This situation is a predictable delivery emergency that requires standard, non-violent obstetric maneuvers to free the shoulder safely. Medical errors can occur when an obstetrician fails to anticipate shoulder dystocia or reacts with panic and physical force.

Applying strong downward or sideways pressure on the baby’s head during shoulder dystocia stretches the brachial plexus nerves away from the shoulder. Obstetricians must use established positional techniques, such as the McRoberts maneuver or suprapubic pressure, rather than force.

Applying physical force instead of executing proper standard procedures leads directly to mismanaged shoulder dystocia during delivery and permanent brachial plexus damage.

What Are The Different Types And Severities Of Brachial Plexus Injuries?

Brachial plexus injuries range from temporary nerve stretching to complete nerve severance. The specific type and severity of the nerve damage dictate both the necessary medical treatment and the child’s long-term functional recovery.

Medical professionals classify brachial plexus injuries into four main categories:

1. Neurapraxia: A mild stretching of the nerve that shocks the nerve fibers without tearing them. These injuries often heal on their own within several months.
2. Neuroma: A damage pattern where the nerve stretches and heals, but scar tissue forms around the injured area. Scar tissue presses on healthy nerve fibers and prevents clear signals from reaching the arm muscles.
3. Rupture: A severe injury where the nerve fiber tears apart, but the tear occurs outside the point where the nerve attaches to the spinal cord.
4. Avulsion: The most severe injury type, occurring when the nerve root completely detaches and rips away from the spinal cord.

Ruptures and avulsions do not heal naturally and require specialized surgical intervention, including nerve graft operations, nerve transfers and muscle tendon transfers.

The severity of the nerve injury directly impacts the financial value of a legal claim because more severe cases demand lifelong medical care, adaptive equipment and extensive surgical procedures.

At Paul B. Weitz & Associates, PC, our attorneys can explain how the severity and specific type of brachial plexus injury will influence the compensation calculations in your lawsuit.

Fighting To Recover Maximum Compensation For Your Child’s Erb’s Palsy Treatment And Long-Term Care

Caring for a child with permanent arm paralysis requires substantial financial resources for immediate therapies and ongoing accommodations.

A successful birth injury lawsuit secures funding to cover the full spectrum of your child’s medical and personal needs over their lifetime. In New York, that can include financial compensation for specific economic damages and for non-economic damages:

• Physical therapy and occupational therapy expenses
• Nerve reconstruction surgeries, tendon transfers and physician fees
• Custom adaptive arm braces, splints and specialized mobility equipment
• Loss of future earning capacity if the nerve damage prevents normal employment
• Non-economic damages for physical pain, suffering and emotional distress

Our firm has recovered over $1 billion for New York injury victims. We also assist families in enrolling eligible children into the New York Medical Indemnity Fund (MIF) under Public Health Law Title 4-A. The MIF pays for qualified future healthcare costs for infants who suffer severe neurological birth injuries due to medical malpractice during labor or delivery.

What Is The Deadline To File An Erb’s Palsy Lawsuit Against An NYC Hospital?

New York state enforces strict legal time limits, known as statutes of limitation, for filing medical malpractice claims.

Under state law, parents generally must file a medical malpractice lawsuit for a birth injury within two and a half years from the date of the injury. While infancy delays the deadline, New York law generally limits the extension for infants to no more than 10 years from the date of the injury.

Lawsuits involving private hospitals in New York City, such as NewYork-Presbyterian, Mount Sinai Hospital or NYU Langone Health must follow these standard statutory time limits.

The filing window changes dramatically, however, when a birth injury occurs at a public hospital operated by NYC Health + Hospitals, such as Jacobi Medical Center, Bellevue Hospital Center, Kings County Hospital Center or Elmhurst Hospital Center.

When suing a public municipal hospital, a formal Notice of Claim must generally be served within 90 days of the injury, though court permission for a late Notice of Claim may be requested, and infancy tolls the deadline to file the lawsuit.

Missing these deadlines for suing a public hospital could mean your family is barred permanently from recovering compensation. There are limited exceptions.

You should contact an attorney as soon as possible to ensure your legal team can meet the filing deadline.

Successful Representation In Birth Injury Lawsuits In The New York County Supreme Court

Litigating birth injury medical malpractice claims requires active trial preparation and real courtroom experience. Our firm regularly brings birth injury lawsuits before judges and juries in the New York County Supreme Court – Civil Term in Lower Manhattan.

Hospitals and medical malpractice defense firms employ large legal teams to deny families compensation after delivery errors. Our lawyers prepare every birth injury case for trial presentation from day one. This level of preparation stands our clients in good stead.

We collect hospital records, consult with leading medical experts and get ready to present clear evidence in court to demonstrate how medical negligence caused the injury. We are always ready to go to court – and that puts us in the best position to negotiate.

FAQs About Erb’s Palsy

Here are answers to some questions you may have about Erb’s palsy and medical negligence. We are happy to answer your specific questions in a free consultation.

How do I know if my baby’s Erb’s palsy was caused by medical malpractice during delivery?

You determine whether medical malpractice caused Erb’s palsy by having an experienced attorney obtain your complete labor, delivery and fetal monitoring records, and review them with independent medical experts.

Malpractice occurs when a medical provider deviates from the accepted standard of care by, for example, using improper physical force, pulling excessively on the baby’s head or failing to perform standard maneuvers during delivery complications.

What is the difference between a temporary brachial plexus stretch and permanent Erb’s palsy?

A temporary brachial plexus stretch involves mild nerve irritation (neurapraxia) that typically resolves within weeks or months through physical therapy.

Permanent Erb’s palsy, on the other hand, involves torn nerves (ruptures) or detached nerve roots (avulsions) that create permanent scar tissue, muscle weakness or total paralysis requiring surgery and lifetime management.

Can Erb’s palsy occur in utero, or is it always caused during delivery?

Erb’s palsy occurs during labor and delivery when physical traction and force stretch or tear the brachial plexus nerves.

While defense attorneys for doctors and insurance companies sometimes claim that nerve damage occurs naturally in utero without physical force, the medical evidence overwhelmingly connects brachial plexus trauma to excessive manual pulling during delivery emergencies like shoulder dystocia.

What should I do if the doctor claims my baby’s nerve injury was an ‘unavoidable birth complication’?

Do not accept a doctor or hospital representative’s statement that a birth injury was unavoidable. Obtain a complete copy of your medical records and consult a birth injury lawyer immediately.

Independent medical reviews frequently reveal that improper physical pulling or failure to manage delivery risks caused the nerve injury.

Schedule A Free Consultation With An NYC Erb’s Palsy Attorney

If your child suffered a brachial plexus injury or Erb’s palsy during delivery, contact Paul B. Weitz & Associates, PC. Our team serves families across all five boroughs of New York City and throughout New York state. Se habla español.

Call our New York City office at 646-916-3179 or set up a free consultation online. We will discuss your legal rights, review your delivery records and explain how we can help your family recover the financial resources your child deserves.