Experienced New York Erb’s Palsy Law Firm

Erb’s palsy is a tragic condition that can occur to children during childbirth. At Duffy & Duffy our experienced Erb’s palsy lawyers can help you evaluate your case and determine if you have a cause of action against your doctors, hospital or other medical professionals.

What is Erb’s Palsy? - Duffy & Duffy

Partner Dorothy Renz explains the signs of Erb’s Palsy and how it can affect a child’s life. Erb's Palsy occurs when a newborn's shoulder becomes lodged behind the woman's cervix during the delivery process. When the baby is born, pulling on a child's head puts pressure and stretches the brachial plexus or Erb's point. These nerves control movement of the shoulder, arm, and hand. These nerves are referred to as the "brachial plexus." If a mother experiences difficulty during delivery, it is up to the doctor to take appropriate action and perform a dislodging maneuver to release the shoulder so an injury does not occur. If your child has suffered from Erb’s palsy or another birth injury, we want to hear your story. Our Erb’s palsy attorneys will be able to protect your child’s rights and help them get the compensation they deserve.

Erb's Palsy is a birth injury that involves injury to the brachial plexus. The brachial plexus is the nerve system between the shoulder and the neck. There are various signs that can point to a diagnosis of Erb's Palsy after childbirth. It's important to understand that if your child is not using one of their arms following the delivery or is experiencing unnatural or uncommon pain that really is not resolving, they may be experiencing Erb's Palsy.

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Doctors and hospitals are well equipped to handle birth complications. Unfortunately, when doctors are negligent, a child’s birth injury can occur. There is nothing more difficult for a parent than seeing your child suffer a birth injury, which can have a devastating and life-long impact for both you and your child. What should be one of the best moments in a parent’s life can quickly turn into something tragic due to medical negligence by physicians and hospital staff.

Do I Need an Erb’s Palsy Attorney?

The effects of Erb’s Palsy are devastating, and the costs of caring for your child throughout his or her life can be tremendous. You must take action to secure your child’s financial security. If you wait too long, your claim can be time barred by the applicable Statutes of Limitations.

If your child has suffered a birth injury such as Erb’s palsy, it is important to speak to an Erb’s Palsy attorney from Duffy & Duffy for advice and guidance.

How Is Child Erb’s Palsy Caused?

The brachial plexus injury occurs when a newborn shoulder becomes lodged behind the woman’s cervix during the delivery process. When the baby is born, pulling on a child’s head puts pressure and stretches the brachial plexus or Erb’s point. These nerves control movement of the shoulder, arm and hand. These nerves are referred to as the “brachial plexus.”

If you are experiencing difficulty during delivery, it is up to the doctor to take appropriate action and perform a dislodging maneuver to release the shoulder so injury does not occur.

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There Are Different Types of Erb’s Palsy

Children are affected by this disorder in different ways. Some children will not have any sensation or muscle control in their arm, while others will have difficulty using their hand.

There are four types of nerve injuries with Erb’s palsy:

  • The nerve is torn, but still connect to the spine (rupture);
  • The nerve is torn from the spine (avulsion);
  • The damaged nerve has healed but left scar tissue (neuroma);
  • Localized nerve trauma at the site of the injury (neuropraxia).

Frequently Asked Questions



While most commonly seen in newborn children, some people can get Erb’s palsy when they are older. This is usually the result of some sort of severe injury, which makes it more difficult for the victim to move their arm.



When treated early, Erb’s palsy has about an 80% success rate of being treated. This success rate is closer to 95% if treatment begins within the first few weeks of life.



Most often, physical therapy is used to treat Erb’s Palsy. However, in more extreme cases, some surgical treatments are available, including nerve grafts and nerve transfers.


Can It Be Prevented?

This condition is preventable with proper prenatal care, and appropriate advanced planning by your physician and other medical professionals. There are certain risk factors that can lend themselves to an Erb’s palsy complication, such as a prior delivery of a child with shoulder dystocia, induced labor, larger babies, mothers with a small pelvis, difficult deliveries, or breech presentation. An experienced physician should be well aware of these factors and be prepared for a potential problem.

While these factors lend themselves to shoulder dystocia, proper decision making and planning at the time of birth should protect the child. The delivering doctor should be aware of these risk factors and take preventative measures to avoid this potential birth injury. Their failure to take these actions is the leading cause of Erb’s Palsy.

Our teams of Erb’s palsy attorneys have extensive experience in litigating these types of cases, and it is important to speak with an Erb’s palsy attorney to discuss the circumstances that led to your child’s injury.

How We Can Help

If you suspect that your child has been hurt due to medical malpractice, speak with an Erb’s palsy attorney from our office. The Erb’s palsy attorneys at Duffy and Duffy understand how devastating a birth injury can be. If your child has suffered from Erb’s palsy or other birth injury, we want to hear your story. Our Erb’s palsy attorneys will be able to protect your child’s rights, and help them get the compensation they deserve.

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What Is Erb’s Palsy?

Erb’s Palsy is a type of brachial plexus injury that affects a child’s shoulder and arm. It is classified as the most common of shoulder dystocia injuries. This disorder can lead to partial or complete paralysis of the shoulder, arm and hand. While some children suffer only temporary paralysis of the arm and shoulder, in approximately 20% of the cases the nerves are actually torn from the spine, so that paralysis is permanent.

Causes of Erb’s Palsy

Any pulling and straining of the brachial plexus nerves puts a child at risk for Erb’s palsy. A breech birth can cause the problem as well, because of the position of the baby’s arms. Erb’s palsy attorneys often find that medical malpractice can cause this injury. Importantly, if the physician takes note of this potential problem, there are specific techniques he or she can employ to ensure that this injury does not occur.

Complications Associated with Erb’s Palsy

Thankfully, some Erb’s palsy injuries heal within six to twelve months. In other instances, the intense stretching traumatizes the nerve, potentially causing scar tissue to accumulate at the injury site, affecting healthy nerves. In this situation, recovery is not complete. In extreme cases with the tearing of nerves from the spinal column (avulsion), paralysis and permanent impairment may result.

Why You Need an Experienced Erb’s Palsy Lawyer

Medical malpractice is a highly specialized field. It is important to contact a law firm you can trust. At Duffy & Duffy, we are passionate about helping our clients obtain justice, and receive the compensation they deserve in birth injury cases.

Our law firm understands Erb’s palsy, the pain your family is suffering, and can speak with you and determine if you have a medical malpractice or medical negligence case. If we believe you have a valid case, our experienced Erb’s Palsy attorneys will guide you through the legal process to help you secure the compensation your child deserves.