Erb's Palsy
Erb's Palsy Attorney in New City
Caring Legal Guidance For Your Child’s Birth Injury
An Erb’s palsy diagnosis can leave New City parents balancing therapy schedules, specialist visits, and anxious questions about what happened in the delivery room. These brachial plexus injuries are often linked to shoulder dystocia, excessive traction on the baby’s head or neck, or improper use of forceps or a vacuum. When avoidable mistakes cause lasting weakness or limited motion in a child’s arm, families deserve answers and a plan.
Law Office of David A. Kates, PLLC helps New City and Rockland County families investigate birth injury cases with speed and care. We secure prenatal and delivery records, consult with qualified medical professionals, and assess whether labor and delivery decisions met the standard of care. While you focus on your child’s progress, we handle insurers and build a claim that reflects both current needs and the costs of long-term support.
Concerned about your child’s Erb’s palsy after delivery in New City? Get a free, confidential case review with Law Office of David A. Kates, PLLC today and see what your claim could be worth.
How I Help Families With Erb's Palsy
When a family comes to me about their child’s Erb’s palsy, my first priority is to understand their concerns and to review what happened during pregnancy, labor, and delivery. I personally handle each case from start to finish, so you will speak directly with me about your questions and decisions throughout the matter.
In a typical Erb’s palsy case, I obtain and study prenatal records, labor and delivery notes, fetal monitoring strips, and any neonatal records. I look at whether there were risk factors, such as suspected large baby size or shoulder dystocia, and how the medical team responded. I then consider whether the care appears to have met accepted medical standards under New York law.
As we move forward, I stay focused on explaining complex medical and legal issues in a way that makes sense to you. We talk about how your child’s condition affects daily life and what future needs, such as therapy or procedures, may look like. I have recovered significant compensation for injured patients and families in medical malpractice cases, and I use that experience to work toward results that reflect the impact of a preventable birth injury.
If you are looking for an erbs palsy lawyer in New City, it is important to work with someone who understands both the medicine and the law. During our consultation, I will explain how fees work, what the investigation will involve, and how I stay in touch with you from the first meeting through resolution.
When Erb's Palsy May Involve Negligence
Erb’s palsy occurs when the brachial plexus, the network of nerves near the neck and shoulder, is stretched or injured. Some children improve significantly over time and with therapy, while others live with lasting weakness or limited use of the affected arm. Not every case is the result of negligent care, but some arise from avoidable errors during delivery.
Certain delivery room situations tend to raise questions about whether the medical team acted appropriately. For example, if the baby’s shoulder becomes stuck behind the mother’s pelvic bone, a situation called shoulder dystocia, the team must follow specific maneuvers and safety steps. Pulling too hard on the baby’s head or neck, using excessive traction, or misusing tools can, in some situations, contribute to a brachial plexus injury.
Under New York medical malpractice law, a provider may be held responsible when they fail to act in line with accepted standards and that failure causes harm. Parents in New City often tell me that no one explained what occurred in the delivery room, or that the explanation they received does not fully make sense. Part of my work is to carefully review the records, compare them to applicable standards, and give you an honest assessment of whether negligence may have played a role.
Some signs that may prompt a closer legal review include:
- Unexpected difficulty delivering the baby’s shoulders or mention of shoulder dystocia
- Use of significant pulling, twisting, or instruments during a difficult vaginal delivery
- Immediate floppiness or lack of movement in one arm shortly after birth
- Confusing or inconsistent explanations about how the injury occurred
These points do not automatically mean malpractice occurred, and many situations require full record review before reaching any conclusion. When I look at a potential case, I take into account the unique facts, the timing of symptoms, and the choices made by the medical professionals at key moments in the delivery.
Erb's Palsy Cases In New York
Families in New City often deliver at hospitals in Rockland County or elsewhere in the New York metropolitan area, including facilities run by public entities. New York has specific deadlines for filing medical malpractice and birth injury cases, and matters involving public hospitals or agencies can have even shorter time limits. It is important to speak with a New York attorney promptly so that these deadlines are evaluated correctly.
In an Erb’s palsy case, the legal process generally begins with a careful investigation. I review the records, speak with the family, and, when appropriate, consult with medical professionals about whether the care appears to fall below accepted standards. If the case supports moving forward, a lawsuit may be filed in the appropriate New York court, and the process of gathering additional evidence continues through discovery.
As a Queens-based attorney and native New Yorker, I am familiar with New York procedures and with how courts typically handle medical malpractice matters. This local insight helps me plan the steps of your case in a way that takes into account court expectations as well as your family’s schedule. My goal is to guide you through a process that is as manageable as possible while still protecting your child’s rights.
Parents sometimes worry that pursuing a case will interfere with their child’s medical care or create conflict with current doctors. In many situations, families are able to continue essential treatment while I handle the legal work. I keep you informed about key developments and work with you to respond to requests for information in a way that respects your time and responsibilities at home.
What To Do After An Erb's Palsy Diagnosis
After an Erb’s palsy diagnosis, your attention is understandably on your child’s health, therapy, and day-to-day needs. At the same time, the decisions you make in the months following the diagnosis can affect both medical care and your ability to pursue a legal claim in New York. You do not have to handle those decisions alone.
From a medical standpoint, following up with your child’s pediatrician and any recommended specialists, such as neurologists, orthopedists, or therapists, can help you understand how the injury is progressing. Keeping notes about your child’s therapy, milestones, and any limitations you observe can be helpful later, both for doctors and for any legal review.
Some practical steps you can take as you consider your options include:
- Requesting copies of prenatal, labor, and delivery records when you feel ready
- Keeping all written reports about your child’s diagnosis, therapy, and recommended follow-up
- Writing down what you remember about the labor, who was present, and what you were told at the time
- Saving any bills or statements that reflect medical and therapy costs related to the injury
- Scheduling a free, confidential consultation with a New York medical malpractice attorney to review these materials
When you meet with me, I review the information you have, answer your questions, and explain what further records or steps may be useful. You do not have to have every document before we speak. My role is to help you understand what happened and whether the law may provide a way to seek compensation for your child’s future needs.
Frequently Asked Questions
Is every case of Erb's palsy medical malpractice?
No. Some Erb’s palsy cases occur even when providers act carefully. A full review of the medical records and circumstances is needed to see whether accepted standards were followed. I look at the entire picture and then explain whether the facts support a malpractice claim.
What will it cost to hire you for my child’s case?
I offer free, confidential consultations, and there are no upfront legal fees. In medical malpractice cases, fees are typically contingent on recovery and follow New York rules. During our first meeting, I explain how this works so you know what to expect before deciding.
What information should I gather before our first consultation?
It helps to bring any records you already have, such as hospital discharge summaries, your child’s diagnosis, and therapy reports. A brief written timeline of your pregnancy and delivery is also useful. If you do not have everything, we can still talk and discuss what to request next.
How long do Erb's palsy cases usually take in New York?
The length of a case varies based on factors like court schedules, the number of parties involved, and whether the matter settles or goes to trial. Many medical malpractice cases take several years. I discuss likely timelines with you so you can make informed decisions.
How often will I hear from you about my child’s case?
When I take on a case, I stay personally involved and keep clients updated at important points, such as after major filings or settlement discussions. You can contact my office with questions, and I work to respond promptly so you are not left wondering what is happening.
Talk With A New York Birth Injury Attorney
If you are worried about how your child’s Erb’s palsy occurred and what it may mean for their future, you should not have to search for answers on your own. Speaking with a New York birth injury attorney can help you understand whether medical negligence may have played a role and what legal options might be available.
For more than 20 years, I have represented patients and families in New York medical malpractice cases and have recovered significant compensation for those harmed by substandard care. I offer free, confidential consultations and charge no upfront legal fees. If you have questions for an erbs palsy lawyer in New City, I encourage you to reach out and learn more about your rights and your child’s potential claim.
We can schedule a time that fits your family’s schedule and discuss your concerns in detail. Do not wait to get legal guidance, because New York’s deadlines for birth injury cases can be strict, and it is important to preserve records while they are still available.
To talk with me about your child’s Erb’s palsy case, call (718) 866-3664.
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Millions of Dollars Recovered for Our Clients
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Why Choose Law Office of David A. Kates, PLLC?
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Personalized AttentionDavid will personally handle your case from beginning to end.
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TenacityDavid brings a tenacious and thorough approach to understanding complex medical issues.
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Experience & DedicationDavid has over 20 years of professional legal experience.
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Results DrivenDavid has recovered millions of dollars on behalf of his clients.
David Kates prides himself in getting to the bottom of why a patient was hurt and neglected. Call (718) 866-3664 to discuss your case.