Erb’s Palsy Attorney in New City

Over 20 Years of Personal 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.

At Law Office of David A. Kates, PLLC, I help New City and Rockland County families investigate birth injury cases. I 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, I 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 consultation with me, or call (718) 866-3664 to discuss whether your case warrants investigation.

How I Help Families with Erb’s Palsy

When a family comes to me about their child’s Erb’s palsy, my priority is to understand their concerns and review what happened during pregnancy, labor, and delivery. I personally handle each case from start to finish, so you’ll speak directly with me about your questions and decisions throughout the matter.

In evaluating an Erb’s palsy matter, I obtain and study prenatal records, labor and delivery notes, fetal monitoring strips, and neonatal records. I examine whether risk factors were present, such as a suspected large baby or shoulder dystocia, how the medical team responded at each stage, and whether the care appears to have met accepted medical standards under New York law. Where the medical issues require it, I also consult with qualified medical professionals to assess what the records show.

As your case moves forward, I explain complex medical and legal issues in plain language so you can make informed decisions. I talk with you 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.

During the consultation, I’ll explain how fees work, what the investigation will involve, and how I stay in touch with you from the first conversation through resolution. You can contact my office with questions.

When Erb’s Palsy May Involve Negligence

Erb’s palsy involves injury to the upper portion of the brachial plexus, the network of nerves near the neck and shoulder that carries movement and sensation signals between the spinal cord, shoulder, arm, and hand. Some children improve over time and with physical 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.

Shoulder dystocia occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has delivered. When this happens, the medical team must follow accepted safety maneuvers promptly. Applying excessive traction to the baby’s head or neck, misusing forceps or a vacuum device, or failing to recognize and respond to a difficult delivery can, in some situations, contribute to a neonatal 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. I review the complete delivery record rather than treating any single complication as proof of malpractice. Parents in New City often tell me that no one explained what occurred in the delivery room, or that the explanation they received doesn’t fully make sense. I carefully review the records, compare them with applicable standards of care, and explain whether the evidence indicates that negligence may have played a role.

Some signs that may prompt a closer legal review include:

• Unexpected difficulty delivering the baby’s shoulders or documentation of shoulder dystocia
• Use of significant pulling, twisting, or instruments during a difficult vaginal delivery
• Reduced movement, a limp arm, weakness, or an asymmetric startle response shortly after birth
• Confusing or inconsistent explanations about how the injury occurred

These circumstances don’t automatically mean malpractice occurred. A difficult instrumental delivery or an abnormal newborn examination may justify a legal review, but it doesn’t independently establish negligence. 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 CPLR 214-a generally provides a two-year-and-six-month limitations period for medical malpractice actions, though that period is subject to exceptions. Matters involving public hospitals or government agencies can carry even shorter time limits, and birth injury claims involving minors can involve different deadlines or additional procedural requirements. A family shouldn’t assume that the date of diagnosis alone determines the filing deadline. It’s important to speak with me promptly so I can evaluate the deadlines that may apply to your circumstances.

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. New York law also requires a medical malpractice complaint to include an attorney certificate of merit addressing consultation with a qualified physician. The certificate confirms that the attorney has concluded there is a reasonable basis for the action. If the facts support filing, a lawsuit may be brought in the appropriate New York court, and discovery proceeds from there.

As a native New Yorker with over 20 years of medical malpractice experience, I’m familiar with New York procedures and how courts handle these cases. Because the Rockland County Supreme Court sits in New City, I account for local filing and scheduling procedures when planning your case.

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.

Potential Losses in an Erb’s Palsy Claim

When I evaluate an Erb’s palsy matter, I look carefully at how the injury affects your child’s daily life and what their future needs may look like.

Potential damages in a birth injury claim can involve:

• Past and future medical care
• Physical therapy
• Procedures
• Assistive needs
• Reduced function
• The effect of the injury on your child’s daily activities

Where a parent’s work has been disrupted by the injury and those losses are legally recoverable, that documentation matters too.

I have recovered significant compensation for patients and families in New York medical malpractice cases, and I apply that experience when assessing what a claim should reflect. The available damages depend on the evidence, your child’s condition, applicable law, and the specific facts established in the case. I work to pursue compensation that reflects the full impact of a preventable birth injury when the facts support doing so, and I explain what is realistic for your situation rather than offering promises I can’t back up.

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 don’t 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. Medical care should continue while you consider your legal options.

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 to review these materials with a New York medical malpractice attorney

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 don’t have to have every document before speaking with me. I explain what the available evidence shows and whether the law may provide a way to seek compensation for your child’s future needs.

Frequently Asked Questions

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 the consultation, I explain how this works so you know what to expect before deciding.

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 case settles or goes to trial. I discuss likely timelines with you so you can make informed decisions.

Talk with a New York Birth Injury Attorney

If you’re worried about how your child’s Erb’s palsy occurred and what it may mean for their future, you shouldn’t have to search for answers on your own. Speaking with me 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 Erb’s palsy lawyer in New City, I encourage you to reach out and learn more about your rights and your child’s potential claim.

New York’s deadlines for birth injury cases can be strict, and when a public hospital or government entity is involved, those timelines may be even shorter. Don’t wait to get legal guidance. It’s important to preserve records while they’re still available.

To talk with me about your child’s Erb’s palsy case, call (718) 866-3664.