Key Takeaways
- Erb’s palsy affects 0.9 to 2.6 per 1,000 births and results from injury to the C5-C6 nerves in the brachial plexus during delivery
- 80-90% of cases recover fully with early treatment, but 10% may have lasting complications requiring surgery or long-term therapy
- Medical negligence during shoulder dystocia, excessive traction, or improper use of delivery instruments often causes preventable Erb’s palsy injuries
- New York families have up to 10 years from the child’s birth to file medical malpractice claims under CPLR § 208
- Settlements range from hundreds of thousands to millions of dollars, with the average payout around $1 million for infant medical malpractice cases
When a newborn suffers an Erb’s palsy birth injury, families face not only medical challenges but also difficult questions about what went wrong during delivery. This comprehensive guide explains the causes, symptoms, treatment options, and legal rights available to New York families affected by brachial plexus injuries.
What Is Erb’s Palsy?
Erb’s palsy, also known as Erb-Duchenne paralysis, is a paralysis of the arm caused by injury to the upper group of nerves in the brachial plexus during childbirth. The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand.
Medical Definition: Erb’s palsy specifically affects the C5 and C6 cervical nerve roots, which form the upper trunk of the brachial plexus. This injury accounts for 40-50% of all obstetric brachial plexus palsy cases. [Source: StatPearls, NCBI, 2024]
Brachial Plexus Anatomy
The brachial plexus consists of nerve roots from the cervical spine (C5-C8) and the first thoracic vertebra (T1). These nerves branch out to control:
- C5-C6 nerves (Erb’s point): Control shoulder movement, elbow flexion, and arm rotation
- C7 nerve: Controls wrist extension and elbow extension
- C8-T1 nerves (lower plexus): Control hand and finger movements
When the upper trunk (C5-C6) is damaged during delivery, the result is Erb’s palsy. More extensive injuries involving additional nerve roots lead to more severe forms of brachial plexus palsy.
How Common Is Erb’s Palsy?
Incidence rate in the United States
Erb’s palsy births per year in the U.S.
Proportion that are Erb’s palsy cases
Source: Cerebral Palsy Guide, 2024; NCBI StatPearls, 2024
Causes of Erb’s Palsy Birth Injuries
Erb’s palsy occurs when excessive force or improper handling during delivery stretches, tears, or damages the brachial plexus nerves. While some risk factors exist, many cases result from preventable medical negligence.
Primary Medical Causes
| Cause | How It Happens | Prevention |
|---|---|---|
| Shoulder Dystocia | Baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery | Proper McRoberts maneuver, suprapubic pressure, or emergency C-section |
| Excessive Traction | Medical staff pulls too hard on the baby’s head or neck to expedite delivery | Controlled, gentle delivery techniques following clinical protocols |
| Improper Instrument Use | Forceps or vacuum extractors applied with excessive force or incorrect positioning | Proper training, avoiding unnecessary instrument use |
| Delayed C-Section | Failure to perform C-section when complications indicate it’s necessary | Continuous fetal monitoring and timely surgical intervention |
| Breech Delivery | Baby delivered feet-first without proper protocols, causing nerve damage | Planned C-section for breech presentations when appropriate |
Source: Compiled from NCBI medical literature and birth injury research, 2024
Shoulder Dystocia and Erb’s Palsy
Shoulder dystocia is the most common scenario leading to Erb’s palsy. When a baby’s shoulder becomes trapped behind the mother’s pubic bone, medical staff must act quickly but carefully. Excessive lateral traction on the baby’s head can stretch the brachial plexus nerves beyond their limits.
Critical Statistic: When shoulder dystocia occurs, the risk of brachial plexus injury increases to 18.3-32%. However, babies with shoulder dystocia are over 100 times more likely to experience brachial plexus injuries compared to normal deliveries. Proper management can prevent most of these injuries. [Source: Childbirth Injuries Statistics, 2024]
Risk Factors vs. Medical Negligence
It’s important to distinguish between unavoidable risk factors and preventable medical errors:
Risk Factors (Not Negligence)
- Maternal diabetes
- High birth weight (macrosomia)
- Prolonged labor
- Maternal obesity
- Previous shoulder dystocia
- Small maternal pelvis
Potential Medical Negligence
- Ignoring risk factors during delivery planning
- Excessive force during delivery
- Improper shoulder dystocia management
- Failure to perform timely C-section
- Inadequate staff training
- Poor communication among medical team
The presence of risk factors doesn’t excuse negligent delivery practices. Medical professionals have a duty to recognize high-risk situations and take appropriate precautions.
Symptoms and Signs of Erb’s Palsy
Erb’s palsy symptoms typically appear immediately after birth, though the full extent of the injury may not be apparent for several weeks. Parents and medical staff should watch for these characteristic signs.
The “Waiter’s Tip” Posture
The classic presentation of Erb’s palsy is called the “waiter’s tip hand” position, characterized by:
- Arm hangs limply at the side with internal rotation
- Shoulder adducted (held close to the body)
- Elbow extended and unable to flex
- Forearm pronated (palm facing backward or outward)
- Wrist and fingers flexed (curled inward)
Why “Waiter’s Tip”? The affected arm resembles a waiter’s hand positioned behind their back to receive a tip—hence the name. This distinctive posture results from paralysis of the deltoid, biceps, and brachialis muscles controlled by the C5-C6 nerves. [Source: NCBI StatPearls, 2024]
Symptoms by Severity
| Severity Level | Symptoms | Recovery Expectation |
|---|---|---|
| Mild (Neuropraxia) | Temporary weakness, reduced movement, normal grasp reflex present | 80-90% full recovery within 3-6 months without surgery |
| Moderate (Axonotmesis) | Significant weakness, limited range of motion, partial sensory loss | Variable recovery over 6-12 months with intensive physical therapy |
| Severe (Neurotmesis) | Complete paralysis, no movement, absent reflexes, possible Horner’s syndrome | Surgery required; 6-12+ months post-surgery for improvement |
Source: Childbirth Injuries Treatment Statistics, 2024
Additional Clinical Signs
Healthcare providers may observe these diagnostic indicators:
- Absent Moro reflex on the affected side (the “startle” reflex where babies extend arms)
- Present grasp reflex (distinguishes Erb’s palsy from lower plexus injuries like Klumpke’s palsy)
- Sensory loss on the lateral aspect of the upper arm
- Asymmetric arm movement during spontaneous activity
- Muscle atrophy in the shoulder and upper arm (develops over time if untreated)
Diagnosis of Erb’s Palsy
Diagnosing Erb’s palsy involves clinical examination and advanced imaging to determine the extent and location of nerve damage. Early, accurate diagnosis is crucial for timely treatment.
Diagnostic Methods
Clinical Examination
What it involves: Physical assessment of arm movement, muscle strength, reflexes, and sensory response.
When it’s done: Immediately after birth and at follow-up appointments.
What it reveals: Identifies affected nerve roots and severity of paralysis.
MRI (Magnetic Resonance Imaging)
What it involves: Advanced imaging of the brachial plexus and surrounding tissues.
When it’s done: Usually within first few weeks if injury suspected.
What it reveals: Gold standard for visualizing nerve damage, tears, or avulsions.
EMG/NCS (Electromyography/Nerve Conduction Studies)
What it involves: Measures electrical activity in muscles and nerve signal transmission.
When it’s done: Typically at 3-4 weeks of age.
What it reveals: Determines which nerves are damaged and severity of injury.
X-Ray
What it involves: Radiographic imaging of shoulder, clavicle, and arm bones.
When it’s done: After birth if physical trauma suspected.
What it reveals: Excludes associated fractures or skeletal injuries.
Source: NCBI StatPearls Diagnostic Protocols, 2024
Differential Diagnosis
Healthcare providers must rule out other conditions that may present similarly:
- Clavicle fracture: Can cause similar arm weakness but shows on X-ray
- Klumpke’s palsy: Affects lower brachial plexus (C8-T1), causing hand paralysis
- Total brachial plexus palsy: Involves all nerve roots (C5-T1) with complete arm paralysis
- Cerebral palsy: Brain injury causing different movement patterns
Treatment Options for Erb’s Palsy
Treatment for Erb’s palsy depends on the severity of the nerve injury. Early intervention significantly improves outcomes, with 80-90% of mild to moderate cases recovering fully with conservative treatment.
Non-Surgical Treatments
Physical Therapy (First-Line Treatment)
Physical therapy is the cornerstone of Erb’s palsy treatment and should begin as early as three weeks of age. Therapy focuses on:
- Passive range-of-motion exercises: Parents learn gentle stretches to prevent joint stiffness and muscle contractures
- Active exercises: As the child grows, age-appropriate activities encourage voluntary movement
- Strengthening exercises: Build muscle strength in affected arm and shoulder
- Sensory stimulation: Promote nerve recovery through tactile activities
Treatment Success Rate: Physical therapy alone achieves 75% visible improvement within six months for mild to moderate injuries. Up to 80% of cases treated with therapy recover fully without surgery. [Source: Childbirth Injuries Treatment Statistics, 2024]
Occupational Therapy
Occupational therapists work with children and families to:
- Develop fine motor skills for age-appropriate tasks
- Adapt activities to accommodate arm limitations
- Recommend adaptive equipment if needed
- Support developmental milestones
Hydrotherapy
Water-based therapy provides an anti-gravity environment that reduces stress on the musculoskeletal system while allowing gentle movement and exercise.
Botulinum Toxin Injections
In some cases, Botox injections may help reduce muscle stiffness and improve range of motion, particularly when muscle imbalances develop.
Surgical Treatments
Surgery becomes necessary when conservative treatment fails to show improvement after 3-6 months, or when severe nerve damage is confirmed on imaging. Surgical intervention is most effective when performed within the first 6-9 months of life.
Types of Surgical Procedures
| Procedure | What It Involves | When It’s Used |
|---|---|---|
| Nerve Graft | Surgeon removes damaged nerve section and replaces it with healthy nerve tissue from another part of the body (often the leg) | When nerve is completely ruptured but not avulsed from spinal cord |
| Nerve Transfer | Healthy nerve from nearby muscle is connected to the damaged nerve to restore function | When nerve is severely damaged or avulsed; provides alternative pathway for nerve signals |
| Nerve Decompression | Removes scar tissue or releases pressure on compressed nerves | When nerve is compressed but not torn |
| Tendon Transfer | Repositions functional tendons to compensate for paralyzed muscles | Older children with permanent paralysis; improves function and appearance |
Source: Childbirth Injuries Surgical Treatment Guide, 2024
Surgical Recovery Process
After surgery:
- Hospital stay: 2-4 days for monitoring and pain management
- Immobilization: Arm protected with bandage, sling, or shoulder cast for 4-6 weeks
- Physical therapy: Resumes gradually to retrain muscles and improve range of motion
- Nerve regrowth: Takes months to years as nerves heal slowly (approximately 1 inch per month)
- Follow-up care: Regular assessments to monitor progress
Surgical Success Rate: Surgery improves function in 60-80% of severe cases. Early nerve grafts or transfers performed within the first 6 months of life can restore significant arm function in many cases. [Source: Childbirth Injuries Surgery Statistics, 2024]
Prognosis and Recovery
The outlook for children with Erb’s palsy varies significantly based on injury severity and timing of treatment. Understanding recovery expectations helps families plan for their child’s care.
Recovery Rates by Treatment Type
Full recovery with physical therapy alone (3-6 months)
Functional improvement after nerve surgery (6-12+ months)
Permanent dysfunction requiring long-term therapy and support
Source: NCBI StatPearls Prognosis Data, 2024; Childbirth Injuries Statistics, 2024
Factors Affecting Recovery
| Factor | Impact on Recovery |
|---|---|
| Timing of Treatment | Starting therapy within first 4 weeks dramatically improves outcomes; nearly 100% recovery possible |
| Severity of Nerve Damage | Neuropraxia (mild stretching) heals fastest; neurotmesis (complete tear) requires surgery |
| Number of Nerves Involved | C5-C6 only (classic Erb’s) has better prognosis than extended palsy (C5-C7) or total plexus injury |
| Consistency of Therapy | Daily home exercises plus regular therapy sessions produce best results |
| Age at Surgery (if needed) | Surgery before 6-9 months of age has highest success rate |
Long-Term Outcomes
For children who experience full or near-full recovery:
- Normal or near-normal arm function by age 2-3
- Ability to participate in age-appropriate activities
- Minimal to no visible difference between arms
- No significant impact on quality of life
For children with permanent limitations:
- Adaptive strategies for daily activities
- Possible slight size difference between arms (affected arm may be slightly smaller)
- Ongoing physical therapy through childhood
- Adaptive equipment or assistive devices as needed
- Potential psychological support to address body image concerns
Important Note: Even with permanent limitations, many children with Erb’s palsy lead active, fulfilling lives. Early intervention, consistent therapy, and family support make a significant difference in outcomes. [Source: NCBI Rehabilitation Literature Review, 2024]
Legal Rights for New York Families
When Erb’s palsy results from medical negligence during delivery, families have legal rights to seek compensation for their child’s injuries, medical expenses, and ongoing care needs. Understanding New York’s medical malpractice laws is crucial for protecting these rights.
When Is Erb’s Palsy Medical Malpractice?
Not all cases of Erb’s palsy constitute medical malpractice. To establish a valid claim, families must prove four elements:
1. Duty of Care
The healthcare provider had a doctor-patient relationship with the mother and unborn child, creating a legal duty to provide appropriate medical care.
2. Breach of Standard of Care
The provider failed to meet the accepted standard of medical care that a competent physician would have provided under similar circumstances.
3. Causation
The provider’s negligence directly caused the brachial plexus injury—not unavoidable complications or pre-existing conditions.
4. Damages
The child suffered quantifiable harm, including medical expenses, pain and suffering, and future care needs resulting from the injury.
Examples of Potential Negligence
Common scenarios that may constitute medical malpractice include:
- Ignoring risk factors: Failing to plan C-section despite known macrosomia, maternal diabetes, or previous shoulder dystocia
- Excessive traction: Pulling the baby’s head with force exceeding accepted protocols during shoulder dystocia
- Improper maneuvers: Using incorrect techniques to resolve shoulder dystocia
- Delayed C-section: Continuing vaginal delivery despite clear signs of complications
- Instrument misuse: Applying forceps or vacuum with excessive force or at wrong angles
- Poor documentation: Failing to properly monitor or document delivery complications
New York Statute of Limitations
New York has specific time limits for filing medical malpractice lawsuits involving birth injuries. Under CPLR § 214-a and CPLR § 208, families must understand both the general rule and important exceptions.
| Type of Case | Time Limit | Key Details |
|---|---|---|
| Adult Medical Malpractice | 2 years and 6 months from date of malpractice or last treatment | Standard deadline for most medical malpractice cases |
| Birth Injury (Infancy Toll) | Up to 10 years from child’s date of birth | CPLR § 208 provides extended deadline for minors; claim must be filed before child turns 10 |
| Discovery of Later Injury | Up to 13 years if injury not apparent until age 3 | Some birth injuries may not manifest until child is older; adds time to discovery date |
Source: New York CPLR § 214-a and § 208, 2024
Critical Warning: While New York provides up to 10 years for birth injury claims, waiting too long can make cases harder to prove. Evidence may be lost, witnesses’ memories fade, and medical records become harder to obtain. Families should consult with attorneys as soon as they suspect medical negligence. [Source: New York Court Help, Statute of Limitations Chart, 2024]
Types of Compensation Available
Successful Erb’s palsy medical malpractice claims can recover compensation for both economic and non-economic damages:
Economic Damages
- Past and future medical expenses: Surgery, physical therapy, occupational therapy, medications
- Adaptive equipment: Mobility aids, assistive devices, home modifications
- Special education costs: If the child requires educational accommodations
- Lost parental income: Time missed from work to care for injured child
- Lifetime care costs: If permanent disability requires ongoing support
Non-Economic Damages
- Pain and suffering: Physical pain from injury and treatments
- Loss of quality of life: Limitations on activities and experiences
- Emotional distress: Psychological impact on child and family
- Disfigurement or permanent impairment: If visible or functional limitations persist
Erb’s Palsy Settlement Amounts
Settlement values vary widely based on injury severity, long-term prognosis, and strength of evidence. Understanding typical ranges helps families set realistic expectations.
Average Settlement
$1 Million
Average medical malpractice payout for children under one month old
Source: Cerebral Palsy Guide Settlement Data, 2024
Settlement Range
$750K – $5M+
Typical range depending on severity, permanence, and case-specific factors
Source: Sokolove Law Birth Injury Settlements, 2024
Notable Erb’s Palsy Settlement Examples
- $18 million verdict (Bronx, NY): Case involving brain damage alongside Erb’s palsy
- $5 million (Connecticut): Severe permanent brachial plexus injury
- $3+ million (New York, 2020): Shoulder dystocia mismanagement
- $2.75 million (Pennsylvania): Improper forceps use causing nerve damage
- $2+ million (North Carolina): Delayed C-section leading to permanent injury
- $1.5 million (South Carolina): Excessive traction during delivery
- $750,000 (Washington, D.C.): Moderate Erb’s palsy with partial recovery
Source: Cerebral Palsy Guide Settlement Database, 2024; Sokolove Law Case Results
Factors Affecting Settlement Value
| Factor | Impact on Value |
|---|---|
| Severity of Injury | Permanent paralysis commands higher compensation than temporary weakness |
| Lifetime Care Needs | Cases requiring ongoing therapy, surgery, or assistive devices receive more |
| Strength of Evidence | Clear documentation of negligence and causation increases settlement amounts |
| Impact on Quality of Life | Limitations on activities, sports, career choices affect compensation |
| Economic Damages | Documented medical bills and projected future costs drive settlement floor |
| Defendant’s Insurance Limits | Available coverage may cap settlement even when damages exceed policy limits |
The Legal Process
Understanding the typical timeline helps families prepare for what lies ahead:
- Free consultation (Week 1): Meet with birth injury attorney to discuss case details
- Case investigation (Months 1-3): Attorney obtains medical records, consults experts
- Certificate of merit (Before filing): Medical expert confirms negligence occurred
- Filing lawsuit (Month 3-6): Complaint filed in appropriate New York court
- Discovery phase (Months 6-18): Both sides exchange evidence, conduct depositions
- Settlement negotiations (Months 12-24): Attempts to resolve case without trial
- Trial (if necessary): Present case to judge/jury for verdict (1-2 weeks)
- Resolution: Settlement or verdict determines compensation
No Upfront Costs: Birth injury attorneys typically work on a contingency fee basis, meaning families pay nothing unless they win the case. Attorney fees come from the settlement or verdict, making legal representation accessible regardless of financial circumstances. [Source: Standard legal practice for medical malpractice cases]
Preventing Erb’s Palsy Birth Injuries
While not all brachial plexus injuries are preventable, many cases of Erb’s palsy could be avoided through proper prenatal care, delivery planning, and skilled medical management of complications.
Prenatal Prevention Strategies
- Identify high-risk pregnancies: Screen for maternal diabetes, large baby size, and previous difficult deliveries
- Manage maternal conditions: Control gestational diabetes to reduce excessive fetal growth
- Regular ultrasounds: Monitor fetal size and position throughout pregnancy
- Discuss delivery options: Consider planned C-section when multiple risk factors present
- Patient education: Inform mothers about shoulder dystocia risks and warning signs
Delivery Room Best Practices
| Scenario | Proper Medical Response |
|---|---|
| Shoulder Dystocia Occurs | Call for help, perform McRoberts maneuver, apply suprapubic pressure (NOT fundal pressure), consider episiotomy or emergency C-section |
| Large Baby Suspected | Have experienced staff present, prepare emergency protocols, consider C-section if estimated weight >4,500g (9.9 lbs) |
| Prolonged Labor | Continuous fetal monitoring, timely decision for intervention, avoid exhausting mother |
| Breech Presentation | Attempt external cephalic version or schedule C-section rather than vaginal breech delivery |
| Previous Shoulder Dystocia | Heightened awareness, extra precautions, low threshold for C-section |
Prevention Statistics: Proper management of high birth weight reduces Erb’s palsy risk by nearly 10 times. Appropriate C-sections for high-risk pregnancies reduce the risk by over 90%. These statistics demonstrate that many Erb’s palsy cases are indeed preventable with proper medical care. [Source: Childbirth Injuries Prevention Statistics, 2024]
Living with Erb’s Palsy: Support and Resources
Families raising children with Erb’s palsy benefit from comprehensive support systems, educational resources, and connections with other affected families.
Medical Support
- Pediatric neurologists: Specialize in nerve injuries and recovery monitoring
- Physical therapists: Provide ongoing therapy and home exercise programs
- Occupational therapists: Help with developmental milestones and daily activities
- Orthopedic surgeons: Evaluate surgical options if needed
- Pain management specialists: Address chronic pain if it develops
Educational Accommodations
Children with Erb’s palsy may qualify for school support services:
- 504 Plan or IEP: Formal accommodations for physical limitations
- Physical therapy at school: Continued therapy during school day
- Adaptive physical education: Modified activities and sports
- Assistive technology: Devices to help with writing, typing, and other tasks
National Organizations and Resources
- United Brachial Plexus Network (UBPN): Support, education, and family connections
- Brachial Plexus Palsy Foundation: Research funding and family support programs
- National Institute of Neurological Disorders and Stroke (NINDS): Research updates and medical information
- Local support groups: Connect with families in your area facing similar challenges
Frequently Asked Questions About Erb’s Palsy
How long does it take for Erb’s palsy to heal?
Recovery time varies by severity. Mild cases (neuropraxia) often heal within 3-6 months with physical therapy. Moderate injuries may take 6-12 months to recover. Severe cases requiring surgery need 12-24+ months, as nerves regrow slowly at about 1 inch per month. About 80-90% of children recover fully within the first year if treatment begins early.
Can Erb’s palsy be detected during pregnancy?
No, Erb’s palsy cannot be detected before birth because it results from nerve injury during delivery. However, risk factors like maternal diabetes, large baby size (macrosomia), and breech position can be identified through ultrasound and prenatal testing, allowing doctors to plan safer delivery methods.
Is Erb’s palsy the same as cerebral palsy?
No, these are different conditions. Erb’s palsy is a peripheral nerve injury affecting the brachial plexus in the shoulder and arm, caused by physical trauma during birth. Cerebral palsy is a brain injury affecting movement and posture throughout the body, caused by oxygen deprivation or brain damage. They have different causes, symptoms, and treatments.
Will my child need surgery for Erb’s palsy?
Not necessarily. About 80-90% of children recover with physical therapy alone and never require surgery. Surgery is typically considered if there’s no improvement after 3-6 months of consistent therapy, or if imaging shows severe nerve damage. The decision depends on injury severity, response to therapy, and medical recommendations.
How much does Erb’s palsy treatment cost?
Treatment costs vary widely. Physical therapy alone may cost $5,000-$15,000 over several months. Surgery, when needed, can cost $50,000-$150,000 including hospital stay, surgeon fees, and follow-up care. Long-term therapy and adaptive equipment add ongoing expenses. Medical malpractice settlements help cover these costs when negligence caused the injury.
Can Erb’s palsy happen in a C-section delivery?
It’s extremely rare but theoretically possible if excessive traction is applied during C-section. However, the vast majority of Erb’s palsy cases occur during vaginal deliveries, particularly when shoulder dystocia occurs. C-sections actually prevent most brachial plexus injuries by avoiding the need to maneuver the baby through the birth canal.
What is the difference between Erb’s palsy and Klumpke’s palsy?
Erb’s palsy affects the upper brachial plexus (C5-C6 nerves), causing shoulder and elbow weakness with a characteristic “waiter’s tip” hand position. Klumpke’s palsy affects the lower brachial plexus (C8-T1 nerves), causing hand and finger paralysis with preserved shoulder and elbow function. Erb’s palsy is much more common (45-50% of cases) while Klumpke’s is rare (less than 1%).
Does Erb’s palsy cause pain in babies?
Initially, newborns with Erb’s palsy typically don’t show obvious signs of pain, though the injury itself is traumatic. As children grow, some may experience discomfort during physical therapy stretches or when the arm is moved. Chronic pain is uncommon but can develop if nerve damage persists or if muscle contractures form from lack of movement.
Can physical therapy alone cure severe Erb’s palsy?
It depends on the type of nerve injury. Neuropraxia (nerve stretching) and axonotmesis (axon damage) often respond well to physical therapy alone. However, neurotmesis (complete nerve tear or avulsion) typically requires surgical repair because the nerve cannot regenerate across a complete gap. Imaging tests and clinical assessments determine whether surgery is necessary.
How do I know if my child’s Erb’s palsy was caused by medical negligence?
Signs of potential negligence include: failure to identify risk factors during pregnancy, excessive force used during delivery, improper management of shoulder dystocia, delayed decision for C-section despite complications, or misuse of forceps/vacuum extractors. A birth injury attorney can review your medical records and consult with medical experts to determine if negligence occurred.
How long do I have to file an Erb’s palsy lawsuit in New York?
Under New York law (CPLR § 208), birth injury cases have up to 10 years from the child’s date of birth to file a medical malpractice lawsuit. However, don’t wait—evidence preservation and witness memories are stronger when cases are filed sooner. Consult with a birth injury attorney as soon as you suspect medical negligence.
Will my child be able to play sports with Erb’s palsy?
It depends on recovery. Children who achieve full or near-full recovery (80-90% of cases) can participate in most sports and activities. Those with permanent limitations may need adaptive techniques or modifications, but many still enjoy sports like swimming, soccer, running, and martial arts. Physical and occupational therapists can recommend appropriate activities.
Conclusion: Understanding Your Family’s Rights and Options
Erb’s palsy is a serious birth injury that affects thousands of families each year. While many children recover fully with early treatment, the journey can be challenging, expensive, and emotionally draining—especially when the injury resulted from preventable medical negligence.
If your child was diagnosed with Erb’s palsy following a difficult delivery, understanding your medical and legal options is essential:
- Start treatment immediately: Early physical therapy dramatically improves outcomes
- Document everything: Keep records of all medical appointments, therapy sessions, and expenses
- Obtain medical records: Request complete delivery and prenatal care records
- Consult legal experts: Have experienced birth injury attorneys review your case for potential negligence
- Know your timeline: New York provides up to 10 years to file, but earlier is better
Connect with Qualified New York Birth Injury Attorneys
If medical negligence caused your child’s Erb’s palsy, you may be entitled to compensation for medical expenses, therapy costs, and your child’s pain and suffering.
Free consultation • No obligation • Contingency fee basis
Sources and References
- StatPearls – Erb Palsy. NCBI Bookshelf. Updated 2024. Available at: https://www.ncbi.nlm.nih.gov/books/NBK513260/
- Cerebral Palsy Guide. Erb’s Palsy Statistics. 2024. Available at: https://www.cerebralpalsyguide.com/birth-injury/erbs-palsy/statistics/
- Childbirth Injuries. Erb’s Palsy Statistics. 2024. Available at: https://www.childbirthinjuries.com/erbs-palsy/statistics/
- Sokolove Law. Erb’s Palsy Settlements. 2024. Available at: https://www.sokolovelaw.com/birth-injuries/erbs-palsy/settlements/
- New York CPLR § 214-a. Medical Malpractice Statute of Limitations. 2024. Available at: https://law.justia.com/codes/new-york/cvp/article-2/214-a/
- National Institute of Neurological Disorders and Stroke. Brachial Plexus Injury. NIH. 2024.
- Rehabilitation of Neonatal Brachial Plexus Palsy: Integrative Literature Review. PMC. 2024. Available at: https://pmc.ncbi.nlm.nih.gov/articles/PMC6679188/
