Brooklyn Erb’s Palsy Attorney

Nearly 75 Years of Combined Experience Fighting for Brooklyn Birth Injury Families

Erb’s palsy is a partial or complete paralysis of the arm caused by injury to the brachial plexus nerve group during delivery. It’s often the result of trauma during the birth process. The most common cause is shoulder dystocia. It occurs when an infant’s shoulder becomes lodged against the mother’s pelvis after the head has already been delivered, placing dangerous pressure on the brachial plexus and disrupting motor development in the arm. When that injury was caused by an obstetrician’s mistake, your family may have a medical malpractice claim.

At Belushin Law Firm, P.C., we handle birth injury claims for Brooklyn families. We offer free consultations, including virtual appointments, and our staff provides assistance in English, Chinese, Russian, Italian, Spanish, and Ukrainian because no family should face language barriers when seeking answers about their child’s injury.

Symptoms of Erb’s Palsy

Symptoms include loss of sensation, muscle weakness or paralysis, and muscle degeneration in the affected arm. Observable signs often include a limp arm, decreased grip strength, and impaired muscular development. Because the injury occurs at or near birth, the child’s arm development is frequently affected alongside motor control. In some children, paralysis resolves within weeks or months. Others require extended physical therapy or surgery, and for many, sensation may improve but never fully return.

What Does Treatment Look Like for Erb’s Palsy?

Treatment ranges from daily range-of-motion physical therapy, occupational therapy, and hydrotherapy to more intensive medical intervention. In some cases, BOTOX injections during the early months of development may support nerve recovery. Severe brachial plexus injuries may require nerve repair or graft surgery, with the best outcomes typically achieved before the child reaches six months of age. The costs can be substantial. A lawsuit may seek to recover past and future medical expenses, rehabilitation costs, specialized equipment, and lost earning capacity, making it essential to document the full scope of treatment from the start.

Who Is Liable for Causing Erb’s Palsy During Childbirth?

Medical malpractice occurs when a doctor or medical professional acts below the accepted standard of care for their profession. During delivery, critical decisions must be made quickly, and Erb’s palsy along with other birth injuries can result when a physician delays or makes the wrong call under pressure.

Delivery errors that may support a birth injury claim include:

• Excessive traction on the infant’s head or neck during shoulder dystocia
• Improper use of forceps or vacuum extractors
• Failure to order a timely C-section when risk factors were known
• Failure to diagnose or manage fetal macrosomia or maternal diabetes
• Failure to apply recognized shoulder dystocia management maneuvers

The doctor, nurses, or hospital may each be named as defendants depending on the facts. If your child suffered a birth injury, speak with our Brooklyn Erb’s palsy attorneys at Belushin Law Firm.

New York Filing Deadlines for Erb’s Palsy Claims

Under New York CPLR § 214-a, medical malpractice claims must generally be filed within 2.5 years of the negligent act. For birth injury claims involving a minor, CPLR § 208 tolls the limitations period during infancy, with a 10-year outer limit running from the date the cause of action accrues. In practice, the claim must ordinarily be filed before the child’s 10th birthday. Parents also hold separate claims for their own losses, and those claims are subject to the standard 2.5-year limit without infant tolling. These deadlines vary with the specific facts of each case, and nothing here constitutes legal advice; consulting an attorney promptly is one way to understand where your family stands.

Beyond the deadline itself, delivery room records, medical charts, and witness recollections deteriorate over time, so early investigation can give any claim a stronger foundation. New York also requires a certificate of merit from a qualified medical professional to accompany or be filed within 90 days of a malpractice complaint under CPLR § 3012-a. We handle these procedural requirements for our clients, and we’re available for a free case evaluation at (888) 918-9890.

Why Brooklyn Families Choose Belushin Law Firm, P.C.

Our attorneys bring nearly 75 years of combined legal experience to every birth injury claim we handle. Brooklyn’s communities are diverse, and so is our team. We serve clients in Chinese, Russian, Italian, Spanish, and Ukrainian in addition to English, so language is not a barrier to understanding your rights or your options.

Attorney Credentials & Recognition

Attorney Vel Belushin has been licensed in New York since 2002, holds a 10.0 Superb rating on Avvo, and has been selected to Super Lawyers from 2017 to 2019 and again from 2021 through 2025. He is a Lifetime Member of the Multi-Million Dollar Advocates Forum and is affiliated with the American Association for Justice and the New York State Trial Lawyers Association. Our firm has recovered millions of dollars for personal injury clients across Brooklyn and the surrounding area.

Contact Our Brooklyn Erb’s Palsy Lawyers Today

A diagnosis of Erb’s palsy changes everything for a family. If you believe a delivery error caused your child’s injury, you don’t have to face the legal process alone. Contact Belushin Law Firm, P.C. for a free, no-obligation consultation to discuss what happened and what your options may be. We’re available for virtual appointments.

Call us at (888) 918-9890 to speak with a Brooklyn Erb’s palsy attorney and take the first step toward understanding your family’s rights.