When expecting parents plan for a safe delivery, the last thing they imagine is their child suffering a preventable birth injury. Unfortunately, mistakes made by doctors, nurses, or hospitals during labor and delivery can lead to lifelong consequences. Two of the most devastating conditions that result from medical negligence are Cerebral Palsy and Erb’s Palsy.
If your child has been diagnosed with either of these conditions and you suspect malpractice played a role, you are not alone. Families across New York City have turned to The Cochran Firm for guidance and justice. Call us today at (212) 553-9215 or visit CochranFirmNY.com for immediate help.
What Is Cerebral Palsy?
Cerebral Palsy (CP) is a group of disorders that affect movement, muscle tone, and posture. It is caused by damage to the developing brain, often before or during birth. According to Wikipedia, cerebral palsy is the most common motor disability in childhood.
While not all cases of CP are due to malpractice, many are linked to medical negligence such as:
- Failure to monitor fetal distress during labor.
- Delayed C-section when the baby is in danger.
- Improper use of forceps or vacuum extractors.
- Untreated infections during pregnancy.
- Failure to address oxygen deprivation (hypoxia).
When healthcare professionals fail to act within the accepted standard of care, a child may be left with permanent brain injury leading to CP.
👉 If your child’s CP diagnosis could have been prevented, contact our attorneys for a free consultation.
What Is Erb’s Palsy?
Erb’s Palsy, also called Erb–Duchenne palsy, is a type of brachial plexus injury that causes weakness or paralysis in an infant’s arm. The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand.
According to Wikipedia, Erb’s Palsy is most often caused by excessive pulling or stretching of an infant’s head and shoulders during birth. Common causes include:
- Improper use of forceps or vacuum extractors.
- Shoulder dystocia (when the baby’s shoulder gets stuck during delivery).
- Excessive pulling on the infant’s head or neck.
- Failure to recognize risk factors that required a timely C-section.
The result can be partial or complete paralysis of the affected arm. In some cases, nerve damage may heal, but in severe cases, the disability is permanent.
No parent should have to endure this when it could have been prevented by proper medical care.
Malpractice and Birth Injuries in NYC
In New York, medical professionals are required to provide a reasonable standard of care. When they deviate from this standard and harm results, it may constitute malpractice.
Examples of negligence that cause cerebral or Erb’s palsy include:
- Failing to monitor fetal heart rate.
- Ignoring maternal conditions like preeclampsia or gestational diabetes.
- Improper handling of labor complications such as breech presentation.
- Using delivery tools (forceps/vacuums) improperly.
- Failing to perform an emergency C-section.
Families dealing with birth injuries often face lifelong expenses: therapy, medical devices, surgeries, and special education needs. A malpractice claim can help secure compensation for these costs and provide justice for your child.
Signs of Cerebral Palsy and Erb’s Palsy
Recognizing symptoms early is critical for treatment and legal action:
Signs of Cerebral Palsy:
- Developmental delays (not crawling or walking on time).
- Poor coordination or balance.
- Stiff or floppy muscles.
- Seizures or vision/hearing problems.
Signs of Erb’s Palsy:
- Weakness in one arm.
- Lack of movement or grip in hand.
- Arm bent at the elbow and held against the body.
- Absence of reflexes in the affected arm.
If your child exhibits these symptoms, consult both a medical professional and an experienced malpractice attorney immediately.
Why Legal Help Is Critical
Birth injury malpractice cases are complex. Hospitals and insurers often deny responsibility, making it difficult for families to get answers. An experienced firm like The Cochran Firm can:
- Investigate medical records.
- Consult medical experts.
- Identify deviations from the standard of care.
- Pursue compensation for lifelong medical costs, pain, and suffering.
Our attorneys are nationally recognized for standing up against powerful institutions. Learn more about our team at CochranFirmNY.com/attorneys.
Compensation for Cerebral and Erb’s Palsy Malpractice
A successful malpractice claim may recover damages such as:
- Past and future medical expenses.
- Rehabilitation and therapy costs.
- Special education needs.
- Pain and suffering.
- Loss of future earnings capacity.
In some cases, punitive damages may also be awarded if negligence was particularly reckless.
👉 To find out what your case may be worth, call The Cochran Firm at (212) 553-9215 today.
Notable Cases and Precedent
New York has seen several high-profile birth injury cases where families secured justice after malpractice:
- In one case, a jury awarded millions of dollars to a child with cerebral palsy caused by delayed C-section.
- Families of children with Erb’s Palsy have won significant verdicts when improper force was used during delivery.
These outcomes demonstrate that courts take such negligence seriously—but only when victims and their families fight back.
Filing a Malpractice Claim in NYC
To bring a malpractice claim in New York, you generally must:
- File within the statute of limitations (2 years and 6 months from the date of malpractice, with some exceptions for minors).
- Prove that the provider owed a duty of care.
- Show that they breached that duty.
- Demonstrate that the breach caused your child’s condition.
- Establish damages (medical costs, suffering, etc.).
This process is complex, but with experienced legal representation, families can navigate it successfully.
How The Cochran Firm Helps Families
At The Cochran Firm, we know the heartbreak families experience when preventable birth injuries occur. We work tirelessly to:
- Investigate the medical evidence.
- Build strong cases with expert witnesses.
- Fight for maximum compensation in negotiations and trial.
- Support families with compassion throughout the legal process.
We have decades of experience fighting for families in NYC and nationwide. See more about our mission and attorneys at CochranFirmNY.com.
Call Us Today
If your child has been diagnosed with Cerebral Palsy or Erb’s Palsy and you believe malpractice may be the cause, don’t wait. Evidence can disappear and legal deadlines are strict.
📞 Call The Cochran Firm today at (212) 553-9215 for a free and confidential consultation. You can also learn more at CochranFirmNY.com or explore our team of attorneys at CochranFirmNY.com/attorneys.
Final Word
Cerebral and Erb’s Palsy are life-changing conditions that no family should have to face due to medical negligence. With the right legal representation, you can hold those responsible accountable and secure the resources your child needs for a brighter future.
👉 The Cochran Firm is here to fight for your family. Call us now at (212) 553-9215.
