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Erb’s Palsy

New York Erb’s Palsy Representation

Has your newborn suffered nerve damage or injury to his or her shoulder because of carelessness or negligence by a medical professional during delivery?

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NYC Medical Malpractice Lawyer

We Aggressively Fight For The Rights Of Our Clients

Has your newborn suffered nerve damage or injury to his or her shoulder because of carelessness or negligence during delivery? Does your child have one arm that’s clearly not developing at the same rate as the other limb? There’s a good chance your child suffers from Erb’s or Duchenne palsy, a condition caused by damage to nerves during delivery…and it’s also likely that the injuries could have been avoided through the exercise of reasonable care.

Recent Case Results

More Than 30 Years Of Fighting Cases In The Courts

Construction Accidents $9.9 Million Settlement for worker injured during building construction
Construction Accident $7.5 Million Verdict for construction worker injured in fall from scaffold while performing demolition. 
Construction $7.5 Million $7.5 settlement for helper injured in fall from forklift resulting in multiple surgeries.
Construction Accidents $6.6 Million Won by construction worker that fell from scaffold sustaining serious injuries.
Construction Accidents $6 Million Settlement for electrician that fell one story off of roof during construction of an extension.
Construction Accidents $6 Million Awarded to construction worker that fell from ladder while installing window frame.
Construction Accidents $6 Million Won by construction worker that fell from ladder sustaining serious injuries.
Negligent Supervision $6 Million Awarded to 19 year old mentally disabled man that suffered severe burns as a result of institution’s failure to supervise.
Construction Accidents $5.6 Million Awarded to construction worker struck by falling object at construction site.

If your child suffers from Erb’s palsy, the law office of Oresky & Associates, PLLC. can help. We have protected the rights of injured people in New York for more than a quarter of a century, securing over $400 million for victims of personal injury across Long Island and the metropolitan New York City area. For a free initial consultation, contact our office online or call us (718) 993-9999.

pay no fees unless we win your case
Malpractice Lawyer in New York

Fighting for the Rights of Children with Erb’s Palsy

Our attorneys understand the medical failures that can cause Erb’s palsy, including

  • Excessive pulling on an infant’s shoulders during a head-first delivery
  • Applying excessive pressure on the child’s raised arms during a breech, or feet-first, delivery
  • Failing to deliver through caesarean section
  • The negligent use of forceps or suction during delivery
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I had the best experience having Jacob Oresky & Associates, PLLC as my attorneys. I would fully recommend their services.

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The people in the office treat clients like family and they are very attentive.

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My experience with the firm was extraordinary. The staff was very caring and compassionate and very helpful. My lawyer did an amazing job! Thank you all for your help.

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Jacob Oresky & Associates are great attorneys and I recommend them because they treated me good.

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I am very grateful for their services, for being so responsible and efficient.

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I am very grateful for the services of the lawyers who took my case. I thank you for obtaining such a good verdict, a blessing from God. Thank you… OK Oresky!!! Froilan

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I feel super grateful for the work they did with me. My friend recommended me here and I am glad because I am delighted with the results. I recommend that anyone who has suffered an accident to call Oresky. The workers are very friendly and patien...

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Thanks to Jacob Oresky I received my settlement sooner than I expected. I thought that my case would take longer, but with Jacob Oresky it was hassle free. Not only that, I was continually notified of the status of my case.

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Jacob Oresky & Associates have been very attentive and helpful. They worry about clients, they are very friendly and I recommend them to the whole community.

Our Process

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

01. Free Case Evaluation

Call our office, send us an email, or chat with us online to receive a free case evaluation.

02. Get Signed Up

After your free case review, we can set up your client profile and gather any information you already have.

03. Start Your Recovery

We can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.


Frequently Asked Questions

Common Legal Questions

I Have Insurance, and I Have the Other Driver’s Insurance Information. Why Do I Need a Lawyer?
Unfortunately, people are not always honest, and you need a knowledgeable lawyer to help you gather evidence that you cannot get on your own. Of course, you need the accident report, but you also may need witness statements, certified weather reports,  photos from the accident scene,  driver statements,  and other evidence to establish liability.
What is the Average Settlement for a Medical Malpractice Lawsuit?
Since medical malpractice covers such a wide variety of injuries and scenarios, there is no average settlement amount for a medical malpractice lawsuit. Furthermore, many individual factors can affect a settlement’s amount, such as the injury’s permanence and impact on your job and whether your case settles out of court. When thinking about your malpractice case, remember that it is a  personal injury with losses. Malpractice is then subcategorized into different types, each with its own area.  To learn more, please read our full article here.
Can I Get Compensated if I Was Partly at Fault for My Car Accident?
The short answer is yes - many times, you can be compensated if you are partly at fault. Again, New York is a no-fault insurance state in which your own insurance pays for your out-of-pocket costs such as limited lost wages and medical bills up to $50,000.  When you make a claim for pain and suffering as well as certain economic loss above no-fault, the percentages of fault will be considered in your recovery. Your injury from your car accident may have a certain value, however, fault will be taken into consideration at the time of trial or settlement.
Can I Sue For A Work-Related Injury?
You can sue for a work-related injury under certain conditions. Typically, employers in New York have immunity from personal injury lawsuits, but there are exceptions. There may be other liable parties (other than your employer) who do not have this immunity. You can read our full blog post here to find out more.
Who do I sue for my injuries in a car accident case?
Claims for car accidents are usually made against the insurance companies for the owners and operators of the vehicles involved in the car accident. Sometimes a driver’s employer, a business entity or other party may need to be added to the claim and future lawsuit. Make sure that all of the proper parties are made part of your case so that you receive the compensation that you are entitled to.
How Do I Make an Accident Report from a Construction Accident?
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.
How Is Fault Determined in a Car Accident?
Fault is determined by the way that the accident happened.  Did a driver go through a light or stop sign?  Was the driver speeding or driving unreasonably under the circumstances?  New York is a comparative fault state, meaning you can still recover some compensation for damages even if you are the mostly at-fault driver. Many times, the crash is a result of both drivers who share percentages of the fault.
How Much Can I obtain from a Car Accident Settlement?
Several factors influence the amount you might obtain from a car accident settlement. The seriousness of your injury plays a significant role in determining this amount, as it affects your medical expenses, lost income, pain and suffering, and many other types of damages. The amount of insurance coverage available plays another significant part in the outcome of your settlement. Of course, a lawyer’s experience building personal injury cases, handling insurance companies, and negotiating fair settlements is yet another important consideration in this equation. Want to learn more about car accident settlements? Read our full article here.

Hire An Experienced Erb's Palsy Attorney

We understand that cases involving medical negligence can be complex, so we’ll work closely with expert witnesses, when appropriate, to prepare and present clear and compelling evidence to support your claims. We’ll carefully construct your case, looking at all the potential financial implications of raising a child with Erb’s palsy. Our attorneys will use their considerable skill, knowledge, experience and resources to help you get full and fair compensation for all your losses.

Your Legal Status Doesn't Matter

Contact the Law Office of Oresky & Associates To Get Started

Contact us today or call (718) 993-9999 to get our team working on your case. We are available to take your call 24 hours a day, seven days a week. We handle all Erb’s palsy claims on a contingency basis. You won’t pay any attorney fees unless we get compensation through a settlement or verdict.

At the law offices of Oresky & Associates, PLLC., we aggressively represent individuals who have suffered injuries in and around the state of New York, including New York City, the Bronx, Queens, Manhattan, Brooklyn (Kings County), Staten Island (Richmond County), Westchester, Long Island, Suffolk County, and Nassau County.

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