When a child suffers a brachial plexus injury during birth, it can have lasting physical and emotional effects on both the child and their family. These injuries often occur due to medical negligence during labor or delivery — and when that happens, families deserve justice and compensation. A Florida brachial plexus malpractice lawyer at Bounds Law Group can help you understand your rights, evaluate your legal options, and pursue a claim against those responsible.
Contact us today through our free case evaluation form or call 877-644-5122.
Brachial Plexus Injuries
The brachial plexus is a network of nerves located in the neck and shoulder that controls movement and sensation in the arm and hand. When these nerves are stretched, compressed, or torn during childbirth, the result can be partial or complete paralysis of the affected limb.
Common causes include:
- Excessive pulling on the baby’s shoulders during delivery
- Improper use of forceps or vacuum extraction tools
- Failure to perform a timely cesarean section (C-section)
- Breech births or other difficult deliveries
According to the American Academy of Orthopaedic Surgeons (AAOS), brachial plexus injuries occur in approximately 1 to 2 out of every 1,000 live births in the United States, making them one of the most common preventable birth injuries.
When Medical Negligence Causes a Birth Injury
Not every brachial plexus injury is caused by negligence. However, when a doctor or nurse fails to meet the accepted standard of care — such as using improper delivery techniques or delaying necessary interventions — it may constitute medical malpractice.
A Florida brachial plexus malpractice lawyer can help determine whether:
- The healthcare provider failed to act as a reasonably skilled professional would have under similar circumstances
- The negligent act directly caused your child’s injury
- The injury resulted in measurable damages (medical costs, future care, pain and suffering, etc.)
These cases often require expert testimony, medical records review, and an in-depth understanding of obstetric care standards.
Potential Long-Term Effects on the Child
Brachial plexus injuries can range from mild nerve stretching to complete nerve rupture. The severity of the damage often determines recovery outcomes.
Children may experience:
- Weakness or paralysis in the arm
- Limited range of motion
- Muscle stiffness or contractures
- Permanent disability
In severe cases, lifelong therapy or surgical interventions may be required to restore some function. Early medical intervention can improve outcomes, but many children never fully recover.
The National Institute of Neurological Disorders and Stroke (NINDS) notes that recovery depends on the injury’s severity and how quickly it’s treated.
Compensation Families Can Seek
A successful medical malpractice claim can help families recover compensation for both economic and non-economic damages. With the guidance of an experienced Florida brachial plexus malpractice lawyer, you may be entitled to:
- Medical expenses: Hospital bills, surgeries, medications, physical therapy
- Future care costs: Long-term rehabilitation or assistive devices
- Lost wages: If a parent must reduce work hours or stop working to provide care
- Pain and suffering: Emotional distress and reduced quality of life
Some cases may also allow for punitive damages if gross negligence or reckless behavior can be proven.
According to Johns Hopkins Medicine, birth injuries related to shoulder dystocia (a leading cause of brachial plexus injuries) can result in significant lifelong disabilities and financial burdens.
Preventing Brachial Plexus Injuries: How Proper Medical Care Makes a Difference
While compensation is vital for families affected by medical negligence, prevention remains the most powerful safeguard against brachial plexus birth injuries. The best outcomes occur when medical professionals recognize risk factors early and follow safe delivery protocols.
A skilled obstetric team should anticipate complications and take proactive steps to prevent excessive force or shoulder dystocia — one of the leading causes of nerve damage. Preventive measures include:
- Identifying high-risk pregnancies: Conditions such as gestational diabetes, large fetal size (macrosomia), and prolonged labor should alert physicians to potential delivery challenges.
- Performing timely C-sections: When risk factors are present, a cesarean section can often prevent brachial plexus injuries caused by shoulder impaction or improper instrument use.
- Using proper delivery techniques: Medical staff must follow standardized procedures to safely assist with the baby’s delivery, including controlled traction and correct positioning.
- Continuous fetal monitoring: Ensuring the baby’s safety throughout labor allows for quick intervention if complications arise.
When healthcare providers fail to take these preventive steps, families may have strong grounds for a malpractice claim. An experienced Florida brachial plexus malpractice lawyer can evaluate whether your doctor took all reasonable precautions before and during birth.
Ultimately, the goal isn’t just to seek justice after an injury — it’s to hold medical professionals accountable and encourage higher standards of care to protect future families.
How a Florida Brachial Plexus Malpractice Lawyer Can Help
Navigating a medical malpractice case can be complex. Hospitals and insurance companies often have powerful legal teams that work to minimize liability. Having a Florida brachial plexus malpractice lawyer on your side ensures that your family’s rights are protected.
At Bounds Law Group, our legal team will:
- Conduct a thorough review of your medical records and delivery details
- Consult with medical experts to determine whether negligence occurred
- Calculate the full extent of your financial and emotional damages
- Negotiate aggressively with insurers and medical providers
- File a lawsuit if a fair settlement cannot be reached
Our mission is to help families obtain justice and secure the compensation they need to provide their child with the best possible care.
Proving Liability in a Brachial Plexus Case
Proving malpractice in birth injury cases requires establishing four legal elements:
- Duty of care: The healthcare provider had a legal obligation to act within accepted medical standards.
- Breach of duty: The provider’s actions fell below that standard.
- Causation: The negligence directly caused the injury.
- Damages: The injury resulted in measurable harm.
A qualified Florida brachial plexus malpractice lawyer will work closely with expert witnesses, such as obstetricians and neurologists, to build a compelling case on your behalf.
Florida’s Medical Malpractice Statute of Limitations
Under Florida law, medical malpractice claims generally must be filed within two years of discovering the injury, but no later than four years from the date the malpractice occurred. Because birth injuries may not be immediately apparent, it’s crucial to contact a Florida brachial plexus malpractice lawyer as soon as possible to protect your right to compensation.
Take Action Today
If your child has suffered a brachial plexus injury during birth, you don’t have to face this alone. At Bounds Law Group, we understand the emotional and financial toll of medical negligence — and we’re here to fight for your family’s future.
Complete our free case evaluation form or call us now at 877-644-5122 to speak with an experienced Florida brachial plexus malpractice lawyer today. Let us help you seek justice and secure the compensation your child deserves.