Advocates for Families Facing Brachial Plexus Birth Injuries
Welcoming a child into the world should be an occasion filled with joy and hope. However, when a preventable birth injury like a brachial plexus injury occurs, it can change the course of your child’s life and place an immense burden on your family. Brachial plexus injuries, often caused by medical negligence during childbirth, can lead to lasting physical, emotional, and financial challenges.
At Raposo & Lukacs, we represent families in Miami, FL, who have been affected by brachial plexus injuries. Our legal team is committed to holding negligent medical providers accountable and securing the compensation you need to ensure your child receives the best possible care.
Here are several reasons why you should hire our firm:
Nearly 15 years of legal experience serving Miami and the surrounding areas
Secured tens of millions of dollars for our clients
The brachial plexus is a network of nerves that runs from the spinal cord through the neck and shoulder, controlling movement and sensation in the arms and hands. A brachial plexus injury occurs when these nerves are stretched, compressed, or torn.
During childbirth, brachial plexus injuries most often occur when excessive force is applied to a baby’s head, neck, or shoulders. These injuries are commonly associated with difficult deliveries, particularly when the baby’s shoulders become lodged behind the mother’s pelvic bone—a complication known as shoulder dystocia.
While some brachial plexus injuries resolve with time and therapy, others result in permanent disability. In many cases, these injuries are entirely preventable with proper medical care.
Common Brachial Plexus Injuries
Brachial plexus injuries vary in severity, ranging from mild nerve stretching to complete nerve rupture. Common types include:
Erb’s Palsy: The most well-known brachial plexus injury, Erb’s palsy affects the upper nerves controlling shoulder and elbow movement. Children may have weakness, limited range of motion, or paralysis in the affected arm.
Klumpke’s Palsy: This injury affects the lower brachial plexus nerves, often resulting in weakness or paralysis of the hand and wrist, sometimes accompanied by sensory loss.
Neuropraxia: A mild injury involving nerve stretching that may heal within weeks or months.
Neuroma: Scar tissue forms around the injured nerve, interfering with proper nerve signals.
Rupture or Avulsion: Severe injuries where the nerve is torn or detached from the spinal cord, often leading to permanent impairment and the need for surgery.
Our Miami brachial plexus injury lawyer can work with medical experts to determine the exact nature of your child’s injury and whether it was caused by medical negligence.
Medical Malpractice Causing Brachial Plexus Injuries
Not all birth injuries are unavoidable. Many brachial plexus injuries result from medical malpractice, including errors made before, during, or immediately after delivery. Common forms of negligence include:
Excessive force during delivery, particularly pulling on the baby’s head or neck
Failure to properly manage shoulder dystocia
Improper use of delivery tools, such as forceps or vacuum extractors
Failure to recommend or perform a timely C-section when risk factors were present
Poor prenatal monitoring, including failure to recognize a large baby (macrosomia)
Inadequate training or response by medical staff
Healthcare providers in Miami hospitals have a duty to anticipate complications and follow established obstetric guidelines. When they fail to do so, families have the right to pursue a medical malpractice claim.
Short- & Long-Term Effects of Brachial Plexus Injuries
The impact of a brachial plexus injury can vary widely depending on severity. Some children experience improvement with physical therapy, while others face lifelong challenges.
Short-term effects may include:
Weakness or paralysis in one arm
Limited shoulder, elbow, or hand movement
Lack of sensation in the affected limb
Difficulty with reflexes and muscle control
Long-term effects can include:
Permanent loss of arm or hand function
Muscle atrophy or abnormal muscle development
Chronic pain or nerve-related discomfort
Need for multiple surgeries or ongoing therapy
Difficulty with daily activities, school, and employment later in life
Families often face years of medical appointments, therapy costs, and emotional stress. A successful legal claim can help cover both current and future expenses.
Who is Liable in a Brachial Plexus Injury Case?
When a brachial plexus injury occurs, determining liability is critical in seeking justice and compensation. Potentially liable parties may include individuals and institutions involved in the childbirth process.
Obstetricians and Delivery Doctors: Doctors overseeing the delivery process are primarily responsible for ensuring that labor and delivery proceed as safely as possible. Failing to recognize complications, improperly using delivery tools, or not performing a timely C-section can make them liable for negligence.
Nurses and Delivery Staff: Nurses and medical staff play a crucial role by monitoring the baby’s position and the mother’s condition. Mistakes in communication, lack of proper assistance during a complicated delivery, or failure to escalate concerns can lead to preventable injuries.
Hospitals and Medical Institutions: Hospitals are responsible for maintaining fully trained staff, as well as properly functioning medical equipment. If institutional failures such as inadequate staffing or poor training protocols contribute to a brachial plexus injury, the hospital may be held accountable.
Compensation for a Brachial Plexus Birth Injury
If your child’s injury was caused by medical negligence, compensation may be available for:
Past and future medical expenses
Physical and occupational therapy
Surgical costs and assistive devices
Pain and suffering
Loss of future earning capacity
Emotional distress and reduced quality of life
Brachial Plexus Injury Claim FAQs
How long do I have to file a birth injury lawsuit in Florida?
Florida law imposes strict deadlines (statutes of limitations) for medical malpractice cases, including birth injuries. Acting quickly is essential to protect your rights.
Can a brachial plexus injury heal on its own?
Some mild injuries improve over time, but others require surgery and may result in permanent disability. An attorney can help determine whether negligence played a role.
Do I need proof of medical malpractice?
Yes. A successful claim requires showing that the healthcare provider deviated from the accepted standard of care and caused the injury.
What if the hospital says the injury was unavoidable?
Hospitals often deny fault. A Miami brachial plexus injury lawyer can obtain medical records, consult experts, and challenge these claims.
Contact Raposo & Lukacs Today
If your child has suffered a brachial plexus injury due to medical negligence, you don’t have to face this battle alone. With decades of experience and a commitment to securing justice, Raposo & Lukacs will advocate fiercely for your family’s rights.
Whether your case leads to a settlement or the courtroom, we’ll fight relentlessly to secure the compensation you need to care for your child’s future.
Call (305) 575-2177 or fill out our online form to take the first step toward justice for your family today. Contact us now for a free, no-obligation consultation.
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