What is a Brachial Plexus Injury?

Brachial plexus birth injuries occur when the network of nerves running from the neck through the shoulder (the brachial plexus) are stretched, compressed, or torn during the birthing process. The result can be muscle weakness, partial or complete paralysis of the arm or hand, loss of sensation, or permanent disability. A common type is Erb’s palsy, where the upper nerves are damaged, leading to lack of movement in the shoulder and upper arm.

This type of injury can have lifelong effects on mobility and strength, often requiring years of therapy, medical care, and sometimes surgery to improve function. According to the National Institute of Neurological Disorders and Stroke, most cases occur during tough or complicated deliveries.

How Do Brachial Plexus Injuries Happen at Birth?

The brachial plexus is especially vulnerable during birth if there is shoulder dystocia (when the baby's shoulder gets stuck behind the mother’s pelvic bone), large birthweight, breech presentation, or if labor is prolonged. A provider might apply excessive force, use forceps or vacuum incorrectly, or fail to follow safe delivery practices, stretching or tearing the nerves.

Improper handling in emergent situations or the failure to perform a timely C-section are among the most common risk factors. Hospitals and labor room teams are expected to follow protocols that minimize this danger.

Who is Responsible if My Child Has Erb’s Palsy After Delivery?

Doctors, nurses, midwives, or even hospital systems might be responsible, especially if they failed to respond to signs of danger, misused delivery tools, or did not act as a reasonably careful provider would have. Often, more than one party can be named in a lawsuit. Determining liability requires a careful case review by medical experts and experienced birth injury attorneys.

Common Causes of Brachial Plexus Nerve Damage at Birth

• Shoulder dystocia (baby’s shoulder stuck)
• Large baby size or small maternal pelvis
• Breech delivery (baby feet first)
• Improper or forceful use of vacuum or forceps
• Failure to order a C-section when risk is high
• Excessive pulling, twisting, or rotation of baby’s head/neck
• Inexperienced or hurried delivery staff

Medical records, fetal monitoring, and review by neutral experts are used to confirm exactly what happened.

Can a Lawyer Help with Compensation for Brachial Plexus Injuries in Florida?

Yes. Birth injury law firms like The Injury Firm are essential for proving negligence, negotiating with insurance companies, securing medical and financial experts, and maximizing the recovery for your child’s care. Our attorneys have experience with Florida medical malpractice and birth trauma law, and we serve families statewide, including Orlando, Fort Lauderdale, and West Palm Beach.

We help document all costs and losses, handle all communications, and work on contingency—no fee unless your family wins.

How Quickly Should I Speak to a Lawyer?

Contact a lawyer as soon as you suspect your baby has suffered a brachial plexus or related birth injury. Florida has a two-year general statute of limitations for malpractice cases (with some exceptions for minors), but medical records and evidence are most accessible soon after birth. Early legal help can also coordinate with your doctors to ensure best documentation for both health and your future claim.

What Compensation is Available for Newborn Arm Paralysis or Nerve Damage?

• Medical costs: All doctor visits, surgery, therapy, and long-term care
• Special needs equipment: Braces, adapted chairs, assistive technology
• Pain and suffering: For child and parents
• Lost earning potential: If permanent disability will affect future independence
• Home or vehicle modifications: If mobility is impacted
• Emotional distress damages: For hardship, anxiety, or depression

Every injury and family is different—settlements and verdicts are tailored to your needs, not a “one-size-fits-all” approach.

Is a Brachial Plexus Injury Always Caused by Medical Malpractice?

No—some occur even if all proper guidelines were followed, especially in emergencies or very complex deliveries. However, many are preventable and due to improper training, carelessness, equipment misuse, or lack of timely intervention. An experienced attorney and outside medical experts can determine if malpractice was the true cause.

What Kinds of Treatment and Therapy are Needed?

• Physical therapy and occupational therapy (often beginning in infancy)
• Surgery for nerve repair, grafting, or tendon transfers (for severe cases)
• Regular pediatric and neurological evaluation
• Long-term bracing and adaptive equipment for mobility
• Pain management, mental health support, and special education in severe cases

Florida’s children’s hospitals and rehabilitation centers—like Nicklaus Children’s in Miami, Nemours in Orlando, and Shriners—are respected for pediatric nerve care.

Does Your Law Firm Handle Brachial Plexus Birth Injury Cases in Orlando, Fort Lauderdale, and West Palm Beach?

Yes—The Injury Firm has offices and partnerships serving families statewide. Our attorneys travel to you and work with local medical centers and pediatric specialists. We offer free consultations and help from your first question through final settlement or trial.

What Types of Brachial Plexus Birth Injuries Exist?

• Neuropraxia: Stretch injury, nerves not torn—mildest, often recovers in weeks
• Rupture: Nerves stretched and torn—not at the spinal cord, often needs surgical repair
• Avulsion: Nerve torn from spinal cord—most severe, often permanent, may require nerve transfers
• Neuroma: Scar tissue forms and interferes with nerve signals—may benefit from surgery

Children may have one or a combination. Erb’s palsy involves mostly upper nerves; Klumpke’s palsy affects the hand and lower arm.

What Records and Evidence Do I Need for a Lawsuit?

• Full prenatal, hospital, delivery, and newborn medical records
• Birth videos and delivery room notes, if available
• Imaging studies (MRI, nerve conduction, EMG)
• Reports from pediatric neurologists/orthopedic surgeons
• Photographs/videos documenting arm function and therapy
• Journal of developmental milestones and challenges
• Any discharge summaries or follow-up recommendations

An attorney will request, organize, and analyze these to build a full case. The more records you save, the stronger your claim.

How Long Do I Have to File a Brachial Plexus Injury Claim in Florida?

Florida law generally allows two years from when you discover, or should have discovered, the injury was due to malpractice. There are exceptions (fraud, concealment, injury to a minor) that may extend this. Consult a Florida birth injury law firm right away to avoid missing critical deadlines.

Can Surgery Help a Baby with a Brachial Plexus Injury?

Surgery can benefit babies with more severe ruptures or avulsion injuries—microsurgery to repair or graft nerves, improve muscle control, or transfer tendons. Success rates vary, and the best outcomes are generally achieved when surgery is performed before 1 year of age. Early therapy is crucial for maximizing recovery, even for mild injuries.

How Much Could a Brachial Plexus Injury or Erb’s Palsy Settlement Be Worth?

Case values depend on severity, future care needs, documented malpractice, and long-term disability. National settlements and verdicts for severe, permanent injury range from several hundred thousand to several million dollars. The Injury Firm strives to recover every dollar for medical bills, lost income, pain and suffering, adaptive equipment, and future therapy, tailored to your specific situation.

How Are Brachial Plexus Injuries Diagnosed and Documented After Birth?

Diagnosis is usually made through physical examination, imaging (MRI, EEG, nerve conduction studies), observation of movement, and tracking of developmental milestones. Pediatric neurologists, orthopedics, and therapists document arm/hand function, reflexes, and the child’s progress. This medical documentation is key for both treatment and legal claims.

Frequently Asked Questions

What is a brachial plexus injury and what causes it during birth?

It’s a nerve injury to the network controlling the arm/shoulder, usually caused by stretch or force during tough deliveries, shoulder dystocia, or misuse of delivery tools.

Who is responsible for a brachial plexus birth injury?

Doctors, nurses, midwives, and hospitals may all be liable if improper care or negligence caused the injury—often, several parties are investigated in lawsuits.

What real-world injuries are caused by brachial plexus birth trauma?

Erb’s palsy, Klumpke’s palsy, permanent arm paralysis, weakness, and loss of movement or sensation.

Does a diagnosis of Erb’s palsy always mean malpractice?

No—some cases are unavoidable. But when guidelines are not followed, or force/tools are misused, it may be malpractice and warrant legal review.

How soon should parents contact an attorney after a suspected brachial plexus injury?

Immediately. The earlier a law firm is involved, the better to gather evidence, register the claim, and protect the child’s rights and future.

Can The Injury Firm handle my case even if I am outside Fort Lauderdale?

Yes. We represent families across Florida—Orlando, West Palm Beach, Gainesville, Jacksonville, Tampa, Miami, and beyond.

What costs can be covered in a brachial plexus injury claim?

Medical bills, past and future therapy, surgeries, assistive devices, special schooling, home modifications, lost lifetime earnings, and pain and suffering.

Is a settlement taxed?

Generally, compensation for physical injury is not taxed, but always speak with a tax professional about your specific situation.

Can children outgrow brachial plexus injuries?

Mild neuropraxia injuries may heal fully; more severe injuries usually require therapy, and sometimes surgery, with varying recovery.

What support organizations or resources exist in Florida?

Options include Easterseals Florida, Nicklaus Children’s Hospital, United Brachial Plexus Network, Nemours, and local birth injury support groups.

Contact The Injury Firm—Your Florida Brachial Plexus Injury Lawyers

Has your child suffered a brachial plexus injury at birth in Florida? Don’t wait for answers. Call The Injury Firm at 954‑951‑0000 for a free, confidential case evaluation. We fight for families, making sure negligent hospitals and insurers are held accountable and your child gets the resources they need to thrive. No fee unless we win for you.