Yes, you can sue for a brachial plexus injury in Florida if your doctor was at fault. When medical professionals fail to provide the appropriate standard of care during treatment or procedures, resulting in damage to the nerve network controlling your arm and shoulder, you have grounds to pursue a medical malpractice claim.
A Florida medical malpractice lawyer can help you through the complexities of establishing negligence, gathering evidence, and seeking compensation for the often life-altering effects of these nerve injuries.
What Are Brachial Plexus Injuries?
Brachial plexus injuries affect a network of nerves that transmit signals from your spinal cord to your shoulder, arm, and hand. These injuries range from mild, temporary conditions to severe, permanent disabilities, depending on the type and extent of nerve damage.
When these nerves are damaged, you may experience various symptoms, including:
- Weakness or complete paralysis in your arm, wrist, or hand
- Numbness or loss of sensation in affected areas
- Severe, burning pain or abnormal sensations
- Loss of muscle control and coordination
- Muscle atrophy over time if nerves cannot regenerate
When these injuries occur in medical settings, they may result from improper patient positioning during surgery, excessive force during delivery, anesthesia-related complications, or errors during procedures involving the neck, shoulder, or upper chest.
The impacts of these injuries extend beyond physical limitations. They often affect your ability to work, perform daily activities, and maintain your quality of life.
How Medical Negligence Causes Brachial Plexus Injuries
During surgical procedures, improper patient positioning can stretch or compress the brachial plexus nerves. Healthcare teams have a responsibility to position patients correctly and monitor for potential nerve compression. When these precautions are neglected, patients may wake from surgery with new nerve damage that could have been prevented.
Obstetric settings present another common scenario for these injuries. When complications arise during childbirth, such as shoulder dystocia (when a baby’s shoulder becomes stuck), excessive or improper force used during delivery can damage the infant’s brachial plexus.
Regardless of the specific scenario, medical negligence occurs when healthcare providers fail to meet the accepted standard of care that a reasonably competent provider would have delivered under similar circumstances. If this happens, you can sue for brachial plexus injuries in Florida.
Proving Medical Malpractice for Brachial Plexus Injuries
First, you must demonstrate that a doctor-patient relationship existed, establishing the provider’s duty of care to you. Medical records documenting your treatment relationship satisfy this requirement. This formal relationship creates a legal obligation for the provider to deliver care meeting professional standards.
Second, you need to prove that the provider breached this duty by failing to meet the accepted standard of care. For brachial plexus injuries, this might involve showing that the provider used improper techniques, was unable to monitor positioning during surgery, or didn’t respond appropriately to complications. Expert testimony from qualified medical professionals is typically required to establish what constitutes appropriate care in your specific situation.
Third, you must establish causation—proving that the provider’s breach directly caused your brachial plexus injury. This requires demonstrating that the nerve damage resulted specifically from the substandard care, not from other factors or pre-existing conditions. Medical records, surgical reports, and expert opinions help establish this connection.
Fourth, you need to document the damages resulting from the injury. These may include additional medical expenses, lost income, pain and suffering, and other consequences of the improper care you received. Thoroughly documenting all aspects of how the injury has affected your life strengthens this portion of your claim.
Florida’s Pre-Suit Requirements
Before filing a medical malpractice lawsuit in Florida, you must complete specific pre-suit requirements. These include obtaining a written opinion from a qualified medical expert stating there are reasonable grounds to believe malpractice occurred.
This expert must practice in the same specialty as the healthcare provider you’re suing and must review your medical records before providing this opinion. The expert’s assessment establishes the standard of care that should have been provided and explains how your treatment fell short of these expectations.
Compensation Available for Suing for a Brachial Plexus Injury in Florida
If your medical malpractice claim succeeds, you may receive compensation addressing the full impact of your brachial plexus injury. The potential damages acknowledge both the financial costs and the personal suffering caused by medical negligence.
Economic damages cover the measurable financial losses you’ve experienced, including:
- Medical expenses for diagnostic testing, surgeries, and hospitalization
- Rehabilitation costs, including physical therapy and occupational therapy
- Assistive devices and home modifications, if needed
- Lost wages during your recovery period
- Reduced earning capacity if permanent limitations affect your ability to work
Non-economic damages address the intangible but significant impacts of your injury:
- Physical pain and suffering
- Emotional distress and psychological effects
- Loss of enjoyment of life and normal activities
- Changes in personal relationships and lifestyle
- Permanent disability or disfigurement
The value of these damages varies based on factors such as the severity of your injury, whether complete recovery is possible, your age and occupation, and the quality of evidence supporting your claim. Working with attorneys experienced in brachial plexus injury cases helps ensure all aspects of your damages are properly calculated and pursued.
How Our Law Firm Can Help With Your Case
We begin by conducting a thorough investigation of your case, including:
- Obtaining and reviewing all relevant medical records
- Consulting with qualified medical experts in neurology, surgery, or obstetrics
- Identifying all potentially liable parties
- Calculating the full extent of your current and future damages
Once we establish the merits of your case, we handle all aspects of the legal process, from filing the required notices to negotiating with insurance companies to representing you at trial if necessary. This comprehensive approach allows you to focus on your medical treatment and recovery rather than legal complexities.
Throughout the process, we maintain regular communication, ensuring you understand each step and can make informed decisions about your case. We believe in accessibility and provide direct contact with your attorney whenever questions or concerns arise.
Contact Us Today to Discuss Your Brachial Plexus Injury Case
Living with the effects of a brachial plexus injury caused by medical negligence creates physical, emotional, and financial challenges. You deserve accountability from the healthcare providers who failed to deliver appropriate care.
Contact us today for a free consultation to discuss your case and learn how we can help you sue your at-fault doctor for a brachial plexus injury in Florida.
We Can Help.
