Brachial plexus injuries often result from preventable errors during childbirth or surgery and can have lasting effects on a child’s quality of life.
If a brachial plexus injury was caused by medical negligence, and your child suffered harm, you may have grounds for a legal claim..
Florida law allows families to recover compensation for preventable birth injuries. If your child was hurt due to a doctor’s negligence, a Fort Lauderdale birth injury lawyer can help you get justice.
What to Do If a Brachial Plexus Injury Was Caused by Medical Negligence
If you believe your child’s brachial plexus injury was caused by a medical error, here’s what you should do next:
- Seek immediate medical attention: Get an accurate diagnosis and document your child’s condition with updated medical records.
- Request your records: Obtain copies of all hospital and doctor reports, including any surgical notes or delivery logs.
- Avoid discussing fault with providers: Anything you say could be used against you later on.
- Contact a medical malpractice attorney: Our lawyers can review your records, consult with experts, and determine whether you have a valid claim.
The sooner you take action, the better your chances of proving negligence and securing compensation will be.
How Medical Mistakes Can Cause These Injuries
While some brachial plexus injuries occur by accident, many are the result of preventable medical errors. Examples of these mistakes include:
- Improper use of forceps or vacuum devices during childbirth
- Failure to manage shoulder dystocia (when a baby’s shoulder gets stuck)
- Negligent surgical technique near the collarbone or shoulder
- Delayed diagnosis or treatment that allows the injury to worsen
If you suspect that your child’s injury was caused by negligence, it’s important to ask questions, seek a second opinion, and consult an attorney who can investigate.
Symptoms of a Brachial Plexus Injury
In infants, brachial plexus injuries are usually noticeable soon after birth. Common short-term effects include:
- Weakness or limpness in one arm: The baby may not move one arm as much as the other.
- Limited shoulder or hand movement: The infant might have trouble lifting their arm or grasping objects.
- Asymmetric startle reflex: One arm may not extend outward when the baby is startled, which is a key early sign of nerve injury.
- Arm held close to the body: The affected arm may stay bent at the elbow and rotated inward.
- Lack of muscle tone: The arm may feel unusually soft or floppy to the touch.
- Crying when the arm is moved: Pain or sensitivity can indicate nerve irritation or stretching.
If you notice any of these symptoms in your child, be sure to get them medical attention right away.
Proving Medical Negligence in Florida
To recover compensation for a brachial plexus injury caused by medical negligence, you must prove that the healthcare provider failed to meet Florida’s standard of care. This means showing that a competent professional would have acted differently under similar circumstances.
Medical records and expert testimony can help you prove negligence. Our lawyers can gather this evidence for you and identify where your child’s doctor violated the expected standard of care.
Your Rights After a Birth Injury
If your child suffered a brachial plexus injury during birth, you have the right to take legal action. More specifically, you can:
- Access medical records to review what occurred during delivery
- Investigate the incident to determine whether negligence caused the injury
- Hire a lawyer to ensure your child’s best interests are protected
Our attorneys can guide you through the claims process and pursue the financial recovery your family deserves.
What Types of Compensation Are Available?
If your child suffered a brachial plexus injury due to medical negligence, you may be entitled to compensation for your losses. Florida law allows families to recover both economic and non-economic damages, including:
- Medical expenses: You can recover the cost of hospital care, surgeries, physical therapy, and ongoing medical treatment for your child.
- Lost wages: You can be reimbursed for income you lost while caring for your child.
- Pain and suffering: You can seek compensation for the physical discomfort and emotional distress caused by the injury.
- Punitive damages: You can seek punitive damages if the healthcare provider’s conduct was especially reckless or negligent.
Our attorneys can review your case and explain the damages you’re eligible to pursue.
How the Law Offices of Anidjar & Levine Can Help
The Law Offices of Anidjar & Levine understand how overwhelming it can be to deal with a brachial plexus injury caused by medical negligence. Our team offers hands-on, compassionate representation focused on securing the compensation your family deserves.
You’ll work directly with attorneys who’ll remain accessible throughout your case so you’re never left in the dark. We have a strong track record of success and operate on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
If your child has been harmed due to negligence, we’ll work tirelessly to get justice for your family.
Contact a Birth Injury Lawyer
If a medical mistake led to your child’s brachial plexus injury, the responsible parties should be held accountable. A birth injury lawyer from Anidjar & Levine can investigate what went wrong, collect evidence, and fight for the compensation your family deserves.
Schedule a free consultation to learn about how you can secure your child’s financial future.
We Can Help.
