Miami Brachial Plexus Injury Lawyer
Birth Injury Lawsuits Over Erb’s Palsy & Brachial Plexus Injuries
The brachial plexus, a network of nerves that extend through the neck and shoulders, controls much of the function and feeling in the chest, shoulders, arms, and hands.
When these nerves are placed under stress during labor or delivery, a baby may experience injuries that can range from mild and temporary to severe and permanently disabling.
If your child was born with palsy or a related brachial plexus injury arising from childbirth, you may have grounds to pursue legal action and a financial recovery of your damages – including the future expenses you may incur as a result of your child’s injuries.
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Grossman Roth Yaffa Cohen has garnered national recognition for our work representing injured patients and families whose lives have been forever altered by medical negligence – including negligent care during pregnancy and childbirth.
Clients and colleagues continually place their trust in our team because:
- We’ve recovered over $1 billion in compensation for clients.
- Our work has helped shape medical malpractice law and expand victims’ rights.
- Our attorneys are recognized among The Best Lawyers in America®, Florida Super Lawyers®, the Lawdragon 500, and other leading legal organizations.
- We’re backed by a team of medical investigators, paralegals, and support staff.
If you wish to discuss a potential birth injury lawsuit involving Erb’s Palsy or a brachial plexus injury, call for a FREE consultation with one of our Miami attorneys.
Brachial Plexus Injuries
In the course of childbirth, nerves within a baby’s brachial plexus may become stretched, compressed, or torn. While this can manifest as a mild injury from which babies can recover, it may also cause severe trauma that results in a loss of muscle function, impaired mobility, or even paralysis in the upper limbs.
Brachial plexus injuries may affect all or part of the brachial plexus, and may be categorized as one of four primary types of nerve injuries:
- Neurapraxia, which involves nerves that have been stretched but not torn;
- Rupture, where a nerve is torn at a location outside of the spinal cord;
- Avulsion, which involves nerve roots being torn from the spinal cord, causing severe injury;
- Neuroma, which involves the formation of scar tissue that presses against the injured nerve or interferes with nerve function.
In addition to nerve injuries, trauma to the brachial plexus may also manifest in the form of specific medical conditions. This includes:
- Erb’s palsy: Weakness of the shoulder and biceps muscle caused by injury to to the upper brachial plexus.
- Horner’s syndrome: Trauma to the sympathetic chain of nerves, which can result in ptosis (drooping eyelid), miosis (smaller pupil), and anhydrosis (diminished sweating).
- Klumpke’s palsy: Weakness affecting the lower arm, wrist, and hand.
- Upper / lower plexus lesions
Can Medical Malpractice Cause Brachial Plexus Injuries?
Though childbirth has inherent risks, many brachial plexus injuries can and should be prevented – particularly when treating medical professionals uphold their duty of care. This includes properly identifying and managing risk factors during pregnancy, and properly responding to complications arise during labor or delivery.
Unfortunately, it is not always the case that mothers and babies are treated with the care they deserve. If a hospital or health care provider’s failure to meet the standard of care resulted in your child’s injuries, you may be entitled to compensation for the pain and suffering, lost income, past and future medical expenses, and emotional injuries you and your baby suffered.
Examples of medical negligence relating to Erb’s palsy and brachial plexus injuries may include:
- Failure to diagnose potential risk factors / complications during pregnancy (i.e. multiple babies, large babies, abnormal fetus positioning, and more.
- Improper manipulation, excessive force, and improper use of forceps or vacuum extractors during delivery.
- Failure to perform a C-section / delayed C-section.
- Improper inducement of labor / improper use of drugs that induce labor (i.e. Pitocin).
- Mismanagement of delivery complications, including shoulder dystocia.
Medical mistakes can have tremendous consequences for victims and families, causing stress and anxiety over injuries, and physical, financial, and emotional setbacks due to serious impairments. Because there can be life-long repercussions, recovering full and fair compensation becomes critical to helping families and children effectively navigate their futures.
Our Miami Erb’s Palsy Lawyers Offer FREE Consultations
Grossman Roth Yaffa Cohen is passionate about helping families across Florida and beyond after they’ve suffered serious and preventable losses. If you have questions regarding a potential birth injury lawsuit involving brachial plexus injuries or Erb’s palsy, our award-winning Miami trial attorneys are here to help. Call or contact us online to request a FREE case evaluation.
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Since our firm opened, we've made it our mission to get justice for our clients and their families. We've not only taken on cases that other firms had turned down, but we've also fought to get unjust laws and restrictions overturned or modified.
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Complex legal cases require extensive research, trial experience, and industry knowledge, which is why we always have a team of attorneys working on every case we take on. Our team-centric approach to litigation means that we're able to really focus on getting our clients the best possible outcome.
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Our attorneys not only take the time to understand the evidence in your case, but also the pathology and medical techniques used in your specific situation. We believe that any attorney that takes on these types of cases needs to be on equal footing with medical professionals and physicians.
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