No parent expects their baby to suffer an injury during birth. The moment you’ve been waiting for—bringing your child into the world—should be one of joy and celebration. But when a doctor’s mistake leads to serious harm, that joy can quickly turn into fear, confusion, and frustration.
If your child was diagnosed with a brachial plexus birth injury, you’re probably wondering:
- How did this happen?
- Could this injury have been prevented?
- What kind of treatment will my child need?
- How can I hold the doctors accountable?
You are not alone. At Prosper Shaked Accident Injury Attorneys PA, we understand how devastating this situation is for your family. Our experienced birth injury attorney has helped families like yours get justice, financial compensation, and the resources needed to provide the best possible care for their child.
Why This Matters
A brachial plexus injury can affect your child for life. Some children recover with therapy, while others face permanent weakness, limited movement, or even paralysis in their arm. Medical treatment is expensive, and without legal action, families are often left struggling to cover the costs.
We’re here to fight for your child’s future. If a doctor’s mistake caused your baby’s injury, you may be entitled to compensation for medical expenses, therapy, and pain and suffering. Let us handle the legal battle while you focus on your child’s care.
Take the First Step Today
We offer free consultations to help you understand your options. Call us today or fill out our online form to speak with a Florida brachial plexus birth injury attorney. You don’t have to do this alone—we’re here to help. Call (305) 694-2676 for a free and confidential consultation and find out how we can help.
Why Choose Us?
We Fight for Families Affected by Birth Injuries
When your child suffers a preventable birth injury, you need more than just a lawyer—you need an advocate who understands what you’re going through. We have helped countless families throughout the state of Florida navigate the complex legal process of birth injury claims.
We know that no amount of money can undo the harm caused by a negligent doctor, but a successful lawsuit can give your child access to the best medical care and a secure future.
Our Experience in Birth Injury Cases
Not all personal injury lawyers have experience handling medical malpractice and birth injury cases. These claims require deep legal knowledge, access to top medical experts, and a proven ability to fight against hospitals and insurance companies.
Attorney Prosper Shaked works with leading medical experts to build strong cases that win. As a trial-tested attorney, he won’t back down until he secures a successful outcome for you and your child.
What Is a Brachial Plexus Birth Injury? Call us today at (305) 694-2676 or contact us online for a free case evaluation. Hablamos español.
The brachial plexus is a group of nerves that control movement and feeling in the shoulder, arm, and hand. These nerves stretch from the spinal cord down through the neck and into the arm. If damaged during birth, a baby can suffer weakness, numbness, or even permanent paralysis in the affected arm.
How Does This Happen?
A brachial plexus injury happens when too much force is used during delivery. This can occur when:
- The baby’s shoulder gets stuck behind the mother’s pelvis (a condition called shoulder dystocia).
- The doctor pulls too hard on the baby’s head or arm during delivery.
- The baby is delivered in a breech position (feet-first), putting pressure on the arms and neck.
- The doctor uses forceps or a vacuum extractor incorrectly, causing excessive stretching of the nerves.
Some brachial plexus injuries heal over time, but severe cases can cause lifelong disability. If a doctor failed to prevent or properly handle complications during birth, they may be responsible for the injury.
Types of Brachial Plexus Injuries
Not all injuries are the same. The severity depends on how much damage the nerves suffered.
- Erb’s Palsy – The most common type. Affects the upper nerves, leading to weakness or loss of movement in the upper arm.
- Klumpke’s Palsy – Affects the lower nerves, causing weakness or paralysis in the hand and wrist.
- Neuropraxia – A mild injury where the nerve is stretched but not torn. Often heals on its own.
- Rupture or Avulsion – The most severe injuries, where the nerve is torn, sometimes completely pulled from the spinal cord. These cases often require surgery.
If your child has been diagnosed with a brachial plexus injury, it’s important to understand their condition and what legal options are available. We can help you determine if medical negligence played a role and what steps you can take next.
Signs and Symptoms: How Do I Know If My Child Has a Brachial Plexus Injury?
Parents often notice something is wrong when their newborn isn’t moving one arm as much as the other. In some cases, the signs are immediately obvious, while in others, they become more noticeable as the baby grows.
Common Symptoms of Brachial Plexus Injuries
- Weakness in one arm – Your baby may have trouble lifting or moving their arm.
- Lack of grip strength – The affected hand may not grasp objects like the other hand.
- Arm held in an abnormal position – Some babies keep their arm bent at an awkward angle or held close to the body.
- No response to touch or pain – The affected limb may seem numb or unresponsive.
- Reflex differences – Your baby may not have normal reflexes in the injured arm.
Diagnosis and Medical Evaluation
Doctors can diagnose a brachial plexus injury through:
- Physical examination – Checking for weakness, lack of movement, or abnormal positioning.
- Imaging tests – An MRI or CT scan may be used to see nerve damage.
- Nerve conduction studies – These tests measure how well the nerves are sending signals to the muscles.
If you suspect your baby has a brachial plexus injury, early treatment is crucial. Physical therapy, surgery, and other interventions can make a big difference in their recovery.
Can Brachial Plexus Injuries Be Prevented? Get started with your complimentary case evaluation today; call us at (305) 694-2676 or reach us online using our secure contact form.
In many cases, brachial plexus injuries are preventable. Doctors have a responsibility to monitor pregnancies carefully and take the right steps to ensure a safe delivery. When they fail to do so, they may be guilty of medical malpractice.
To reduce the risk of this injury, doctors should monitor for risk factors, such as a large baby size, breech position, or prolonged labor. When there is a high risk of shoulder dystocia, obstetricians and medical teams must recommend and perform a safe C-section to reduce serious injury. If a baby is delivered vaginally, doctors must use proper delivery techniques to avoid excessive force on the baby’s head and neck.
If a doctor ignored warning signs or made mistakes during delivery, they can be held responsible. That’s where we come in.
Your Legal Rights: Can You Sue for a Brachial Plexus Injury?
If your child’s injury was caused by a medical mistake, you have the right to take legal action. Filing a birth injury lawsuit can help cover the cost of your child’s medical care and hold negligent healthcare providers accountable.
Who Can Be Held Responsible?
- The doctor who delivered your baby.
- The hospital or birthing center, if they failed to follow proper procedures.
- Any medical staff who contributed to the injury.
Compensation You May Be Eligible For
A successful lawsuit can help you recover:
- Medical expenses (past and future).
- Physical therapy and rehabilitation costs.
- Assistive devices (such as braces or mobility aids).
- Pain and suffering for both your child and your family.
Taking legal action isn’t just about money—it’s about getting justice for your child.
What If My Child’s Injury Wasn’t Diagnosed Right Away?
Sometimes, brachial plexus injuries aren’t obvious at birth and only become noticeable as the baby grows. Parents may not realize something is wrong until they see their child struggling to move one arm or grip objects.
Can I Still File a Lawsuit?
Yes! Even if months or years have passed, you may still have a case. Florida law allows birth injury claims to be filed within two years of discovering the injury. That means:
- If your child was recently diagnosed with Erb’s palsy or another brachial plexus condition, you may still have time to seek compensation.
- If your doctor failed to diagnose or treat the injury properly, this could also be a case of medical negligence.
Not sure if you still have a case? Contact us for a free case review to discuss your legal options.
What to Expect When You Work with Us
Step 1: Free Consultation
We start by listening to your story. During your free consultation, we’ll review your case, answer your questions, and explain your legal options. You’re under no obligation—this is simply an opportunity to understand your rights.
Step 2: Case Investigation
If we take your case, we will gather evidence to prove medical negligence. This includes:
- Reviewing medical records to determine if doctors followed the standard of care.
- Consulting with medical experts to confirm that malpractice occurred.
- Collecting witness statements, hospital policies, and any past complaints against the doctor.
Step 3: Filing a Claim
We will handle all legal paperwork and negotiations on your behalf. Our goal is to secure a fair settlement that covers your child’s medical expenses, therapy, and future care. If the hospital or insurance company refuses to offer a fair settlement, we’re fully prepared to take your case to trial.
Step 4: Maximizing Compensation
We fight to recover every dollar your family deserves. Birth injury cases often result in significant settlements because they involve lifelong medical costs. Our goal is to ensure your child has the resources and care they need for the best possible future.
Local Miami-Dade Support Groups & Services
At Prosper Shaked Accident Injury Attorneys PA, we believe that true representation goes beyond legal advocacy. Yes, we fight for justice and financial compensation, but we also understand that families need real, ongoing support as they navigate life after a birth injury.
That’s why we are committed to connecting you with the best medical care, therapy programs, and support groups in Miami. Whether you need expert rehabilitation for your child, a support network of parents facing similar challenges, or guidance on what to do next, we want you to have everything you need to help your child thrive.
Below, you’ll find a list of trusted local resources, including top hospitals, therapy centers, and organizations specializing in brachial plexus injuries. If you need more personalized recommendations, our team is always here to help.
Your child’s health, happiness, and future matter to us—both inside and outside the courtroom.
- Nicklaus Children’s Hospital – Brachial Plexus and Peripheral Nerve Program: Nicklaus Children’s Hospital offers specialized evaluation and treatment for brachial plexus injuries, including physical and occupational therapy tailored for children.
- UHealth Jackson Children’s Care – Pediatric Rehabilitation: Jackson Health System provides a warm and friendly environment for pediatric and adolescent patients requiring rehabilitation services, including those with brachial plexus injuries.
- University of Miami Health System – Pediatric Rehabilitation Medicine: The University of Miami offers interdisciplinary approaches to address the prevention, diagnosis, treatment, and management of congenital and childhood-onset physical impairments, including brachial plexus injuries.
- Joe DiMaggio Children’s Hospital – Pediatric Rehabilitation Center: Located in nearby Hollywood, FL, Joe DiMaggio Children’s Hospital offers comprehensive care for children with brachial plexus injuries, including advanced imaging, nonsurgical therapies, and surgery.
Online Support Groups
- United Brachial Plexus Network (UBPN): UBPN works toward the prevention of brachial plexus injuries and educates medical and legal personnel, public officials, and the general public on issues surrounding these injuries. They offer resources and support for individuals and families affected by brachial plexus injuries.
- Traumatic Brachial Plexus Injuries (TBPI) Group: This website is created by and for adults who have a traumatic brachial plexus injury. It supplies information and support for those affected.
Take the First Step Toward Justice – Contact Us Today
If your child suffered a brachial plexus injury due to medical negligence, you have the right to seek justice. We know this is an incredibly difficult time for your family, but you don’t have to face it alone.
At Prosper Shaked Accident Injury Attorneys PA, we offer free, no-obligation case reviews. Call us today at (305) 694-2676 or fill out our online form to schedule a consultation with Prosper Shaked
Don’t wait—the sooner we start, the stronger your case will be. Let us help you fight for the justice and compensation your child deserves.