Florida Erb’s Palsy Lawyer

Bringing a child into the world should be a joyful experience, but when medical negligence leads to a preventable birth injury like Erb’s Palsy, families are left facing uncertainty, emotional distress, and financial burdens. At Rafferty Domnick Cunningham & Yaffa, we understand how devastating it is for parents to watch their child struggle due to an injury that could have been prevented. That is why we have dedicated our legal practice to helping families seek justice and recover the compensation they need to secure a better future for their children.

With over three decades of experience in medical malpractice and birth injury law, our attorneys have successfully represented families throughout Florida, holding hospitals, doctors, and other medical professionals accountable for their negligent actions. Our legal team is committed to providing compassionate, aggressive representation, ensuring that our clients receive the financial resources necessary for medical treatment, rehabilitation, and long-term care.

If you suspect that your child’s Erb’s Palsy was caused by medical negligence, we encourage you to reach out for a free, no-obligation consultation. Let our team examine your case, answer your questions, and guide you through the legal process.

Understanding Erb’s Palsy and Its Causes

What Is Erb’s Palsy?

Erb’s Palsy, also known as brachial plexus palsy, is a condition that occurs when the brachial plexus nerves in a baby’s shoulder are damaged during birth. The brachial plexus is responsible for sending signals from the spinal cord to the shoulder, arm, and hand, allowing movement and sensation. When these nerves are stretched or torn, it can lead to muscle weakness, loss of movement, or even complete paralysis in the affected arm.

The severity of Erb’s Palsy can vary, ranging from mild nerve damage that heals on its own to severe cases requiring surgery and long-term physical therapy. In some instances, children may never fully regain movement in their arm, significantly impacting their quality of life.

How Medical Negligence Causes Erb’s Palsy

Erb’s Palsy is often the direct result of medical negligence during childbirth. When medical professionals fail to follow proper procedures or act recklessly during delivery, the baby can suffer excessive force or unnecessary trauma, leading to nerve damage. Some of the most common causes of Erb’s Palsy due to medical malpractice include:

1. Excessive pulling or stretching of the baby’s head and neck during delivery, leading to nerve damage in the shoulder.
2. Failure to properly handle shoulder dystocia, a condition where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Medical professionals are trained to manage this condition safely, but improper maneuvers can result in severe injuries.
3. Misuse of delivery-assisting tools such as forceps or vacuum extractors, which can cause excessive pressure on the baby’s shoulder and neck.
4. Failure to recommend or perform a C-section in high-risk pregnancies, especially when the baby is large, breech, or experiencing fetal distress.

If your child’s Erb’s Palsy was caused by medical negligence, our legal team is prepared to investigate the circumstances of your case, gather medical evidence, and hold the responsible parties accountable.

Legal Rights: Can You Sue for Erb’s Palsy in Florida?

Yes. If a medical professional’s negligence led to your child’s Erb’s Palsy diagnosis, you have the legal right to pursue a birth injury lawsuit. A successful medical malpractice claim can help your family recover compensation for medical costs, long-term care, and emotional distress.

Florida’s Statute of Limitations for Erb’s Palsy Lawsuits

Florida has strict deadlines for filing medical malpractice lawsuits. In most cases, you have two years from the date of discovering the injury to file a claim. However, because birth injuries are not always immediately detected, Florida law allows for an extended period under certain circumstances.

To ensure that your legal rights are protected, it is crucial to speak with an experienced birth injury lawyer as soon as possible. Missing the filing deadline can prevent you from pursuing compensation, even if medical negligence is proven.

Compensation for Erb’s Palsy Lawsuits in Florida

Families who file Erb’s Palsy lawsuits in Florida may be entitled to significant financial compensation to help cover the costs of treatment, therapy, and ongoing medical care.

What Damages Can Be Recovered?

A successful Erb’s Palsy claim can provide compensation for:

1. Medical expenses – Covers past, present, and future medical costs, including doctor visits, hospital stays, and surgical procedures.
2. Physical therapy and rehabilitation – Many children with Erb’s Palsy require ongoing therapy to improve mobility and strength.
3. Assistive devices and home modifications – Includes costs for braces, splints, or other medical equipment that aid in the child’s movement and daily activities.
4. Pain and suffering – Compensation for the emotional distress and reduced quality of life caused by the birth injury.
5. Future lost wages – If the injury leads to permanent disability, families may seek compensation for lost future earning potential.

At Rafferty Domnick Cunningham & Yaffa, we fight aggressively to ensure that families receive the full compensation they deserve. Our legal team works closely with medical experts, financial analysts, and life-care planners to determine the true cost of your child’s injury and maximize your settlement or court award.

Why Choose Rafferty Domnick Cunningham & Yaffa?

With decades of experience in birth injury litigation, our firm has successfully helped countless families secure financial compensation for medical malpractice claims.

What Sets Us Apart?

1. Over 30 years of experience handling medical malpractice and birth injury cases in Florida.
2. Millions of dollars recovered for families of children with preventable birth injuries.
3. Personalized, compassionate representation – We treat every case with the dedication and care it deserves.
4. Nationally recognized trial attorneys with a track record of winning tough cases.
5. No fees unless we win – We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

How to File an Erb’s Palsy Lawsuit in Florida

Filing a lawsuit may seem overwhelming, but our team will handle every step of the process so you can focus on your child’s well-being.

Step-by-Step Legal Process

1. Free Consultation – We review your case, answer your questions, and explain your legal options.
2. Gathering Evidence – We obtain medical records, expert opinions, and hospital documentation to build a strong case.
3. Filing the Lawsuit – Once evidence is gathered, we file a formal lawsuit against the responsible parties.
4. Settlement Negotiations or Trial – Many cases settle outside of court, but if necessary, we will take your case to trial to fight for maximum compensation.

Frequently Asked Questions About Erb’s Palsy Lawsuits in Florida

How do I know if my child’s Erb’s Palsy was caused by medical negligence?
If your child was diagnosed with Erb’s Palsy, it is essential to determine whether a medical professional’s actions or inactions contributed to the injury. Common signs of negligence include excessive force during delivery, improper use of delivery tools, failure to recognize complications, or a delayed decision to perform a C-section. A birth injury lawyer can review medical records, consult with experts, and determine whether malpractice played a role in your child’s condition.

What are the legal grounds for an Erb’s Palsy lawsuit?
To file a lawsuit, you must prove that a healthcare provider failed to meet the accepted standard of medical care, directly causing the injury. This may include demonstrating that the doctor or medical staff used excessive force during delivery, failed to address complications like shoulder dystocia appropriately, or did not take the necessary precautions to prevent nerve damage. If negligence can be established, you may be eligible for compensation.

What types of damages can I recover in an Erb’s Palsy lawsuit?
Families may be entitled to compensation for medical expenses, including doctor visits, physical therapy, and potential surgeries. Additional damages may include pain and suffering, loss of future earning potential if the child experiences long-term disability, emotional distress, and costs associated with assistive devices or home modifications. The exact amount of compensation will depend on the severity of the injury and its impact on the child’s life.

How long do I have to file an Erb’s Palsy lawsuit in Florida?
Florida law generally requires medical malpractice claims to be filed within two years of discovering the injury. However, in birth injury cases, the deadline may be extended if the injury was not immediately apparent. A lawsuit cannot be filed more than four years from the date of the medical negligence, except in rare cases involving fraud or concealment. Speaking with a birth injury attorney as soon as possible ensures that your case is filed within the statute of limitations.

How long does an Erb’s Palsy lawsuit take?
The timeline for resolving an Erb’s Palsy lawsuit varies depending on the complexity of the case, whether the defendant is willing to settle, and if the case goes to trial. Some cases may reach a settlement within a few months, while others may take years if litigation is necessary. An experienced birth injury attorney will work diligently to resolve the case as efficiently as possible while ensuring you receive the full compensation you deserve.

Contact Rafferty Domnick Cunningham & Yaffa Today

If your child’s Erb’s Palsy was caused by medical negligence, do not wait to take legal action. At Rafferty Domnick Cunningham & Yaffa, our attorneys are ready to fight for your family’s rights and help you obtain the compensation your child deserves.

Let us help you secure justice and build a brighter future for your child. Contact us to schedule a free consultation today.