How to Navigate a Brachial Plexus Injury Lawsuit in Florida

Gregg Hollander | November 4, 2026 | Medical Malpractice

A brachial plexus injury can leave a child with weakness, limited movement, or paralysis in the shoulder, arm, or hand. For parents, the difficult question is why it happened. Some injuries occur despite appropriate medical care. Others may result from excessive force, delayed action, or another problem during labor and delivery. That distinction is at the center of a Florida brachial plexus injury lawsuit.

These cases often turn on details in the medical chart: how quickly shoulder dystocia was recognized, what maneuvers were used, whether excessive traction was applied, and whether the child’s pattern of nerve damage is consistent with appropriate obstetric care.

Hollander Law Firm represents families in medical malpractice cases involving permanent injuries. Our team can investigate the delivery, obtain review from qualified medical professionals, and determine whether the evidence supports a claim under Florida law.

Get started with a free consultation by calling (561) 347-7770 or filling out our online form.

What Is a Brachial Plexus Injury?

The brachial plexus is a group of nerves that helps control movement and feeling in the shoulder, arm, and hand. A brachial plexus injury happens when those nerves are stretched, torn, or otherwise damaged.

During birth, this can happen when the baby’s head and neck move in one direction while the shoulder is pulled or held in the other. That can place too much tension on the nerves.

In a newborn, the injury may affect how well one arm moves. A child may have weakness, reduced movement, or, in more serious cases, very little movement in the affected arm.

You may also hear different names for brachial plexus injuries depending on which nerves were damaged:

Erb’s palsy. This usually affects the shoulder and upper arm, making it difficult for a child to lift or rotate the arm.
Klumpke’s palsy. This more often affects the lower arm and hand and can interfere with wrist, hand, or finger movement.

Some brachial plexus injuries improve as the nerves heal. Others are more serious and can cause lasting problems with strength, movement, or use of the arm and hand. Some children need physical therapy, and more severe injuries may require surgery.

Did My Child’s Brachial Plexus Injury Result from an Unavoidable Birth Complication or My Provider’s Malpractice?

A brachial plexus injury does not automatically mean that an obstetrician, nurse, midwife, or hospital committed malpractice. Florida requires evidence that a healthcare provider departed from the level of care, skill, and treatment considered acceptable and appropriate by reasonably prudent similar providers and that the departure caused the injury.

Florida law specifically states that the existence of a medical injury by itself does not create a presumption of negligence.

This issue is particularly important when shoulder dystocia is involved. Shoulder dystocia occurs when, after the baby’s head is delivered, a shoulder becomes lodged behind the mother’s pelvic bone. Shoulder dystocia is an unpredictable and unpreventable obstetric emergency.

That means the occurrence of shoulder dystocia itself generally does not prove negligence. The investigation instead focuses on how the delivery team responded and whether its decisions were reasonable under the circumstances.

Relevant questions may include:

How was the shoulder dystocia recognized and managed? Delivery records may document when the complication was identified, what maneuvers were used, who performed them, and how the baby responded.
Was excessive traction applied? Medical experts may evaluate whether the documented delivery technique and the pattern of nerve damage are consistent with appropriate efforts to complete the birth or support an allegation of excessive force.
Were known risks evaluated before delivery? A larger estimated fetal size, maternal diabetes, prior shoulder dystocia, or other factors may be considered in the analysis. Still, risk factors alone do not prove that a cesarean delivery was required.
Was the delivery adequately documented? Nursing notes, fetal monitoring records, delivery notes, timing information, and accounts from the clinicians involved may help reconstruct events that occurred quickly in the delivery room.
What does the child’s injury show? Neurological examinations, imaging, electromyography, surgical findings, and the child’s recovery over time may help specialists determine the location and severity of the nerve damage.

At Hollander Law Firm, we use the complete medical timeline rather than a single diagnosis or chart entry to evaluate these cases. That can include prenatal records, labor and delivery documentation, newborn examinations, specialist evaluations, therapy records, imaging, and later evidence showing lasting damage.

How Long Do I Have to Bring a Brachial Plexus Lawsuit?

Florida medical malpractice claims are generally subject to a two-year statute of limitations. The two-year period usually begins when the malpractice occurred or when the injury was discovered, or reasonably should have been discovered.

Florida also has a four-year deadline, which generally prevents a claim from being filed more than four years after the medical incident, regardless of when the claim was discovered.

Because brachial plexus claims involve children, an important exception may apply. Florida law states that the four-year statute of repose does not bar a medical malpractice action brought on behalf of a minor on or before the child’s eighth birthday. In practical terms, this can give families additional time when an injury occurred at birth.

However, the two-year discovery deadline can still matter, and the facts that trigger that deadline may vary from case to case.

FAQs

Does NICA Apply to Brachial Plexus Cases?

Usually not when the child has only a brachial plexus injury.

The Florida Birth-Related Neurological Injury Compensation Plan program (NICA) generally applies to certain severe birth-related injuries that:

Involve the brain or spinal cord,
Are caused by oxygen deprivation or mechanical injury,
Cause severe permanent impairment, and
Meet birth-weight requirements.

The brachial plexus is a network of peripheral nerves, so an isolated brachial plexus injury generally does not fit that definition. NICA may still need to be considered when a child suffered additional brain or spinal cord injuries during the same delivery.

Can I Recover Brachial Plexus Compensation?

Yes, compensation may be available when medical negligence caused your child’s brachial plexus injury and the injury resulted in measurable losses.

Potential compensation may include:

Medical expenses. This can include hospital care, specialist visits, imaging, medications, and other treatment related to the injury.
Therapy and rehabilitation. Physical and occupational therapy may be needed to improve strength, movement, and function.
Surgery and medical equipment. Some children may require nerve surgery, orthopedic procedures, braces, splints, or other supportive devices.
Future care needs. A permanent injury may require treatment, therapy, or assistance for years as the child grows.
Loss of future earning ability. If the injury causes lasting limits on arm or hand function, it may affect the child’s ability to work in adulthood.
Noneconomic harm. Florida law may also allow recovery for the physical and emotional effects of a permanent injury.

The value of a claim depends heavily on how much function the child is expected to regain and what limitations are likely to remain. Medical specialists and other qualified professionals may be needed to explain those long-term effects before the full amount of compensation can be evaluated.

Do I Need an Attorney to File a Brachial Plexus Injury Malpractice Claim?

You are not legally required to have an attorney, but a brachial plexus lawsuit can be difficult to evaluate and prove without one.

A lawyer can help determine whether the injury was caused by medical negligence or by a complication that could have occurred even with appropriate care. That usually requires reviewing the labor and delivery records, the child’s medical history, and the type and severity of the nerve damage with qualified medical professionals.

An attorney can also help by:

Identifying who may be responsible,
Preserving and developing evidence,
Proving causation,
Evaluating long-term losses,
Negotiating with the insurer, and
Representing you during the litigation process.

The value of legal representation in these cases lies in building the medical and factual evidence needed to show why the injury occurred and what it may mean for your child’s future.

Several healthcare providers may be responsible if their negligence contributed to your child’s brachial plexus injury. Who can be held liable depends on what went wrong during labor or delivery and each provider’s role in causing the injury.

Potentially responsible parties include:

Obstetricians and other physicians,
Nurses and other medical staff, and
Hospitals and healthcare facilities.

In Florida, a hospital is not automatically responsible for every mistake made by a doctor who delivers babies there. Some physicians are independent contractors rather than hospital employees. However, a hospital may still be liable under certain circumstances, depending on its relationship with the physician and its own conduct.

At Hollander Law Firm, we can investigate the actions of everyone involved in the delivery, determine who may be legally responsible, and pursue claims against the appropriate parties.

Talk to The Hollander Law Firm About Whether You Should Consider a Brachial Plexus Lawsuit

A brachial plexus injury lawsuit requires an examination of how the injury occurred and whether the medical team followed accepted standards of care during delivery. When negligence caused permanent nerve damage, any recoverable brachial plexus compensation must account for the child’s long-term medical needs and the effects of the injury on daily life.

Hollander Law Firm has handled medical malpractice and catastrophic injury matters in South Florida for more than 30 years. Our team investigates medical records and works with appropriate medical professionals to determine what the standard of care required, what occurred during treatment, and whether the difference caused permanent harm.

Contact us online or call (561) 347-7770 to discuss your child’s injury and the medical and legal questions that still need answers.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process: