Brachial Plexus Injury Lawyer Miami, FL
Has your child been born with a brachial plexus injury? Do you believe the injury happened because of carelessness on part of the doctor or medical staff? If so, please call a brachial plexus injury lawyer Miami, FL trusts today. Call Needle & Ellenberg, P.A.
The brachial plexus is a group of nerves that sends signals from the spine to the shoulder, arm, wrist, and hand. When these nerves become stretched or ruptured, the person could lose complete feeling in their arm. In a worst case scenario, they could be permanently paralyzed.
Like other birth injuries, learning that your newborn baby has Erb’s Palsy can cause a great deal of concern. Your baby may be physically stressed, and you may be facing enormous amounts of emotions, as well as, financial struggles. These struggles can be inherent in medications, surgeries, treatment, and other necessary medical care. When combined, the family unit may be in a turmoil; thus, hindering the ability to heal and move forward in life. This is a tough time; however, you don’t have to navigate it on your own. If you believe a medical error caused your baby to develop Erb’s Palsy, please call a brachial plexus injury lawyer in Miami from Needle & Ellenberg, P.A.
If your child suffered a shoulder injury at birth and you are in need of a Brachial Plexus Malpractice Lawyer in Miami, FL then call Needle & Ellenberg, P.A. without hesitation. Brachial plexus injuries during birth are almost always associated with the occurrence of shoulder dystocia. Shoulder dystocia occurs when one of the baby’s shoulders (although on rare occasions it can be both) becomes lodged up against the mother’s pubic bone during delivery. Unfortunately, medical staff errors or negligence could have caused this situation to happen.
Our firm is staffed with experienced lawyers who have handled numerous cases on behalf of families with children who suffered severe shoulder dystocia due to medical negligence. Give us a call today to discuss your specific case in a no-cost consultation. Based in Miami and Fort Lauderdale, our team can serve clients in communities throughout Florida.
How Negligence May Be a Factor
In many personal injury cases, the victim in the incident relies on the legal element of negligence to connect what happened to how it was another’s fault. Essentially, negligence means that a person had a duty of care to another, and had broken that responsibility. Duty of care is a term used in legal cases that refers to the obligation a person has that prevents causing harm to someone else.
As a Miami, FL Brachial Plexus Malpractice Lawyer may explain to you, in order to prove that person was negligent, it must be shown why there was a duty of care and how the offender breached this responsibility. If the victim had suffered financially, physically, and emotionally due to the incident, then the offender may have to pay up in monetary compensation.
Demonstrating Negligence
After a Brachial Plexus Malpractice Lawyer in Miami consults with you about your circumstances and exactly what happened, we can make a plan of action for how to show demonstrate negligence and breach of care occurred. However, to have a foundation for a personal injury lawsuit regarding negligence, actual damages and losses must have resulted directly from the breach of duty.
For instance, car drivers have a duty of care to operate their vehicle in a manner that is reasonably safe at all times. If a driver violated rules of the road, then they can be said to have breached their duty of care to others, such as drivers, pedestrians, and passengers. But, those involved in the incident must have suffered in some way in order to seek compensation for the negligence.
Other Examples of a Breach in Duty of Care
There are a number of instances in which a duty of care can be breached between two parties. Your Brachial Plexus Malpractice Lawyer in FL can talk with you further about your current situation and help you decide whether a breach in duty of care did in fact occur, and how much you may be entitled to compensation. A few of the most common personal injury accidents regarding negligence include:
- Medical malpractice: doctors, nurses, and other medical personnel are held to the standard of always providing treatment that is up to par with other competent health care professionals. A breach in duty can occur if a medical professional offered treatment that another provider would not have under closely similar circumstances.
- Defective product: the seller, manufacturer and/or distributor of a product has a duty to produce items that are reasonably safe and don’t present unanticipated dangers to consumers. If there is a risk for harm, then it must be clearly stated with an obvious warning label.
- Slip and fall: a business owner or company has a legal responsibility to keep their premises hazard-free, and must respond in a timely manner if dangers present themselves. If an owner had known about a dangerous issue and did not respond with a sense of urgency or did but failed to reduce the risk, then they may face a negligence lawsuit.
When Doctors or Nurses Fail
There are specific maneuvers that must be followed in order to deliver the baby without injury. When the doctor or nurses fail to follow these maneuvers, and delivering health care provider (either doctor or nurse midwife) exerts excessive lateral traction on the baby’s head and neck, the nerves of the baby’s brachial plexus in the stuck shoulder become stretched to the point of tearing.
As a Miami Brachial Plexus Malpractice Lawyer is aware, the tear can occur at the meeting point of the nerve with the spinal column or at a point along the nerve itself. When the nerve heals itself, a neuroma may form. The condition can be significantly improved by surgery to repair the nerve with one taken from another part of the baby’s body (usually the leg). There are less than a handful of doctors in the United States who perform this surgery.
Our law firm is experienced in representing clients in brachial plexus and other birth injury cases. To schedule a confidential consultation with a skilled Brachial Plexus Malpractice Lawyer in Miami, FL at Needle & Ellenberg, P.A. call (305) 530-0000, 877-810-2864 or email us!
When To Hire A Brachial Plexus Malpractice Lawyer
The Need for a Brachial Plexus Malpractice Lawyer
Navigating a claim can be daunting, as a Miami, FL brachial plexus malpractice lawyer knows. While many incidents result from natural causes or complications during childbirth, some are the direct outcome of a medical professional’s negligence. In such situations, it’s essential to know when and why you should consider hiring a brachial plexus malpractice lawyer.Identifying the Cause of Injury
Brachial plexus injuries typically occur during childbirth when there is excessive pulling on the baby’s head and neck, especially during a breech delivery or prolonged labor. However, it’s crucial to differentiate between a naturally occurring complication and one that’s the result of negligence. If you think that the injury could have been prevented with the right care, you are encouraged to seek legal counsel.
Understanding the Long-term Implications
Brachial plexus injuries can lead to lifelong complications, including partial or full paralysis of the arm. Victims experience a range of financial, emotional and physical burdens that come with their injuries. A lawyer specialized in this field can help calculate the lifetime costs associated with the injury, ensuring that families receive the compensation they need to cover medical bills, therapy, and other essential services.
Navigating the Complex World of Medical Malpractice
One of the challenging things about medical malpractice law is that they are highly intricate. Knowing the right steps to take, understanding the statute of limitations, and having familiarity with the legal nuances can make a significant difference in the outcome of a case. By hiring a Miami brachial plexus malpractice lawyer, you’ll have an expert who knows the ins and outs of the local legal landscape, ensuring you have the best chance for a favorable outcome.
Achieving a Just Compensation
While no amount of money can truly compensate for the physical and emotional trauma caused by a medical injury, ensuring that you have the financial resources to cater to the needs of your injured child is crucial. Lawyers specialized in brachial plexus malpractice cases have experience negotiating with insurance companies and can fight for a fair settlement on your behalf. They can also advocate for you in court, if necessary, to ensure that you receive the justice you deserve. A Miami brachial plexus malpractice lawyer will be able to serve as your advocate in court if necessary.
Peace of Mind in Trying Times
When faced with the aftermath of a brachial plexus injury due to malpractice, having a trusted legal partner can offer invaluable peace of mind. It is comforting and reassuring to know that a committed legal professional is there to support you through every step. At Needle & Ellenberg, P.A., we understand the gravity of such situations and are committed to ensuring that our clients receive the best possible representation.
Meet With A Lawyer
If you suspect that your child’s brachial plexus injury resulted from medical negligence, don’t hesitate to seek professional guidance. With a skilled Miami brachial plexus malpractice lawyer by your side, you can navigate this challenging terrain with confidence. Contact a trusted Miami brachial plexus malpractice lawyer for a consultation as soon as possible so that you can receive legal assistance.
Why Can a Newborn Suffer a Brachial Plexus Injury?
The majority of infant brachial plexus injuries are a result of the baby’s neck or head being overly stretched during the birthing process. As a birth injury lawyer Miami, FL families trust, we know of cases that involved this injury because of the following actions:
Excessive Pressure Was Placed on the Baby’s Head – It is possible for the baby’s shoulder to become lodged up against the mother’s public bone. When this happens, the doctor might put extreme pressure onto the baby’s shoulders or head. Often, this does result in nerve damage to the brachial plexus.
Breech Birth – When the baby is born with their feet first instead of the head, it is considered to be a breech birth. Extra pressure is often placed onto the baby’s neck, shoulders, and head. In general, a doctor should identify a breech position before the mother goes into labor. This can prevent a number of injuries, including a brachial plexus injury.
Improper Use of Forceps – Some mothers might struggle to deliver the baby without help from forceps. These can be very useful, but if improperly used, the baby’s neck and shoulders can become strained.
Improper Use of Vacuums – A doctor might choose to use a vacuum to deliver the child safely. This equipment can be difficult to use which is why any staff using it must be properly trained. As a brachial plexus injury lawyer in Miami, FL might tell you, birthing vacuums are known to cause nerve damage to infants.
Can a Brachial Plexus Injury Be Treated?
It is possible to treat a brachial plexus injury. How the baby is treated will depend on the severity of the injury. For minor injuries, rest and time will typically heal it. If the nerve was torn away from the tissue, surgery and rehabilitation may be required. Even then, the risk of permanent damage is significant.
The Cause of Erb’s Palsy
Erb’s Palsy is also known as brachial plexus palsy, or shoulder dystocia. The medical condition is an injury that is caused by separating, moving, damaging, or severing the brachial plexus nerves that connect the arm and shoulder. When a medical doctor, nurse, or other practitioner pulls, tugs, or yanks too hard on the baby’s arm, the nerves can become damaged. Another way Erb’s Palsy can occur is when a doctor fails to diagnose potential risks and complications pre-delivery. For example, the baby’s shoulder can be put in an abnormally stressful situation when it becomes caught on the mother’s pubic bone, when the baby is in a breech position, or when the baby is too big for the mother’s birth canal. These things should be diagnosed before birth; thereby, allowing for a cesarean surgery.
Can Erb’s Palsy Be Prevented?
As a brachial plexus injury lawyer in Miami might explain to you, the position of a baby in the womb cannot be controlled. However, it is possible to view the position, via ultrasound, and allow the doctor to make a decision on whether a c-section should be performed. Likewise, if the shoulder is caught around the pubic bone, the doctor can reposition the mother; thereby, allowing the baby to move around it.
It is the duty of a medical doctor to deliver the baby as safely, and as quickly as possible. When preventative measures are not in place, and Erb’s Palsy occurs, you may be able to recover compensation with the help of a brachial plexus injury lawyer in Miami.
Can A Settlement Help A Baby Born with Erb’s Palsy?
When Erb’s Palsy is diagnosed early on, therapy can begin immediately so as to encourage the baby to heal. If this is done, it may be possible for the child to continue through their early developmental stages with little to no long term effects. Therapy can be costly, and for parents who are unable to afford it, they might feel rushed into starting it. This is one way that a settlement may be able to help. A brachial plexus injury lawyer in Miami can help to take the weight off your shoulders by preparing all, or a majority, of the claim. If your baby needs medical treatment before the claim is settled, a medical lien may be organized for you. The most important thing to consider is the wellbeing of your baby. If he or she has been diagnosed with Erb’s Palsy, please do not wait to begin therapy. Call a birth injury lawyer in Fort Lauderdale, FL or Miami, FL for help and advice.
Contacting a Miami, Florida Brachial Plexus Injury Lawyer
If your child suffered an unfortunate brachial plexus injury at the time of their birth, there is a good chance malpractice is a factor. Compensation for medical bills, rehabilitation, future treatment, pain, suffering, and more could be available. For years Needle & Ellenberg, P.A., has been helping families and injured newborns find healing through medical malpractice claims. Learn your legal rights and options. Call a brachial plexus injury lawyer in Miami, FL to explore your legal case today.