Brachial Plexus Malpractice Lawyer Tampa, FL
If your child suffered a brachial plexus injury during delivery, our attorneys are here to help. These nerve injuries can occur when a physician applies excessive traction or force during a difficult birth, and the resulting damage may range from temporary weakness in the hand or wrist to permanent loss of function across the entire arm and shoulder. The National Institute of Neurological Disorders and Stroke identifies birth trauma as one of the leading causes of brachial plexus damage in infants.
Our Tampa, FL brachial plexus malpractice lawyer has spent decades holding negligent medical providers accountable for preventable birth injuries throughout Florida. At Needle & Ellenberg, P.A., we represent families whose children were harmed by substandard obstetric care during labor and delivery. We offer free case evaluations, and every brachial plexus injury case is handled on a contingency fee basis. You pay nothing unless we recover compensation for your family.
Why Choose Needle & Ellenberg, P.A. for Brachial Plexus Malpractice in Tampa, FL?
Founding partners Andrew Needle and Andrew Ellenberg bring more than 70 years of combined experience in Florida medical negligence and plaintiffs’ injury law. Both handle plaintiffs’ injury and death cases exclusively.
Decades of Medical Malpractice Experience in Florida
Andrew Ellenberg focuses on plaintiffs’ injury and medical negligence cases, with practice concentrations that include plaintiffs’ injury and medical negligence cases across birth injury, delayed diagnosis, surgical error, anesthesia, and stroke claims. He earned his J.D. cum laude from the University of Miami School of Law in 1988. Martindale-Hubbell rates him AV Preeminent. Florida Super Lawyers has listed him every year since 2005, and The Best Lawyers in America has listed him every year since 2009 for plaintiffs’ medical malpractice and personal injury work.
Andrew Needle is Board Certified in Civil Trial Law by The Florida Bar. His practice concentrations include complex medical malpractice litigation and trial work, including multi- million dollar verdicts in cases that have tested the outer boundaries of existing Florida legal precedent. He holds a J.D. cum laude from the University of Miami School of Law (1977) and a B.S. from Cornell University (1974). He is a charter member of the Miami chapter of the American Board of Trial Advocates. Best Lawyers in America named him “Lawyer of the Year” for Medical Malpractice Law, Plaintiffs, in Miami for 2020 and 2025.
Hundreds of Millions Recovered for Clients
Needle & Ellenberg, P.A. has recovered hundreds of millions of dollars for clients across all practice areas, including multiple eight-figure results in medical malpractice matters. Many of the healthcare cases involved birth injuries, delayed diagnosis, surgical errors, anesthesia complications, and health system negligence.
No Upfront Legal Fees
We handle brachial plexus malpractice cases on a contingency fee basis. Our fees are contingent. You owe us nothing unless we recover money for your family. That structure can allow parents to pursue the case their child deserves without adding financial pressure to an already difficult situation.
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“I had a very painful experience and was assisted by Needle & Ellenberg with great care and professionalism. Andrew Ellenberg immediately studied my case and, with great attention, examined every detail to determine whether there were grounds to pursue it. He never exposed me to situations that could have worsened such a difficult moment.” – Marzia Rubich
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Types of Brachial Plexus Injury Cases We Handle in Tampa
Brachial plexus injuries during delivery can take several forms, and the long-term consequences may depend on which nerves are damaged and how severely. Some infants may recover with physical therapy over a period of months. Others may face permanent disability that could require surgery, ongoing rehabilitation, or both. Recognizing early birth injury warning signs can be critical for families navigating this process.
- Shoulder dystocia. This can occur when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. If the delivering physician uses excessive force to free the infant, the brachial plexus nerves can stretch or tear. The resulting injury can range from mild weakness to complete paralysis.
- Erb’s palsy. The most common type of brachial plexus birth injury, Erb’s palsy affects the upper nerves (C5-C6) and may cause weakness or paralysis in the shoulder and upper arm. It can be associated with improper delivery technique during a difficult labor.
- Klumpke’s palsy. This condition affects the lower brachial plexus nerves (C8-T1) and may cause weakness or paralysis in the forearm, wrist, and hand. Less common than Erb’s palsy, it can still result in significant and permanent loss of fine motor control.
- Birth injuries. Brachial plexus damage is one of many injuries that can occur during labor and delivery when providers fail to follow the accepted standard of care. Oxygen deprivation, improper use of delivery instruments, and delayed intervention can all contribute to preventable birth trauma.
- Hospital negligence. In many brachial plexus cases, the hospital itself may bear responsibility. Staffing failures, inadequate delivery protocols, and failure to respond to signs of fetal distress during labor can all form the basis of a claim.
- Wrongful birth claims. When a provider’s negligence during prenatal care or delivery leads to preventable harm, parents may have grounds for a wrongful birth claim under Florida law.
Florida Legal Requirements for Brachial Plexus Malpractice
Florida medical malpractice claims are governed by procedural and substantive rules that may differ from standard personal injury cases. A brachial plexus injury attorney in Tampa needs to understand these requirements before filing suit, and so should the families pursuing these claims.
Florida imposes strict deadlines on medical malpractice claims, and missing the deadlines can result in a potentially viable case being barred from court. Our lawyers can help you determine whether your potential case is within Florida’s statute of limitations. For birth injuries involving minors, the filing window may differ under certain circumstances.
Before any medical malpractice lawsuit can be filed in court, Florida law requires that the Claimant send the potential defendant healthcare providers a Notice of Intent, after which there is a 90-day presuit screening period for the exchange of information between the parties. With rare exception, the Claimant’s attorney must include with the Notice of Intent a verified affidavit(s), from a qualified expert(s), who under oath says what were the actions and/or omissions of the potential defendant healthcare provider(s) that caused injury and damage to the Claimant.
Florida law also requires that the plaintiff establish the prevailing professional standard of care and prove that the provider’s actions fell below that standard, causing the injury.
Families should also be aware of the Florida Birth-Related Neurological Injury Compensation Association (NICA), a state program that can apply to certain qualifying birth injuries. NICA is deeply problematic for families. The program can strip families of the right to bring a traditional medical malpractice lawsuit, and frequently provides far less than what catastrophically injured children actually need over a lifetime. As lawyers for families in this situation, we look for, if possible and appropriate, ways to keep a case out of NICA.
Important Aspects of a Tampa Brachial Plexus Malpractice Case
Proving a Deviation From Standard of Care
Every brachial plexus malpractice claim requires evidence that the medical provider acted in a way that a reasonably competent provider would not have under the circumstances. That often means examining delivery records, fetal monitoring strips, and nursing notes to pinpoint whether excessive traction was applied during a complicated delivery. These cases frequently turn on decisions made in the final minutes of labor, which is why thorough medical record review can be essential from the start. Qualified medical witnesses in the same specialty as the defendant may need to confirm that a deviation occurred and that it caused the injury.
Evaluating the Severity of Nerve Damage
Not all brachial plexus injuries carry the same prognosis. Neurapraxia, which involves stretching without tearing, may resolve within a matter of weeks. Ruptures and avulsions, where the nerve is torn partially or completely from the spinal cord, may require surgical intervention and may result in permanent impairment despite treatment. The severity of the nerve injury can directly affect both the value of the claim and the scope of future medical needs your child may face.
Identifying All Responsible Parties
A brachial plexus injury case may involve claims against the obstetrician, the nursing staff, the hospital, and sometimes the anesthesiologist. When a hospital fails to maintain adequate staffing or enforce delivery protocols, it may be liable under theories of provider negligence. Florida law allows claims against multiple defendants in the same action, and identifying every responsible party early can strengthen the case. In some situations, a midwife, a resident physician under supervision, or an outside consulting specialist may also share liability for the harm your child suffered.
Calculating Lifetime Damages
Children with permanent brachial plexus injuries may need years of physical therapy, occupational therapy, and potentially additional surgeries as they grow. Damages in these cases often include past and future medical costs, loss of future earning capacity, pain and suffering, and the expense of adaptive equipment or assistance. A Tampa brachial plexus malpractice attorney can work with medical and economic professionals to calculate the full scope of these losses, which may span an entire lifetime. Understanding how to properly file a claim can be a critical first step toward seeking that compensation.
Contact Needle & Ellenberg, P.A.
If your child suffered a brachial plexus injury during birth and you believe medical negligence played a role, we can evaluate your family’s legal options at no cost. Needle & Ellenberg offers free case evaluations for all birth injury and medical malpractice cases in Florida. Our staff speaks Spanish for clients who prefer to communicate in their primary language.
Contact us to schedule a consultation. We represent families throughout Tampa, FL and across the entire state. There is no obligation, and we are ready to review the details of your child’s case.