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Brachial Plexus Malpractice Lawyer Miami FL

Brachial Plexus Malpractice Lawyer Miami FL

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!


Needle & Ellenberg, P.A. is prepared to take your Brachial Plexus malpractice case, with lawyer offices in Miami, Tampa, Orlando and Fort Lauderdale FLL