Naples Erb’s Palsy & Shoulder Dystocia Lawyer

Shoulder dystocia is a complication that occurs during birth when an infant’s head is delivered, but one or both shoulders become lodged behind the pelvic bone of their mother. Also, it can cause an injury called Erb’s palsy, which affects the network of nerves controlling movement in the newborn’s shoulders and arms. When this type of injury results from negligence, parents can pursue compensation with support from a Naples Erb’s palsy & shoulder dystocia lawyer.

Spangenberg Shibley & Liber: Dedicated Childbirth Attorneys Serving Naples

Welcoming a newborn into the world should be a joyous occasion. When medical malpractice leads to a preventable injury, Spangenberg Shibley & Liber can provide you with unwavering support as you pursue accountability and justice.

Our dedicated team of medical malpractice lawyers focuses on injury claims that can lead to large settlements, and we have secured more than $1 billion* for our clients since our firm’s founding in 1946. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

When you are represented by our respected law firm, you gain support from a team of attorneys who have been recognized by prominent legal groups like The National Trial Lawyers, Best Lawyers, and Super Lawyers. Keep in mind that awards and recognition are not guarantees of future results.

We provide strategic support and trial readiness for every claim we manage. From Talis Park to Pine Ridge, locals across Naples count on our team for their injury claims.

Trust our dedicated medical malpractice team and personal injury lawyers to provide your family with the support and accountability you deserve.

Understanding Erb’s Palsy & Shoulder Dystocia

Erb’s palsy & shoulder dystocia are distinct but related birth-related injuries. Brachial plexus injuries are rare overall, but they are much more likely to occur when a baby experiences shoulder dystocia during delivery.

Studies estimate that upward of 50% of shoulder dystocia cases result in this type of birth injury, while 27.5% of identified shoulder dystocia cases also involve a brachial plexus birth injury. When an infant’s shoulders lodge behind a mother’s pelvic bone after delivery of the head, the resulting medical emergency requires prompt medical intervention.

If the shoulder is not safely released, strain on the brachial plexus nerve can potentially lead to Erb’s palsy. Depending upon the severity of the injury, an infant could suffer from muscle weakness, loss of movement, or permanent impairment that affects the newborn’s shoulder, arm, or hand. To prevent these types of injuries, healthcare workers are expected to monitor the newborn and recognize risk factors for complications.

Using accepted obstetrical maneuvers to relieve the impacted shoulder, avoiding excessive force on the baby’s neck or head, and performing a timely cesarean delivery when vaginal birth presents an unreasonable risk of injury can all greatly reduce the newborn’s risk of suffering a serious and potentially life-altering injury.

Facilities like Family Birth Center and The BirthPlace at NCH at North Naples Hospital operate in our area, which means that locals expect high-quality healthcare. Yet, when providers provide substandard care, patients deserve justice. The first step is often to gather evidence while it is available in order to establish fault. It can be hard to build a case alone, so parents can hire an attorney and explore legal options, including filing a medical malpractice claim.

Establishing Fault After a Birth Injury

A successful medical malpractice claim should demonstrate that an injury resulted from a healthcare provider’s failure to deliver an acceptable standard of care. Medical procedures and childbirth carry inherent risks, and an injury alone may not provide legal grounds for a claim that can lead to compensation.

Establishing fault often requires support from an experienced injury lawyer who can review prenatal records, labor and delivery notes, and other medical records to find instances where a doctor failed to anticipate risks or to respond to an urgent situation effectively. If the doctor applied excessive traction to the newborn, that could cause an injury.

An examination of the evidence may uncover a situation where a cesarean section should have been conducted. These cases are often complex, and Florida’s pre-suit requirements require claimants to get a written, verified opinion from a medical expert showing there are reasonable grounds to prove malpractice before filing their initial claim with the court. When you work with a lawyer, they retain a medical expert on your behalf to review your potential claim.

How Can I Be Compensated?

The average amount of the top medical malpractice verdicts in 2024 was $56 million, showing the upper end of what an effective medical malpractice claim can secure for parents of injured newborns. If your child was injured during childbirth due to gross negligence on the part of a doctor, you can be compensated for the lasting harm your baby suffered.

By gathering evidence and building a strong claim, an injury lawyer can initiate direct talks that could lead to a settlement that resolves the dispute. If those negotiations fail to resolve the matter, your lawyer can file a civil court claim seeking full compensation for the preventable injury. A settlement or court verdict could provide compensation for:

• Past and future medical expenses
• Physical, occupational, and speech therapy
• Rehabilitation, assistive devices, and mobility equipment
• Home modifications and other accommodations for long-term disabilities
• Special education services and other developmental support
• Physical pain and emotional suffering, emotional distress, and diminished quality of life
• Lost future earning capacity and other long-term financial losses related to the injury
• Wrongful death damages when a preventable birth injury results in the loss of a child, where permitted by law

The outcome of any injury claim depends on the degree of negligence and the plaintiff’s ability to clearly establish fault. Beyond financial compensation, legal action can also cause policy changes that can prevent future harm to newborns at that hospital.

Reasons to Hire an Erb’s Palsy & Shoulder Dystocia Lawyer Serving Naples

Medical malpractice claims can lead to significant settlements and court verdicts, but only when the injured party takes the time to hire the right legal support. When you hire an Erb’s palsy & shoulder dystocia lawyer, you partner with an Erb’s palsy & shoulder dystocia attorney who can gather the evidence that is needed to meet the burden of proof in these cases.

If your baby shows symptoms of Erb’s palsy & shoulder dystocia, an attorney can further discuss your legal options and explain what compensation may be available under Florida law. You may pursue compensation for:

• Past and future medical bills
• Therapy and rehabilitation
• Assistive equipment
• Lost earning capacity
• Pain and suffering
• Loss of quality of life
• Punitive damages, when applicable

Erb’s palsy & shoulder dystocia cases can present unique challenges, and hospitals may go to great lengths to contest liability or minimize settlement offers. Legal support can play a crucial role in keeping the case focused on the evidence and the serious harm and setbacks your family suffered due to the negligence of a doctor or other healthcare provider.

FAQs

Q: Can You Pursue Compensation for a Shoulder Dystocia Birth Injury?

A: Yes, you can pursue compensation for a shoulder dystocia birth injury. If a healthcare provider failed to recognize certain risk factors or to respond to an emergency during childbirth, they could be held liable for harming the newborn. Establishing fault is a crucial first step for anyone seeking compensation for a preventable injury to their newborn. Importantly, you have limited time to file a medical malpractice claim in Florida.

Q: What Causes Erb’s Palsy?

A: Erb’s palsy is caused by an injury to the brachial plexus, the network of nerves that controls movement and sensation in the shoulder, arm, and hand. The injury most commonly occurs during a difficult delivery involving shoulder dystocia, when excessive traction is applied to the baby’s neck or head while attempting to deliver the shoulders. Although some cases occur despite appropriate medical care, others may result from preventable mistakes.

Q: What Is the Average Birth Injury Settlement?

A: The outcome of any medical malpractice claim varies widely, so there is no “average” settlement amount for these types of cases. An injury lawyer can review medical records, document the harm your family suffered, and provide you with a more accurate assessment of how much you may be owed. When a family’s newborn suffers harm due to a serious medical error, compensation can reflect the tangible and intangible losses that followed.

Q: Is Erb’s Palsy Considered a Disability?

A: Erb’s palsy often leads to long-term harm and even a lifelong disability. Some newborns recover with proper medical support, while others may deal with permanent weakness, limited mobility, and even loss of function. The long-term impact of this type of injury can also cause hardships for both the baby and their parents. A fair injury settlement or court verdict can address those losses.

Q: How Do You Prove a Birth Injury Was Caused by Medical Negligence?

A: In Florida, proving that a birth injury was caused by medical negligence requires a focused approach and support from an experienced injury lawyer. When you work with a law firm that has managed these types of cases before, you can be fairly compensated. Hospitals have their own legal teams, which is why hiring your own strong representation should be your top priority after your newborn suffers a preventable injury.

Contact Spangenberg Shibley & Liber

A preventable birth injury can leave a child facing years of medical treatment, therapy, and other challenges. If your family believes Erb’s palsy, shoulder dystocia, or another birth injury resulted from medical negligence, Spangenberg Shibley & Liber is prepared to investigate the circumstances surrounding the delivery. Let’s discuss your available options and help you take action.

Since 1946, our firm has recovered more than $1 billion* for injured clients through strategic settlements and courtroom advocacy. Contact us today to learn how we can pursue the financial resources your child may need now and in the future.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Awards and recognition are not guarantees of future results.