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When a child is diagnosed with Erb’s palsy, parents often feel scared, frustrated, and unsure where to turn. Many wonder, can you sue for Erb’s palsy in Florida? The answer is yes, you can file a claim when medical negligence during childbirth caused the injury. A lawsuit may help recover compensation for medical expenses, therapy, adaptive equipment, and the emotional toll your family has endured. To succeed, you must show that a healthcare provider failed to meet professional standards of care and that your case falls within Florida’s legal deadlines. At Hersh Kirtman, we know how overwhelming this experience can be. Our attorneys work closely with families to seek justice and financial recovery.
Speaking with a Boca Raton Birth Injury Lawyer is an essential first step toward protecting your child’s future and finding peace of mind.
Your Healing Starts With Justice
Parents or legal guardians may bring an Erb’s palsy lawsuit if they believe a medical error caused their child’s injury. These claims are a type of medical malpractice, where a provider’s mistake during delivery damages the baby’s brachial plexus nerves. According to OrthoInfo, this can occur when a baby’s shoulders become lodged during birth and excessive force is used to deliver the child. A successful claim can help cover the costs of medical care, ongoing therapy, and the emotional challenges that often accompany it.
To move forward, parents must prove the injury could have been avoided if reasonable care had been used. In Florida, families generally have two years from the date the injury was discovered under Florida Statute 766.313. Acting promptly helps protect your right to file and ensures crucial evidence is preserved.
Winning an Erb’s palsy case comes down to showing exactly how poor medical decisions during delivery caused your child’s injury. Hospital records, delivery notes, and evaluations from medical professionals help reconstruct what went wrong during the delivery. Things like extended labor, signs of fetal distress, or misuse of forceps can reveal where the medical team fell short. Outside medical experts usually examine these cases to assess whether better care could have prevented the injury.
The evidence that matters most in an Erb’s palsy claim often includes:
A reasonable attorney pulls all this together to tell your child’s story, not just what happened during birth, but how the injury affects their everyday life now. This information creates a clear picture of what went wrong and why your family deserves compensation for the challenges ahead.
Pursuing an Erb’s palsy claim takes careful planning and attention to detail. Taking early action allows your legal team to gather medical records, consult experts, and meet strict state filing deadlines.
The process begins with a consultation, during which an attorney reviews your medical records and listens to your story. If there’s enough evidence to move forward, a Notice of Intent to Sue is filed to notify the healthcare provider. During the pre-suit investigation period, both sides share information and expert reports to determine whether the case can be resolved. If no agreement is reached, the lawsuit proceeds to court, where a jury decides on liability and compensation.
Staying involved and maintaining open communication with your lawyer helps keep the process transparent and manageable. Understanding each step ensures that your family feels supported and informed throughout the process.
Personal Injury Lawyers in Boca Raton At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Your Recovery is Our Mission.
Let’s Make It Happen.
Families pursuing an Erb’s palsy lawsuit in Florida may seek compensation for both financial and emotional losses. Economic damages may cover hospital costs, rehabilitation, assistive equipment, and long-term care needs. Non-economic damages address pain, stress, and the overall loss of enjoyment in life. In rare cases, punitive damages may be awarded if the medical professional’s actions were especially reckless.
Compensation in an Erb’s palsy claim may include:
These funds can help families manage care expenses and give the child access to the best possible resources for recovery. Every case is unique, and compensation depends on the severity of the injury and its long-term consequences. An experienced attorney can help calculate the value of your claim and fight for a fair resolution.
If a doctor’s mistake led to your child’s Erb’s palsy, you shouldn’t have to wonder what happens next or feel like you’re on your own. At Hersh Kirtman, we help Boca Raton families make sure the people responsible are held accountable, because your child deserves every chance at the best possible future.
Give us a call at 561.208.3700. We’ll sit down, go over what happened, and help you figure out what comes next.
Founding Partner A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories. Years of experience – Over 15 years
Michael Hersh
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
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