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When Nerves Are Torn, Questions Surge: Is Erb’s Palsy Grounds for a Lawsuit?
Erb’s palsy strikes one to two babies per 1,000 births, usually after shoulder dystocia or excessive traction during delivery. Florida law treats those lapses as malpractice when care deviates from accepted standards, giving parents the right to sue for lifelong therapy, surgeries, and lost earning capacity. Percy Martinez begins every intake by matching delivery notes against brachial plexus injury protocols so families know, within five business days, whether negligence caused their child’s paralysis and what that finding could be worth in court. Serving clients across Miami, Tampa, Orlando, and the entire Gulf Coast, our firm positions each case to lead both Google and courtroom verdict sheets.
Do You Qualify? The Three Part Negligence Test Every Florida Court Uses
To move forward, your claim must show a duty of care, a breach such as forceful use of forceps, and direct causation of permanent or partial nerve damage. Percy Martinez secures neonatal records, fetal heart rate strips, and operative notes within 30 days, then pairs them with sworn affidavits from obstetric and pediatric neurology experts to satisfy Florida’s presuit screening under §766.106. This data driven approach often doubles early settlement offers because insurers see the full trial blueprint before litigation begins.
Filing Deadlines & NICA: How Florida’s Clock Really Ticks
Most malpractice actions must start within two years of discovering the injury, yet birth injuries enjoy unique tolling: parents can file any time before the child’s eighth birthday under §95.11(4)(b). A separate five year window applies if you elect NICA compensation, but that program excludes pain, suffering, and many therapy costs and can bar future lawsuits. Percy Martinez audits whether NICA helps or hinders; in brachial plexus cases the answer is usually litigation, because Erb’s palsy often falls outside NICA’s neurological brain mandate. Act fast: records age, and presuit notice adds another 90 day pause.
| Claim Path | Deadline | Statutory Source |
|---|---|---|
| Med mal lawsuit | 2 yrs discovery / 4 yrs repose; child’s 8th birthday latest | §95.11(4)(b) F.S. |
| NICA claim | 5 yrs from birth | §766.305 F.S.; admin rule |
| Presuit notice | 90 days before filing | §766.106 F.S. |
What’s at Stake? Typical Damages and 2025 Payout Data
National Erb’s palsy settlements average $750k, but Florida verdicts surpassed $1.2 million in a 2024 Miami case when lifelong therapy costs topped projections. Compensation covers past and future medical bills, adaptive equipment, lost wages, and non economic loss, crucial because 10 to 30 percent of children sustain permanent deficits despite early treatment. Percy Martinez’s damages team models lifelong care using Florida CPT and CMS cost benchmarks, converting line item needs into a verdict range that insurers respect and courts can trust. Clean accounting means every dollar withstands Medicaid lien audits and probate court review.
Evidence Wins Cases: Our Proven Investigation Pipeline
Within 48 hours of engagement, we secure fetal heart rate tracings, nursing shift logs, and anesthesiology records, often the hidden timeline of excessive traction. We cross reference those documents with peer reviewed OB guidelines to show breach, then add brachial plexus ultrasound or EMG results that confirm causation. Percy Martinez’s litigation lab in Brickell turns that data into jury ready visuals, while local counsel in Tampa and Orlando file preservation letters so no record goes missing. Families see every exhibit in our secure portal, giving them transparency all the way to mediation or trial.
Timeline, Costs, and Payout Transparency You Can Trust
Most Erb’s palsy suits resolve within 18 to 30 months. Percy Martinez advances all litigation expenses, refunded only if we win, keeping your household budget intact. Settlement funds flow through a qualified settlement trust, and our Recovery Ledger app tracks every lien so you never face surprise offsets. We also coordinate with tax advisors to shield structured payouts, because the IRS scrutinizes large medical settlements under 2025 guidance. The result: clean revenue, smooth audits, and certainty that your child’s care plan is fully funded.
Your Next Step: Free Statewide Birth Injury Audit in Five Days
Wondering if your baby’s weak arm is grounds for a claim? Percy Martinez offers a no obligation, five business day review of delivery records and statute deadlines. You’ll leave with a clear yes or no answer, an estimated verdict range, and an evidence checklist: no fee, no risk. Call, chat, or visit our offices in Miami’s Brickell district, Downtown Tampa, or Lake Eola to put Florida’s leading Erb’s palsy team on your side today.
Disclaimer: This page provides general information, not legal advice. Outcomes depend on specific facts. Consult qualified counsel for personalized guidance.
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