Can a Doctor Be Liable for Erb's Palsy in Plantation?

Understanding Erb’s Palsy and Birth Injury Liability in Plantation

Key Takeaways:Yes, a doctor in Plantation can be held liable for Erb’s palsy when the injury results from a failure to meet the accepted standard of care during labor and delivery, such as applying excessive traction or mismanaging shoulder dystocia. Liability depends on proving both a breach of the standard of care and that the breach caused the brachial plexus injury. Florida law generally requires filing within two years with a four-year repose period under Fla. Stat. §95.11(4)(b), though a minor’s exception allows certain claims on or before the child’s eighth birthday. Counsel must complete a pre-suit investigation and certify a good faith belief that negligence occurred before filing. Florida’s noneconomic damages caps were struck down by the state Supreme Court in earlier decisions, and legislative attempts to reinstate such caps were not enacted; as a result, as of mid-2025 those caps remain unconstitutional and unenforceable.

Yes, a doctor can be held liable for Erb’s palsy in Plantation when the injury results from a failure to meet the accepted standard of care during labor and delivery. Erb’s palsy is a brachial plexus injury that frequently follows complications like shoulder dystocia, when the baby’s shoulder becomes lodged behind the mother’s pelvic bone. When a physician applies excessive traction, mismanages a difficult delivery, or fails to anticipate known risk factors, the resulting nerve damage may form the basis of a medical malpractice claim under Florida law.

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For families researching their options, the path forward begins with understanding both the medical and legal questions involved. If you believe your child’s injury was preventable, the team at Chalik & Chalik Injury Lawyers can help you evaluate the circumstances of your delivery. You can call 954-476-1000 or reach out through the firm’s secure contact page to discuss what happened.

What Is Shoulder Dystocia Erb’s Palsy Birth Injury?

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A shoulder dystocia erb’s palsy birth injury occurs when the brachial plexus nerve network controlling the arm and hand is stretched or torn during a complicated delivery. This often happens when the baby’s shoulder lodges against the pubic bone and the delivery team must act quickly to free it. The condition can cause weakness, limited movement, or partial paralysis in the affected arm.

Several recognized risk factors increase the likelihood of this complication. Common warning signs that careful providers may consider include:

A larger-than-average fetus, often associated with maternal gestational diabetes
A history of shoulder dystocia in previous deliveries
Prolonged labor or the need for assisted delivery instruments
Maternal pelvic abnormalities or excessive weight gain during pregnancy

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Not every case of Erb’s palsy reflects medical negligence. Shoulder dystocia situations can sometimes occur despite appropriate care. Liability depends on whether the provider’s conduct fell below what a reasonably careful physician would have done, which typically requires thorough review of medical records by qualified professionals.

💡 Pro Tip: Request a complete copy of your labor and delivery records, including fetal monitoring strips and nursing notes, as early as possible. These documents are often central to understanding what occurred during the delivery.

When a Doctor May Be Held Liable

A physician may be held liable for an Erb’s palsy injury when a claimant can establish that the doctor breached the applicable standard of care and that the breach caused the harm. Florida birth injury claims rest on these core elements, and each must be supported by credible medical evidence.

Proving Breach of the Standard of Care

The standard of care refers to what a reasonably prudent physician would have done under similar circumstances. In a shoulder dystocia scenario, this can involve the maneuvers used to dislodge the shoulder, the amount of traction applied, and whether a cesarean section should have been considered. When a provider deviates from these accepted practices, that deviation may support a claim of physician negligence delivery errors.

Courts in Florida generally require corroboration from medical professionals before a malpractice claim proceeds. Under Fla. Stat. §766.104(1), good faith may be shown when counsel has received a written opinion from a qualified medical reviewer indicating that there appears to be evidence of negligence.

Establishing Causation

Causation links the alleged negligence directly to the specific injury the child suffered. The claimant must demonstrate that the error, rather than an unavoidable complication, produced the brachial plexus damage. This often involves detailed analysis of the delivery timeline and the forces involved.

Real cases illustrate how these claims take shape in court. For example, one matter detailed in a report on a lawsuit alleging delivery negligence shows how families pursue accountability when a delivery goes wrong. Outcomes always depend on the specific facts.

💡 Pro Tip: Keep a written record of your child’s medical appointments, therapies, and developmental milestones. This ongoing documentation can help illustrate the long-term effects of the injury.

Florida’s Statute of Limitations for Birth Injury Claims

Florida law imposes strict deadlines for filing a medical malpractice claim, and missing them can permanently bar recovery. Under Fla. Stat. §95.11(4)(b), an action for medical malpractice must generally be commenced within two years from the time the incident occurred or was discovered, with a hard outer limit of four years from the date of the incident. A seven-year maximum may apply in cases involving fraud, concealment, or intentional misrepresentation.

Birth injury cases are governed by the specific medical malpractice provision, which sets a two-year limitations period subject to a four-year repose period. You can review the full statutory framework in Florida’s civil limitations statute for additional context.

The Critical Minor’s Exception

For children, Florida provides a meaningful but limited exception to the four-year repose period. Under Fla. Stat. §95.11(4)(b), the four-year period does not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This carve-out is especially relevant to Erb’s palsy claims, where the long-term impact may not be fully apparent in infancy.

Courts generally interpret tolling and discovery exceptions narrowly, so families should not assume that extra time automatically applies. Acting promptly, rather than relying on an exception, is usually the safer approach.

Deadline Type	General Timeframe	Governing Statute
Standard malpractice limit	2 years from incident or discovery	§95.11(4)(b)
Statute of repose	4 years from incident	§95.11(4)(b)
Fraud or concealment cap	Up to 7 years	§95.11(4)(b)
Minor’s exception	On or before 8th birthday	§95.11(4)(b)

💡 Pro Tip: Even if your child is still very young, do not wait to seek a case review. Early investigation preserves evidence and gives your legal team time to meet pre-suit requirements.

Pre-Suit Requirements and Damages in a Florida Birth Injury Lawsuit

Before filing a birth injury lawsuit in Plantation, an attorney must complete a reasonable pre-suit investigation and certify a good faith belief that negligence occurred. Under Fla. Stat. §766.104(1), no malpractice action may be filed unless counsel has investigated and determined there are grounds for a good faith belief that negligence occurred. The complaint must include a certificate to that effect. Under Fla. Stat. §766.104(2), an automatic 90-day extension of the limitations period may be obtained by petitioning the clerk of court and paying a filing fee (not to exceed $42) to allow that investigation to take place.

This certification requirement carries real consequences. Under Fla. Stat. §766.104(1), if a court determines that the pre-suit certificate of counsel was not made in good faith AND that no justiciable issue was presented against a health care provider that fully cooperated in providing informal discovery, the court shall award attorney’s fees and taxable costs against the claimant’s counsel, and shall also submit the matter to The Florida Bar for disciplinary review of the attorney. You can read the certification rules in Florida’s pre-suit investigation statute for the precise language.

Florida’s noneconomic damages caps have a complex history. The Florida Supreme Court struck down statutory caps on noneconomic damages in medical malpractice cases, first in Estate of McCall v. U.S., 134 So.3d 894 (Fla. 2014) for wrongful death claims and later in North Broward Hospital District v. Kalitan, 219 So.3d 49 (Fla. 2017) for personal injury claims. Legislative attempts to reinstate such caps (including Florida SB 248 in 2024) were not enacted, SB 248 died in the Florida Senate on March 8, 2024, and no statutory replacement took effect. As a result, as of mid-2025 noneconomic damages caps in medical malpractice cases remain unconstitutional and unenforceable under the Florida Supreme Court’s rulings. (Historically, earlier versions of §766.118 had proposed a $500,000 cap per claimant for practitioners and $750,000 for non-practitioners.)

Damages in an Erb’s palsy claim often focus on the long-term needs of the child. These may include past and future medical expenses, physical therapy, surgical interventions, and the cost of ongoing life care. Families pursuing Erb’s palsy malpractice Florida claims frequently work with medical professionals to quantify these future needs.

Families in Broward County can also learn more through resources dedicated to local representation. Detailed guidance is available from a dedicated Plantation birth injury attorney team serving Fort Lauderdale and surrounding communities.

Frequently Asked Questions

1. How do I know if my child’s Erb’s palsy was caused by negligence?

Determining negligence requires a review of the delivery records by qualified medical professionals. Some cases of shoulder dystocia arise despite appropriate care, while others reflect avoidable errors. A thorough records review helps identify whether the standard of care was met.

2. How long do I have to file a birth injury lawsuit in Florida?

Most medical malpractice claims must be filed within two years, subject to a four-year repose period under Fla. Stat. §95.11(4)(b). A limited exception allows certain claims on behalf of a minor on or before the child’s eighth birthday. Acting early is generally advisable.

3. Does Florida limit how much I can recover for an Erb’s palsy claim?

Florida’s statutory approach to noneconomic damages has changed over time. The Florida Supreme Court struck down prior caps, and legislative attempts to reinstate caps were not enacted; as of mid-2025 noneconomic damages caps remain unconstitutional and unenforceable in medical malpractice cases. A narrow statutory framework and exceptions may apply, and the value of any claim depends on the specific facts and documented losses.

4. What must my attorney do before filing the claim?

Under Fla. Stat. §766.104(1), counsel must conduct a reasonable investigation and certify a good faith belief that negligence occurred. This typically includes obtaining a written opinion from a medical reviewer. Under Fla. Stat. §766.104(2), a petitioner may obtain an automatic 90-day extension by filing a petition with the clerk and paying the required fee to complete this step.

Moving Forward With Confidence

A doctor in Plantation can be held liable for Erb’s palsy when a preventable departure from the standard of care during delivery causes a brachial plexus injury. Establishing that liability requires careful attention to medical evidence, causation, and Florida’s strict filing deadlines. Families have meaningful legal avenues when negligence is involved, subject to the exceptions and conditions discussed above.

If you suspect your child’s injury resulted from a delivery error, prompt action protects both evidence and your legal rights. The attorneys at Chalik & Chalik Injury Lawyers are ready to review your situation. Call 954-476-1000 today or visit the firm’s online consultation request to take the next step.

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