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Table of Contents
When you welcome your baby into the world, you trust the medical team to provide safe, attentive care. But when that trust is broken and a preventable birth injury like Erb’s palsy occurs, your joy can quickly turn to heartbreak and confusion. If your child is hurt, our Naples Erb’s palsy attorneys at Freidin Brown, P.A. are here to help you understand your legal options and pursue justice for your family.
As leading Naples birth injury lawyers, we have seen firsthand how medical negligence during labor and delivery can change a child’s future. For over 45 years, our firm has stood up to hospitals, insurance companies, and negligent providers across Florida, recovering more than $500 million for families whose lives were forever changed by medical malpractice. You and your child deserve answers, accountability, and the financial support necessary to move forward, so call now to discuss your claim with our team.
Proving What Went Wrong in an Erb’s Palsy Case
Erb’s palsy is a type of birth injury that occurs when the bundle of nerves controlling a baby’s shoulder, arm, and hand movement—known as the brachial plexus—is stretched or torn during delivery. This can happen when a baby’s shoulders become stuck behind the mother’s pelvic bone, a complication called shoulder dystocia.
In these moments, doctors and nurses must act quickly and carefully to protect both parent and child. When medical providers pull too forcefully, twist the baby’s neck, or misuse delivery tools such as forceps or vacuum extractors, they can cause permanent nerve damage.
Not every difficult birth is the result of malpractice, but many cases of Erb’s palsy are preventable. When a provider fails to recognize warning signs or mishandles a challenging delivery, families may have the right to hold them accountable for the harm that followed.
Birth Injury Due to Medical Negligence? Contact a Naples Lawyer Now for Expert Support!
Justice for Your Child Starts With the Right Legal Team
When a newborn suffers a preventable injury like Erb’s palsy, the emotional toll is enormous, and the legal process is rarely straightforward. Hospitals and insurers often protect their own, not your family. These cases require a law firm that can uncover what really happened in the delivery room, translate complex medical evidence, and stand firm against powerful healthcare systems.
That’s where our Naples Erb’s palsy attorneys come in. At Freidin Brown, P.A., we combine deep medical-legal knowledge with the compassion families need during one of the hardest chapters of their lives. Since 1976, our firm has guided parents through the most challenging birth injury cases with both empathy and strength. Here’s what makes our team the right choice for your family:
- Trial-tested leadership: Founding attorney Philip Freidin is a Board Certified Civil Trial Lawyer with over 50 years of courtroom experience and nearly 200 jury trials. Every case is reviewed by him and at least one additional attorney to ensure thorough strategy and oversight.
- Focused experience: We don’t handle hundreds of unrelated personal injury cases. Our firm devotes a large part of its practice to medical malpractice and birth injury litigation, giving your case the specialized attention it deserves.
- Big-firm power, small-firm care: With hundreds of millions of dollars recovered for Florida families, we have the resources to go toe-to-toe with hospitals and their insurers—while still giving you direct, personal communication throughout your case.
- Access to leading experts: Our network includes respected obstetric, neonatal, and economic experts who help us prove negligence and calculate the lifetime cost of your child’s care.
- Commitment beyond compensation: We understand that this case isn’t just about money, it’s about accountability, answers, and your child’s future.
At Freidin Brown, P.A., we’ll listen to your story, explain your options, and stand by your side from your first consultation through the final verdict or settlement. When your child’s future is at stake, you deserve a team that treats your family with the care they deserve.
Recoverable Damages in a Naples Erb’s Palsy Case
A successful malpractice claim can help you secure the resources your child needs to live as fully and independently as possible. At Freidin Brown, P.A., our Naples birth injury lawyers pursue compensation that reflects both your child’s immediate and long-term needs. Depending on your case, recoverable damages may include:
- Medical and rehabilitation expenses: Covering hospital stays, physical and occupational therapy, surgical procedures, and ongoing care.
- Future medical needs: Accounting for long-term therapy, assistive devices, and adaptive equipment your child may need as they grow.
- Lost earning potential: If your child’s injury limits their ability to work or live independently later in life, we’ll seek compensation to help secure their financial future.
- Pain and suffering: Acknowledging the physical discomfort and emotional challenges your child faces as they adjust to the limitations caused by the injury.
- Emotional anguish and loss of enjoyment: For the mental and emotional strain this injury places on your child—and on your family as you navigate a changed future.
- Home and caregiving costs: Covering in-home assistance, transportation, or home modifications that make daily life safer and more accessible.
Our attorneys work closely with medical experts, life care planners, and economists to accurately calculate the lifetime cost of your child’s care—and to pursue every dollar you’re entitled to under Florida law.
Need Legal Support? Talk to a Birth Injury Attorney for Free!
We’re Here to Help Your Family Move Forward
Proving medical negligence takes strength, persistence, and experience—and that’s exactly what our firm provides for families like yours. At Freidin Brown, P.A., our Naples Erb’s palsy attorneys are ready to help you uncover what happened, hold negligent providers accountable, and fight for the financial security your child deserves.
We know this is a deeply personal and painful time. Let us take on the legal burdens so you can focus on your child’s care and future. Call today for a free, confidential consultation. You’ll owe nothing unless we win your case.
Frequently Asked Questions About Erb’s Palsy Claims
How Do I Know If My Child’s Erb’s Palsy Was Caused by Malpractice?
Not every case of Erb’s palsy is the result of negligence, but many are preventable. Medical malpractice occurs when a doctor, nurse, or other provider fails to meet the accepted standard of care during labor or delivery.
Determining whether malpractice occurred requires a careful review of medical records and expert analysis. A Naples birth injury lawyer from Freidin Brown, P.A. can investigate what happened and help you understand your legal options.
What Is the Average Payout for Medical Negligence in Florida?
The value of a medical malpractice case varies widely depending on the severity of the injury, long-term care needs, and supporting evidence. Some Florida medical negligence verdicts and settlements reach millions of dollars, while others are smaller but still significant. The best way to understand your potential recovery is to consult a birth injury lawyer who can evaluate your specific damages and fight for the maximum compensation your family deserves.
What Is the Statute of Limitations on Erb’s Palsy?
Florida Statutes § 95.11 limits the amount of time families have to take legal action after a medical malpractice injury. While the exact deadline depends on when the injury occurred and when it was discovered, families should not wait to contact a lawyer. These cases also require a formal presuit notice before filing a lawsuit, which takes time to prepare. A Naples Erb’s palsy attorney can review your situation and make sure you meet all legal deadlines.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
