Tampa Brachial Plexus Injury Lawyer

The brachial plexus is the network of nerves that runs from the spinal cord through the neck and shoulder, ultimately controlling movement and sensation in the arm, elbow, wrist, and hand. When those nerves are damaged during a medical procedure, a difficult birth, or through negligent care, the consequences can range from temporary weakness to permanent paralysis of the entire arm. For families in Tampa dealing with this kind of injury, the question is almost always the same: did someone fail to act the way they should have? A Tampa brachial plexus injury lawyer focuses on answering that question and holding the right parties accountable.

Brachial plexus injuries fall into two broad categories in the medical malpractice context: birth-related injuries caused during labor and delivery, and injuries caused by surgical error, anesthesia mishaps, or improper positioning during a medical procedure. In newborns, the injury typically occurs when excessive force or traction is applied to the infant’s head and neck during a difficult delivery. In adults, the injury often traces back to nerve damage during a procedure involving the neck, shoulder, chest, or axilla. Either way, the injury does not announce itself as malpractice. It takes investigation, expert analysis, and a thorough understanding of what the standard of care required in that specific situation.

Florida’s medical malpractice framework adds layers of complexity that make these cases genuinely demanding to pursue. Before a lawsuit can be filed, Florida law requires that a plaintiff complete a pre-suit investigation and provide written notice to each defendant. A qualified medical expert must review the claim and sign an affidavit supporting the theory of negligence. These requirements exist regardless of how severe the injury is. Having the right legal team in place from the start determines whether these pre-suit obligations are met correctly and whether the case moves forward with the momentum it deserves.

Types of Brachial Plexus Injuries That Arise from Medical Negligence

• Erb’s Palsy: The most common birth-related brachial plexus injury, affecting the upper nerves and typically causing the affected arm to hang limp with limited ability to raise or rotate it. Erb’s palsy is frequently linked to shoulder dystocia that was mismanaged during delivery.
• Klumpke’s Palsy: Damage to the lower brachial plexus nerves results in weakness or paralysis of the forearm and hand, sometimes accompanied by Horner’s syndrome affecting the eye. This injury pattern is less common but often more disabling in terms of fine motor function.
• Total Brachial Plexus Avulsion: The most severe form, in which nerve roots are torn directly from the spinal cord, causing complete loss of arm function. Avulsion injuries are often irreversible and may require complex reconstructive surgery with limited prospects for full recovery.
• Surgical Nerve Damage: Procedures involving the neck, shoulder, or chest cavity carry a risk of inadvertent brachial plexus trauma. When a surgeon deviates from accepted technique or fails to recognize anatomical landmarks, permanent nerve damage can result from a procedure that was never meant to touch those nerves.
• Anesthesia Positioning Injuries: Improper patient positioning during extended procedures, particularly those performed under general anesthesia, can compress or stretch the brachial plexus over time. Anesthesiologists and surgical staff share responsibility for maintaining safe positioning throughout a procedure.
• Failure to Order Appropriate Imaging: In adults who present with arm weakness, numbness, or chronic shoulder pain, a delayed or missed diagnosis of a mass, tumor, or vascular anomaly compressing the brachial plexus can constitute negligence when a reasonably attentive clinician would have ordered further workup earlier.

Why Gunn Law Group, P.A. Handles These Cases the Way It Does

Gunn Law Group, P.A. was built around one type of client: someone who was harmed by a powerful institution, whether that is a hospital, a healthcare system, or an insurer, and who needs a firm that will not flinch. The firm carries more than 75 years of combined legal experience across its team, and its track record in catastrophic injury and medical malpractice cases reflects decades of serious courtroom and settlement work. The results on the firm’s record include a $13.8 million confidential settlement, a $10.5 million recovery involving improper surgery, and a $10 million result involving brain injury. These are not the outcomes of a firm that settles cases reflexively to clear a docket. They are the outcomes of lawyers who investigated thoroughly, retained the right experts, and were genuinely prepared to take the case to a jury.

Brachial plexus malpractice cases are among the more technically demanding in this field. Proving that an injury was caused by a deviation from the standard of care, rather than an unavoidable complication, requires medical experts who can speak to what the specific provider should have done differently. Gunn Law Group collaborates with those experts and builds the factual foundation that makes the difference between a case that settles for real value and one that gets dismissed. Families in Tampa who are dealing with a child born with arm paralysis, or an adult who lost function in an arm after a procedure, deserve representation that understands both the law and the medicine well enough to connect those two things into a coherent, compelling case.

What Families and Patients Should Do After a Brachial Plexus Injury

The period immediately following a brachial plexus diagnosis is often consumed by medical appointments, therapy schedules, and the practical challenges of caring for a child or family member with a significant physical limitation. The legal side of what happened can feel like a secondary concern, but it directly affects whether the family will have resources to fund the long-term care and support the injury requires. Florida law imposes a statute of limitations on medical malpractice claims. For adult patients, that window is generally two years from the time the injury was discovered or should have been discovered, subject to certain outer limits. For birth injuries involving a minor child, different rules apply, but those timelines are not unlimited either. Consulting a brachial plexus injury attorney in Tampa sooner rather than later protects the family’s ability to pursue a claim.

Gathering and preserving medical records is one of the most practical things a family can do before an attorney gets involved. Request complete records from every provider involved in the birth or procedure: the hospital chart, nursing notes, fetal monitoring strips if applicable, operative reports, anesthesia records, and any imaging studies. These records often contain the evidence that either supports or undermines a malpractice claim, and they sometimes disappear or become harder to obtain as time passes. Write down your recollection of events, conversations with providers, and any statements made about the complication or injury while those memories are still fresh.

Tampa brachial plexus malpractice claims filed in Hillsborough County are typically litigated in the Thirteenth Judicial Circuit, with cases proceeding through the civil division courthouse located in downtown Tampa. Florida’s pre-suit process means the formal lawsuit is actually the second stage of the legal effort. Before that, an attorney files a notice of intent to initiate litigation and begins the pre-suit discovery period during which both sides exchange information and the defendant has an opportunity to respond. Understanding this structure helps families set realistic expectations about timeline. These cases are rarely resolved quickly. Most go through extensive expert discovery before they settle or go to trial, and the strongest cases are built on a foundation of thorough early work.

Damages That Can Be Recovered in a Tampa Brachial Plexus Malpractice Case

The financial scope of a brachial plexus injury, particularly one caused during childbirth, is often larger than families initially recognize. A child with Erb’s palsy may need occupational and physical therapy for years, potentially surgical intervention, adaptive equipment, and ongoing medical monitoring into adulthood. The cost of that care can be substantial. In a malpractice case, those future medical expenses are a central component of the damages calculation, supported by expert testimony from life care planners and medical specialists who can project the child’s likely needs and costs over a lifetime.

For adult patients who suffered brachial plexus damage during a surgical procedure, the damages picture often includes lost wages and diminished earning capacity, particularly if the injury affects the dominant arm and the person works in a physically demanding profession. Medical expenses covering nerve repair surgery, pain management, and rehabilitation are recoverable. Pain and suffering, which encompasses both physical pain and the psychological impact of losing function in a limb, is also a recognized category of compensation under Florida law. In cases where the negligence was particularly egregious, punitive damages may be available, though they require meeting a heightened legal standard.

Loss of consortium claims allow the family of a seriously injured person to seek compensation for the impact the injury has had on their relationships and household. For parents raising a child with a permanent arm injury, or a spouse supporting a partner who has lost significant arm function, these claims acknowledge that the injury’s harm extends beyond the individual who directly suffered it. A Tampa brachial plexus attorney can evaluate which categories of damages apply to a specific case and what evidence is needed to support each one.

Common Questions About Brachial Plexus Injury Claims in Tampa

How do I know whether my child’s brachial plexus injury was caused by malpractice or was unavoidable?

Not every brachial plexus birth injury is the result of negligence. Some are the product of a genuinely unforeseeable delivery complication. The distinction turns on whether the medical team recognized warning signs, responded appropriately, and applied force within accepted limits. An attorney reviewing the case will work with an obstetric expert to examine the decision-making during labor and delivery, the technique used, and whether the injury was a foreseeable result of how the situation was managed. That analysis is the only way to reach a reliable conclusion about causation.

What is the difference between a neuropraxia and an avulsion, and why does it matter to my case?

Neuropraxia is the mildest form of brachial plexus injury, involving nerve compression or stretching without tearing. Most neuropraxia injuries resolve within weeks or months. An avulsion is the most severe form, where the nerve root is torn from the spinal cord and cannot naturally heal. The type and severity of the injury affect both the damages available and the expert testimony needed to explain the mechanism of harm. Permanent injuries command significantly different compensation than temporary ones, and your legal team needs to understand the medical details to build the damages case accurately.

Can I file a claim if the hospital was in a different county than where I live?

Yes. Florida medical malpractice claims are generally filed in the county where the negligence occurred, not where the plaintiff lives. If your child was delivered at a Tampa-area hospital, the claim would typically proceed in Hillsborough County regardless of whether your family lives in Pasco, Pinellas, or Hernando County. This has no practical negative effect on your ability to pursue the claim.

What if the doctor told me the injury was a known risk of the procedure I consented to?

Informed consent is a real legal concept, and it does matter. If a patient signed a consent form acknowledging the risk of nerve injury, that does not automatically insulate the provider from liability. There is a difference between a known complication occurring despite proper technique and a known complication occurring because the provider deviated from the standard of care. A consent form does not give a provider license to perform a procedure negligently. An attorney can help assess whether the injury falls within the risk you consented to or reflects a failure of skill or judgment that goes beyond what consent covers.

How long does a brachial plexus malpractice case typically take to resolve in Florida?

These cases rarely resolve quickly. Florida’s mandatory pre-suit period adds time before a lawsuit is even filed. After filing, discovery in a complex medical malpractice case can take one to two years or longer, particularly when multiple defendants are involved or when extensive expert depositions are required. Cases that settle often do so during or after mediation, which typically happens after discovery is substantially complete. Families pursuing these claims should expect a multi-year process, which is one reason why early legal involvement is important for preserving evidence and meeting every procedural deadline.

Can a brachial plexus claim be filed against a hospital rather than just the individual doctor?

Often, yes. Hospitals can be held liable for the actions of employees on their staff, including nurses, residents, and other personnel involved in the delivery or procedure. Even for physicians who are independent contractors rather than direct employees, hospitals may face liability in certain circumstances, including when they granted privileges to a provider with a known history of patient harm. Identifying the right defendants is one of the foundational tasks of a brachial plexus malpractice investigation.

My child’s injury was not diagnosed until several months after birth. Does that affect the timeline for filing a claim?

Florida’s discovery rule means the statute of limitations generally runs from when the injury was or reasonably should have been discovered, not necessarily from the date of birth. For claims involving minors, additional provisions may extend the time available. However, these extensions are not unlimited, and the rules are specific enough that families should not assume they have unlimited time. Consulting with a brachial plexus injury attorney in Tampa early after diagnosis is the safest approach to protecting the claim.

Will I need to go to trial, or do most of these cases settle?

The majority of medical malpractice cases in Florida resolve through settlement rather than trial, but that does not mean every case settles, or that settlement is always the right outcome. The willingness and ability to take a case to trial is often what drives meaningful settlement offers. Gunn Law Group has demonstrated through its case results that it is prepared to litigate when necessary. Whether a case settles or goes to trial depends on the specific facts, the defendants’ positions, and what outcome genuinely serves the client’s interests.

What experts are typically needed to support a brachial plexus malpractice case?

Most brachial plexus cases require at least one expert in the relevant clinical specialty, such as obstetrics for birth injury cases or the relevant surgical specialty for procedure-related injuries. Depending on the damages at issue, the case may also require a neurologist to address the extent and prognosis of the nerve injury, a life care planner to quantify future medical needs, and an economist to calculate lost earning capacity. In Florida, the pre-suit process itself requires a supporting affidavit from a qualified medical expert before the case can proceed. Building the right expert team is a core part of what legal counsel does in these cases.

What happens if the hospital or doctor offers a quick settlement shortly after the injury is discovered?

Early settlement offers from hospitals or their insurers should be approached with significant caution. A quick offer is often made before the full extent of the injury, the lifetime costs of care, or the strength of the liability case has been fully evaluated. Accepting an early offer generally requires signing a release that prevents any future claims arising from the same incident. Once the full picture of the injury is known and a proper damages analysis has been completed, those early numbers almost never reflect what the case is actually worth.

Brachial Plexus Injury Representation Across Tampa and the Surrounding Region

Gunn Law Group, P.A. represents clients throughout the Tampa Bay area and the broader Tampa metropolitan region. Families in South Tampa, Hyde Park, Ybor City, and the Davis Islands area have access to the same representation as those in Westshore, Carrollwood, and the New Tampa communities to the north. The firm extends its reach across Hillsborough County to clients in Brandon, Riverview, Valrico, and Lithia in the eastern part of the county, as well as to those in Wimauma and Sun City Center to the south. Beyond Hillsborough County, the firm serves clients in Odessa, Lutz, and Land O’ Lakes in Pasco County, as well as in Temple Terrace, Citrus Park, and the Town ‘N’ Country corridor. Families in Clearwater, St. Petersburg, and the surrounding Pinellas County communities are also within the firm’s service area, as are those further out in Sarasota, Manatee County, and the Lakeland and Polk County region. Geographic distance does not have to be a barrier to pursuing a brachial plexus malpractice claim with experienced Tampa Bay legal representation.

Speak with a Tampa Brachial Plexus Injury Attorney About Your Case

A brachial plexus injury caused by someone else’s failure demands more than a passive legal response. Gunn Law Group, P.A. brings the investigative depth, expert relationships, and courtroom readiness that these cases require. Whether the injury occurred during a delivery at Tampa General, St. Joseph’s Hospital, AdventHealth Tampa, or another facility in the region, the firm is prepared to examine what happened, identify who is responsible, and pursue full accountability. A Tampa brachial plexus injury attorney at Gunn Law Group is available to review your situation at no cost and with no obligation to move forward. Reach out to the firm directly to schedule your free consultation.