Does my child have a case? The honest screening questions

This page walks through the same questions I ask when a family contacts me, so you can see for yourself, before you ever fill out a form, how a brachial plexus case is actually evaluated. There are three clusters: what happened during the delivery, how your child's arm is doing now, and where the timing stands.

1. What happened during the delivery?

The strongest cases have a documented mechanism. Was there a shoulder dystocia? Were you told the shoulder was stuck? Was a vacuum or forceps used? Was the baby large, or was there gestational diabetes? Did active labor stall, or did pushing go on for hours? None of these alone proves negligence, but each one appears in the medical records, and together they frame the question an investigation answers: how was a foreseeable complication handled?

2. How is the arm today?

This is the question that matters most, and the one where I'll give you the answer no one likes to hear: if your child's arm recovered fully, there is usually no case worth pursuing, and that is good news, because it means your child is okay. The cases that warrant investigation are the ones with lasting deficits: an arm that can't be raised, weakness that persists as the months pass, an arm rotated inward or lagging in growth, a weak hand, surgery performed or recommended. Permanence is what separates a difficult start from a lifetime of consequences, and it is what the law compensates.

3. Where does the timing stand?

Florida protects a child's claim until the eighth birthday, but a two-year discovery clock can run sooner, and the presuit process takes months before a claim can even be filed. Translation: whatever your child's age, the right time to ask is now, and if your child is six or older, it is urgent.

Two screens I'll always apply

If another attorney currently represents you in this matter, I can't review it; that's a rule I follow strictly. And if other lawyers previously declined your case, that does not end the inquiry. Cases are declined for many reasons, including firm economics that have nothing to do with your child's facts. I'd rather hear the story myself.

What happens when you submit

The case evaluation takes about three minutes and asks exactly the questions above. I review every submission personally, usually within one business day. If the answer is no, I'll tell you plainly and explain why. If the answer is maybe, we talk, and I request the delivery records at no cost to you.