Every parent wants their child to be happy and healthy from the day they’re born. However, sometimes things can go wrong during the birthing process and an infant can be injured, which could possibly affect them for the rest of their life.
According to the Mayo Clinic, severe brachial plexus injuries can cause permanent disability, muscle weakness, and paralysis. If your child has experienced a brachial plexus injury, you should seek treatment right away. If you have cause to believe a negligent doctor was responsible, contact a brachial plexus attorney.
Our firm offers free consultations to the parents of injured infants. One of our lawyers can meet with you to assess your case and tell you what steps you can take to hold the responsible party accountable. There is often a deadline for brachial plexus claims, so don’t hesitate.
Can Malpractice Cause a Brachial Plexus Injury?
Yes, in many cases, medical malpractice can cause brachial plexus injury in newborns. In these cases, medical malpractice refers to an act of negligence that causes harm to a child or mother. Doctors owe their patients a standard of care, and when they breach that standard of care, they become liable for their patients’ damages.
In brachial plexus injury cases, malpractice can occur at any step of the process and take many forms. Some examples of medical malpractice that cause brachial plexus injuries include:
- Improper use of instruments like forceps and vacuums
- Failure to prevent a lodged shoulder
- Excessive force when removing the child from the birth canal
- Excessive pressure on the head
Whether intentional or unintentional, an injury caused to a child during birth could be malpractice. If a doctor is at fault for your child’s condition, you shouldn’t have to pay for their treatment out of your own pocket.
Can You Sue for a Brachial Plexus Injury?
If a negligent medical professional was responsible for your child’s injury, then yes, you may be able to sue for a brachial plexus injury. With the help of a skilled birth injury attorney, you may be able to prove that a doctor, nurse, hospital, or other party is liable for your damages.
Something to keep in mind is that most brachial plexus injury claims don’t even make it to a lawsuit. Before they get to court, many birth injury cases are settled between the injury victim’s family and the negligent party. By negotiating with your caregiver’s representation and the insurance company, a lawyer can get a settlement before a lawsuit is necessary.
How Much Is a Brachial Plexus Injury Worth?
How much your injury settlement gets you will depend on several factors surrounding your case – it’s impossible to say how much you stand to receive for your damages without first knowing the specifics of your situation.
In any medical malpractice case, the amount of compensation the injured party gets is dependent on specific damages that the negligence caused. These damages can be either specific, financial expenses (economic damages), or more abstract costs to your quality of life (non-economic damages).
Damages that you can recover in a birth injury case include:
- Medical expenses
- Ongoing treatment, including future physical therapy
- Special accommodations for your child, including changes to your home or vehicle
- Mobility aids like wheelchairs and canes
- Childcare
- Lost wages because of missed work to look after your child
- Your baby’s pain and suffering
- Mental anguish
How Can a Brachial Plexus Injury Lawyer Help Me?
Your brachial plexus lawyer will calculate your damages, both past and future, to make sure the insurance company provides you with everything you need to care for your child. They’ll use your bills, receipts, and documents to do this, so keep anything you receive related to your child’s injury.
When you meet with a medical malpractice lawyer for a free initial consultation, they will assess your case and tell you around how much you may be able to get for your damages. It’s impossible to say before your claim is settled, but an attorney can give you an idea.
An Expert Witness Can Help Strengthen Your Case
Winning a medical malpractice case is difficult without the help of expert witnesses. Doctors undergo years of training and most have years of practice under their belt. For a court to believe that a doctor made an error, they often need the testimony of another doctor to bolster the plaintiff’s case.
An experienced attorney can find the right expert for your case, which can help strengthen your argument and maximize your chances of a larger compensation award.
Talk to a Brachial Plexus Lawyer for Free
When your child is injured during the birthing process, their safety and comfort are your number one priority. You deserve to get compensated for your damages, but handling a medical malpractice claim is the last thing you need to do when you’re caring for your baby. That’s where the brachial plexus attorneys at Birth Injury Law Group come in.
We care about your child’s wellbeing. Our lawyers have the experience to help you and the compassion to know what you need during your trying time. Call us or contact us online today to get your FREE consultation with our team.