The brachial plexus is a bundle of nerves that runs down the side of the neck and into the shoulders. It’s responsible for controlling our arms. It’s possible for these nerves to get injured during birth when a doctor pulls on a child’s head the wrong way.
Brachial palsy is just one outcome of a brachial plexus injury. If your child cannot use their arms or has strange muscle tics after birth, speak with a birth injury attorney in Glendale, AZ, through Birth Injury Lawyers Group. We can help you get the money for your child’s treatment through a lawsuit.
For a free legal consultation, call 1-800-222-9529
Signs of Injury to the Brachial Plexus
The brachial plexus controls nearly all the functions of the arm. The clear signs of an injury here are arm weakness, poor arm reflexes, and sensory deficits. A plexus is a bundle of nerves, so injuries vary depending on which of the nerves were hurt.
The most common cause of a brachial plexus injury at birth is when the nerves are stretched or torn. If your child had shoulder dystocia, which happens when a baby’s shoulder gets caught on the mother’s pubic bone, the chance of a brachial plexus injury is high.
There are maneuvers that a doctor can do to free a baby from this position, but they all have a risk of causing a brachial plexus injury. It can also happen if they ignore shoulder dystocia. If there are signs of an injury, treatment must begin immediately in order to make a full recovery.
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Erb’s Palsy and Klumpke’s Paralysis
There are two conditions that are clear signs of a brachial plexus injury, Erb’s palsy and Klumpke’s paralysis. If your child has these, speak with a brachial plexus lawyer as soon as possible. Your doctor may owe you compensation.
The signature sign of Erb’s palsy is the position of the arm. The arm hangs down the side and turns inward toward the body. It’s straight and cannot be raised from the side. The elbow cannot bend, nor can the forearm turn outward.
Klumpke’s paralysis affects the forearm and hand. This form of paralysis causes a clawed hand shape because of a loss of function to the ulnar nerve and related muscles. Of these two, Erb’s palsy is more common in birth injuries.
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Can My Child Get Better?
It depends on how the nerves were damaged and how badly. Some brachial plexus problems are permanent and can cause pain and discomfort in the arm at all times, but some children get completely better with treatment.
If you suspect nerve damage to your child’s arm, seek medical attention immediately. Nerve damage requires a doctor’s expertise. But paying for the costs of nerve rehabilitation can quickly drain your finances, especially for a young infant.
That’s why you should follow up with one of our brachial plexus attorneys in Glendale, AZ, for a free case evaluation and consultation. We can help you file a lawsuit against the doctor or hospital that injured your child’s brachial plexus.
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How Will I Win My Case?
Birth injury cases are challenging, but with the right lawyer on your side, it is possible to win. You and your lawyer have to prove four things in order to win your case. Two of these are easy. You have to prove there was a medical relationship with whoever you’re suing, and there has to be proof of an injury and its costs (damages).
The hardest thing to prove is whether the person responsible for harming your child acted outside the standard of care. Medicine is not a sure fix, and sometimes doctors have to take risks to prevent a more serious problem. Testimony from medical experts may be necessary to prove your doctor acted negligently.
The last thing to prove is that the negligent action caused the injuries your child received. Medical records and follow-up examinations of your child’s injury can provide the evidence we need to prove this. When all four things are proven, you have a legitimate claim to compensation.
How Much Could I Get?
Every case is unique, so pinning an exact amount of how much you could get from your child’s brachial plexus injury case will depend on the evidence. There are two primary classes of damages you can get compensation for.
The first is the economic damages. These include any cost that you can pin a dollar amount on using a bill or a pay stub. Medical expenses, travel costs, lost wages from work, disability gear, rehabilitation, and more all fall into economic damages.
The second is non-economic damages. For birth injuries, the main one is pain and suffering. The law recognizes that the suffering caused by a negligent injury carries its own cost. A common way to calculate the value of these is as a multiple of the economic damages.
How Will My Brachial Plexus Lawyer Help Me?
The insurance companies and hospitals will try to fight your claim and prevent you from getting any compensation, or at least far less than you should receive. By hiring a lawyer, you can focus on caring for your child while they help your case. They’ll do things like:
- Gather evidence to prove the four things necessary to win a malpractice claim
- Interview medical experts to get their opinion on what happened
- Serve as a negotiator between you and the insurance companies
- Keep you in the loop about everything happening with your case
- Give you legal advice that will help you win your claim
- Take your case to court if the defendants decided not to settle or give an offer that’s too low.
All the lawyers at Birth Injury Lawyers Group work on contingency. This means you don’t have to pay anything if you lose your case. This puts legal help within reach of anyone, regardless of their financial situation. There is absolutely no risk or obligation to speak with a lawyer to see if you have a case.
Call Birth Injury Lawyers Group
If you suspect your child has a brachial plexus injury soon after birth, call the Birth Injury Lawyers Group. We’ll put you in touch with a brachial plexus attorney in Glendale, AZ, who can help you get justice and compensation. For a free consultation and case evaluation, call or text us at the number on your screen, or send us an email through our contact page.
Call or text 1-800-222-9529
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