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What Does a Brachial Plexus Lawsuit Entail? | Experienced Birth Injury Lawyers in the United States

Tarun Sridharan Legal Editor & Attorney Contributor Read Time: 5 minutes

What Does a Brachial Plexus Lawsuit Entail? | Experienced Birth Injury Lawyers in the United States

The brachial plexus is a group of nerves originating at the spinal cord that runs along the neck and down to the shoulders. Brachial Plexus nerves are attached to other nerves that run through the arms, allowing people to feel sensations in and move each part of their arms. When this set of nerves is damaged during childbirth, functional issues can arise.

Many parents respond by filing a brachial plexus lawsuit against the medical professionals who caused their baby to suffer injuries.

Is a Brachial Plexus Injury Permanent?

The brachial plexus can be permanently damaged during childbirth, causing ongoing suffering for children. Oftentimes, such injuries stem from medical malpractice. This means if your baby suffered a brachial plexus injury during their birth, you may be able to hold the medical professionals liable for any losses you’ve incurred as a result.

How Does a Brachial Plexus Injury Occur?

Causes of Brachial Plexus Injuries at Birth

If labor is difficult or prolonged, doctors may use forceps or extractors to remove the baby from the birthing canal. In doing so, they expose the infant to potential risks associated with improper use of tools. For example, if excessive force is applied to the forceps, the baby’s brachial plexus nerves may rupture. In turn, the rupture may lead to disability in the hands and arms.

While most brachial plexus injuries only cause temporary dysfunction, this is not always the case. Sometimes children are left permanently disabled. Even if the injury is only temporary, babies may still require surgery and physical therapy to revive functionality in their arms and hands.

Signs of Brachial Plexus Injury

It is sometimes difficult to identify the symptoms of a birth-related brachial plexus injury. Usually, symptoms appear as general weakness, constant tingling, or even pain in the arms and hands. There are other, more noticeable symptoms that parents and doctors should look out for as well.

Symptoms of a Brachial Plexus Injury

Some symptoms of damage to the Brachial Plexus are:

  • Lack of arm, hand, and shoulder mobility
  • Weakened grip
  • Decreased sensation in the arms or hands
  • Limp or hanging arms or hands

If your child’s doctor has not diagnosed your child with a brachial plexus injury, but you notice any of these signs, medical malpractice may be the source of an injury. Contact a birth injury lawyer to initiate a birth injuries lawsuit today.

Erb Duchenne Palsy or Erb’s Palsy

An injury to the Brachial Plexus nerves can result in a variety of disorders. Erb Duchenne Palsy, also known as Erb’s Palsy, and even, Erbs Palsy, is one such disorder. This is a type of brachial plexus injury that impacts the top of the brachial plexus.

Erb’s Palsy has several key symptoms, including paralysis, weakness, numbness, and tingling in the arms and hands.

Does My Baby Have Erb’s Palsy?

Because infants lack the ability to communicate their experience directly, it can be difficult to identify the symptoms of Erb’s Palsy early on. That being said, sometimes you will notice your baby’s arms or hands in a limp position facing away from their body. If you encounter this symptom, your baby likely has a brachial plexus injury.

What happens if the brachial plexus is injured?

Brachial plexus injuries tend to be caused by difficult, prolonged labor and delivery. These injuries are often preventable, and unfortunately, a medical professional’s incompetence can create the issue.

If you want to file a brachial plexus lawsuit, know the medical errors that lead to brachial plexus injuries. If any of the following malpractices occurred while giving birth, consider filing a brachial plexus lawsuit.

  • Excessive force applied with tools
  • Delayed C-section
  • Failure to recognize or respond to distress
  • Stretching of an infant’s upper body during delivery
  • Unnecessary pressure placed on a baby’s arms during breech delivery
  • Failure to follow-up once delivery is complete
  • Administration of dangerous medications during delivery

Can You Sue for a Brachial Plexus Injury?

When To File a Brachial Plexus Lawsuit

Don’t wait to file a brachial plexus lawsuit.

If you want to obtain financial compensation, the likelihood of success increases the earlier you file. In fact, if you wait too long, you run the risk of missing the Statute of Limitations deadline for the legal claim. If you miss it, your case will be automatically dismissed. Make sure to pursue the claim as soon as possible.

How to File for a Brachial Plexus Lawsuit

The first step you should take contacting an experienced birth injury attorney.

Your attorney will guide you through the legal process, assisting you at every stage. Initially, they will help you collect medical records and calculate your total damages. Then they will walk you through the litigation process.

It can take months or even years to settle a brachial plexus lawsuit, so don’t be alarmed if the case isn’t progressing rapidly.

Get Compensation For Brachial Plexus Injuries

If your child has been injured due the negligence of a medical professional, you deserve to be compensated for any damages caused.

Curious about how much compensation you may get for a brachial plexus injury? To learn how much you can recover, speak to a birth injury attorney today. Get in touch by calling us at 1-800-THE-LAW2 or by scheduling an appointment with a skilled, experienced lawyer in your area. Consultation is free and confidential.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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