Babies are extremely vulnerable, and one of the most common injuries they can sustain at birth is a brachial plexus injury. In the most severe cases, a brachial plexus injury results in permanent paralysis of the arm, making it one of the most potentially catastrophic birth injuries.
If your child has suffered a brachial plexus injury and you fear it’s because of the negligence of a medical professional, contact our law firm. One of our Baltimore brachial plexus lawyers will treat your case with the urgency, compassion, and dedication it requires.
What Is a Brachial Plexus Injury?
Primarily affecting a baby’s nerves in his or her shoulder, arm, wrist, hand, fingers, and spine, this injury occurs when these vital nerves are stretched, compressed, or torn from their roots. Victims of a brachial plexus injury will encounter a lifetime of physical and emotional challenges, including several repair surgeries and associated hospitalizations, as well as lengthy rehabilitation efforts involving various treatments and therapies.
There are three different types of brachial plexus injuries:
- Stretches (Neuropraxia): With this type of brachial plexus injury, the nerve is mildly stretched and has a good chance of healing on its own or with simple, nonsurgical treatments.
- Ruptures: This brachial plexus injury occurs when the nerve is forcefully stretched, causing it to partially tear and separate. Ruptures can sometimes be repaired with surgery.
- Avulsions: This is a more severe form of brachial plexus injury in which the nerve root has been torn out of the spinal cord. Because of the severe damage, this type of injury may not be repairable with surgery.
Get in touch with a brachial plexus lawyer serving Baltimore, 410-547-0202 for a free case evaluation.
Why Do Brachial Plexus Injuries Happen?
Brachial plexus injuries are complicated to treat and generally occur due to a medical professional’s negligence or excessive force during the labor and delivery process. Brachial plexus injuries can also be due to a lack of fetal monitoring during labor and delivery or the improper use of forceps or a vacuum.
Doctors should be aware of common brachial plexus risk factors, including:
- Shoulder dystocia, a condition in which the baby’s shoulder becomes stuck or restricted by the mother’s pelvis
- Gestational diabetes
- A baby with a large head or body
- Prolonged labor
- A mother who has a history of difficult delivery
Unfortunately, over half of all brachial plexus birth injuries have no known risk factors.
Did Medical Negligence Lead to Your Baby’s Brachial Plexus Injury?
Doctors and nurses who fail to provide the appropriate standard of pregnancy-related care can generally be held responsible for avoidable birth injuries, including damage to the brachial plexus.
The following actions or inactions are examples of malpractice that can lead to a brachial plexus injury:
- Using excessive force to correct shoulder dystocia
- Failing to recommend a necessary C-section
- Incorrectly using birth tools like vacuums and forceps
- Failing to diagnose or treat a prenatal condition
Our legal team can investigate the circumstances surrounding your child’s birth injury in detail, ensuring we get all the information necessary to hold the at-fault party responsible for their negligent actions or inaction.
How a Lawyer Will Establish the Other Party’s Negligence
Establishing negligence is difficult because there are many complicated steps involved. However, our firm’s lawyers understand each step thoroughly, so one of our lawyers can establish negligence in your case for you. To do so, your lawyer will:
- Show how the other party in your case owed your child a duty of care, or a responsibility to act carefully to protect your child from harm
- Show how the other party breached their duty or violated their responsibility to act carefully
- Show that your baby was injured
- Show how the other party’s violation of their responsibility was the proximate cause of your baby getting injured
The Kinds of Damages You May Be Able to Collect for Your Child
By pursuing compensation from the other party in your case, you’ll hold them responsible for their negligence and for harming your child. You may also help prevent them from harming anyone again.
Additionally, if you obtain compensation, you’ll be able to cover the costs of your child’s treatments, and your child will have some recompense for their suffering and disability.
If you choose to pursue damages, you may be able to claim the following:
- Any earnings you lose if you must stay home from work to look after your child
- The bills for your child’s treatments, surgeries, and other medical services
- The costs of any accessibility devices your child needs
- The costs of any therapies your child requires, like physical therapy and even occupational therapy
- Your child’s pain and suffering
- Any mental or emotional anguish your child experiences
Can You Sue for a Brachial Plexus Injury?
You have two options for recovering compensation for your child. You can either file a medical malpractice claim with the responsible party’s insurer or sue the responsible party.
If you live in Maryland and you’re considering suing the party, you should act soon. To sue, you have five years from the day of your incident or three years from the day of your discovery of your child’s condition, whichever is sooner, to file a medical malpractice lawsuit, according to Md. Cts. & Jud. Proc. § 5-109. By hiring a lawyer from our firm soon, you’ll give them the best chance to meet the filing deadline.
Our Firm’s Attorneys
At our firm, our attorneys represent especially vulnerable people in Maryland. Many of our clients are the parents of children who suffered birth injuries but can’t defend themselves. We give them a voice and help their parents voice their concerns to large, intimidating entities, like hospitals and insurance companies.
We also provide invaluable services for our clients. We investigate their incidents for them and negotiate with insurers on their behalf. If negotiations fail, we don’t hesitate to take our clients’ cases right to court. As successful negotiators and litigators, our attorneys have achieved many-million-dollar-settlements and verdicts for our clients.
Contact Our Baltimore Brachial Plexus Team Today
At Brown & Barron, we want to help your child if they’re suffering from an injury that was entirely preventable. One of our Baltimore brachial plexus injury attorneys will do everything possible to ensure you and your child receive the compensation you deserve, whether it be for costly medical bills, surgeries, rehabilitation, or mental and emotional distress. We won’t give up on you or your child’s rights.
Call our firm today for a free case review with a member of our team.
Contact Brown & Barron online today to schedule a free case review with a with a brachial plexus lawyer serving Baltimore.