The network of nerves that connect the shoulders and spine are called the brachial plexus. If a baby sustains an injury to the brachial plexus during birth, he or she is at risk of developing Erb’s palsy. This is a paralytic condition that affects the arms and shoulders.
Most of these injuries can be prevented by the medical team who are in the delivery room. However, if your baby sustained a brachial plexus injury that has resulted in Erb’s palsy, our experienced medical malpractice birth injury lawyers can assist you with your claim.
Different Types of Brachial Plexus Injuries and Related Complications
There are a number of different types of brachial plexus injuries, including:
- Klumpke’s palsy
- Erb’s palsy
- Shoulder dystocia
Infants who suffer from this injury are usually improperly forced and pulled on during delivery. Mostly, these injuries occur during a difficult labor and childbirth.
The complications of a brachial plexus injury can incorporate:
- Full or partial paralysis
- A decreased hand grip on the affected side of the body
- A limp hanging arm on the affected side
- A weak Moro reflex
- A claw-like hand
There are several treatment options for infant brachial plexus injuries, such as:
- Medication for pain management
- Physical therapy
Could the Brachial Plexus Injury Have Been Prevented?
Brachial plexus injuries that led to Erb’s palsy are typically a result of the baby not being delivered naturally or because the OB/GYN mishandled the infant when pulling on his or her head from your birth canal.
If this was the case with your baby, you might be eligible to seek compensation for injuries, medical bills, and pain and suffering.
The Amount of Compensation You Can Pursue
A brachial plexus attorney won’t be able to tell you the exact amount of compensation you will get. That’s because every case is unique and the final payment amount will not be known until a settlement is reached.
There are a number of factors that determine the amount of compensation you could receive, such as:
- The severity of your infant’s injury
- The area of his or her body where the injury occurred
- The part of the nerves that were damaged
- The costs associated with medication and therapies
- The cost of surgery, if applicable
Typically, in a brachial plexus injury case, you can expect to receive compensation for:
- In-home care costs
- Medical expenses – both past and future expenses
- Emotional pain and anguish
- Medication costs
- Lost wages if you have had to leave your job or reduce work hours to care for your baby
- Occupation and physical therapy expenses
In some instances, you may be awarded punitive damages. These are a way to reprimand the defendant for reckless and willful medical mistakes. These damages in a personal injury and medical malpractice case tend to vary from state to state. However, most states suggest that the defendant would have known that they were acting wrongly and inappropriately but participated in such negligent behavior.
When Should You Speak to a Lawyer About a Brachial Plexus Injury?
If you think your infant’s injury occurred as a result of medical negligence, you should seek the advice of an attorney as early as possible. One of our experienced brachial plexus attorneys at Dansker & Aspromonte will be happy to give you a free consultation to determine whether or not you have a valid case to pursue.
When it comes to filing a claim for medical malpractice and personal injury, most states dictate that you have to prove that:
- It was a breach of duty that led to your child’s injuries
- The defendant had a duty of care at the time of the injury. In other words, the person you are filing a lawsuit against was responsible for your baby’s care when the injury happened
- The duty of care was breached by inappropriate actions
While it can be tough talking to an attorney when you are worried about you baby, you need to do so before the statute of limitations in your state run out. Typically, the statute of limitations runs for two years in the case of medical malpractice, but some states’ statute of limitations only run for a year.
Finding an Experienced Brachial Plexus Lawyer
One of the most popular ways people find lawyers is via word-of-mouth. It is a good idea to talk to friends and family for their recommendations. Even if they are not familiar with brachial plexus injuries, they may be able to suggest a general practice attorney.
Many people also tend to turn to the Internet to find legal representation. Studies have shown that more than 50% of people looking for legal representation use online resources like social media. However, our birth injuries attorneys at Dansker & Aspromonte have 35 years of experience dealing with brachial plexus injury claims and have reclaimed thousands upon thousands of dollars for our clients.
How You Can Choose a Reputable Brachial Plexus Attorney
It is always a good idea to talk to different attorneys before you settle for one. While interviewing attorneys, be sure to narrow down your shortlist to attorneys, like ours, who specialize in birth injuries.
A general practice lawyer may be competent and experienced enough, but specialized lawyers, like the team at Dansker & Aspromonte, are far more familiar with brachial plexus injuries than other types of general attorneys.
We offer free initial consultations and a track record of successful birth injury cases. All our attorneys are easy to communicate with and will keep in touch with you throughout your case so you can carry on caring for your baby.
- When you meet with one of our attorneys, we are happy to discuss:
- How much the attorney will keep you in the loop during your case
- How many birth injuries the attorney has worked on and their success rate
- The outcomes of previous brachial plexus injury cases that they have worked on
- How much time will be dedicated to your case
How Can an Experienced Brachial Plexus Lawyer Help You?
Lawsuits involving brachial plexus injury are incredibly complicated. That’s why they require the help of an experienced and knowledgeable lawyer. The lawyer will carefully research your case and gather the necessary evidence. He or she will also interview witnesses and experts. Most importantly, your lawyer will take on the task of presenting your case and set to work negotiating a settlement.
Once your lawyer has gathered sufficient evidence, and the defendant has been informed of your lawsuit, your lawyer and the lawyer of the accused, will begin pre-litigation, or the discovery phase.
During the discovery phase, your attorney will work hard to prove your case to the defense by presenting them the evidence, expert statements, and witness statements. Any other relevant information that establishes the defendant’s liability will also be presented.
It is often during the discovery phase that most brachial plexus injury cases are resolved, and a favorable settlement is reached. This is usually the longest part of the lawsuit, but once your lawyer reaches an agreement, you will receive compensation for your baby’s injuries.
If your case does not settle during the pre-litigation phase, your attorney will begin preparing the case for trial. Typically, lawsuits for medical malpractice are rare. But, they can indeed happen.
Our open and knowledgeable lawyers will keep in contact with you every step of the way so that if your case does have to go to trial, you are well prepared.
What to Do If Your Baby Was Injured at Birth
If your baby suffered a brachial plexus injury at birth that was preventable, our attorneys can advise you on the best way forward with your claim. Our attorneys are here to help you and answer any questions you have. We offer free initial consultations and won’t charge you a fee until we win or settle. We strive to achieve maximum compensation for all our clients.
If your child was injured and as a result has developed Erb’s palsy, please don’t wait any longer. Get in touch with us online or by calling 212-732-2929. We serve the Manhattan, Staten Island, Queens, Brooklyn, and New York City Metro areas.