The birth of your child should be one of the happiest moments of your life. However, this happiness may suddenly disappear if you discover that your child has suffered a brachial plexus injury due to medical malpractice. Do you want to know about a brachial plexus injury lawsuit? If so, please read on!
Definition of Brachial Plexus Injury
In general, the brachial plexus is an important area of your child’s body that includes a group of five nerves, located between the neck and shoulder. These five tissues play a role in connecting the spine with your child’s upper limbs and extremities, such as the arms and hands.
In addition, the function of these five nerves is to provide sensation to all parts of the arm while providing the ability to use the muscles in the arm to move it. Because of this important function, if there is any injury to the nerves of the brachial plexus, it will be difficult for your children to move their upper body.
So, how can this nerve be damaged? What are the causes? The cause of brachial plexus damage is generally due to being overstretched. However, the severity of this nerve damage can range from stretching to tearing and even pulling of the entire spinal cord.
Also, the more severe the nerve damage, the more lasting the disability will be, possibly for life. In other words, if a newborn’s brachial plexus is overstretched, he may experience some minor symptoms. However, these minor symptoms will most likely resolve within a few months, leaving no permanent disability.
Instead, if your baby’s brachial plexus nerve damage is more severe to the point that it includes a tear, corrective surgery cannot restore full arm function. In this case, it means that your children may face lifelong disability. You don’t want this to happen, do you? That’s why you need to know about a brachial plexus injury lawsuit.
Most Common Causes of Brachial Plexus Injuries
How does the brachial plexus get damaged? What are the causes? After all, during childbirth, the baby’s head and shoulders may move away from each other which may cause the neck to stretch. As you already know, the nerve runs through the neck. So if the baby’s neck is stretched, then it can damage the nerves.
Even worse, if the stretch on the neck of the baby is hard enough, it can even create a tear in the nerve. This kind of damage often occurs when the baby’s arms, shoulders, or lower body are pulled too hard out of the birth canal while the baby’s head remains inside.
Aside from that, there are still several causes that lead to brachial plexus injury in infants. What are they? Check out the points below to find out the common causes of brachial plexus injuries.
- Traveling through a small birth canal
- Damage to the nerve root
- Injury to forceps or other delivery tools
- Shoulder dystocia, causing the neck and shoulders to stretch
- Torn or ruptured nerves during childbirth
- Delay in booking a cesarean section
Physical, Emotional, and Financial Consequences of Brachial Plexus Injury
The consequences of a brachial plexus injury from birth can adversely affect various aspects of you and your child’s life. These consequences are divided into three parts which include physical, emotional, and financial consequences.
The first is the physical consequences. If your child has a brachial plexus injury, then your child will likely experience physical symptoms and limitations. This often includes a reduced range of motion, loss of upper body control, and other injuries. This may even include neonatal brachial plexus paralysis.
Next are the emotional consequences that will also happen to you and your child. What we mean by emotional is that you will have to continue to watch your child go through the pain and deal with the many limitations that come with it later in life. These consequences will drain you mentally.
So, what are the financial consequences? The financial consequences of a brachial plexus injury are also very severe. What is the reason for this? It’s because a brachial plexus injury at birth requires long-term treatment that costs a lot of money. Below are some of the treatments that you may have to bear.
- Physical examination of your child
- Muscle transfer
- Nerve graft
- Nerve transfer from a healthy nerve to the affected area
- Nerve surgery
- Ongoing treatment for low birth weight
- Treatment for some other severe injuries
What is a Brachial Plexus Injury Lawsuit?
Any medical malpractice requires a lawsuit against the responsible party, which may be a doctor or an entire hospital. If your child has been injured because of actions taken or actions not taken by a doctor or other medical professional, it may be medical malpractice.
A brachial plexus injury lawsuit is a legal way to sue and seek financial compensation from the party responsible for your child’s injuries. To file a successful lawsuit, your legal team and lawyer must prove three things, among others:
- You must first prove that the person or facility you are suing had clear liability for your and your child’s medical care.
- You must further prove that the person or institution made a medical error.
- You must also prove that this negligence caused your child to suffer a brachial plexus injury.
Why Should I File a Brachial Plexus Injury Lawsuit?
A brachial plexus injury lawsuit has the potential to accomplish two things, namely justice and compensation. It is not fair that your child has to live with a disability for the rest of his life. In other words, someone should be held accountable for the wrong they did that caused the disability.
Furthermore, getting this justice protects other babies. Successful malpractice lawsuits force doctors and hospitals to be more careful, make better decisions, and implement policies that protect children and other patients.
A successful lawsuit can also provide you with financial compensation that can include things. Those are medical bills, future medical and therapy expenses, travel costs for treatment, lost wages, and pain and suffering.
How Much Does a Brachial Plexus Injury Lawsuit Worth?
A successful brachial plexus injury lawsuit results in damages awarded to the baby and his or her family. Damages cover associated costs, such as treatment, doctor’s appointments, and surgery. Damages may also cover non-economic costs, such as pain and suffering.
The amount of damages you may obtain for your child’s brachial plexus injury depends on many factors, such as:
- The severity of the injury
- The degree of negligence of a medical professional or hospital
- Past and current expenses related to injuries
- Estimated future costs associated with the injury, including treatment and therapy
- Families may get several thousand dollars or millions for their child’s brachial plexus injury, depending on the case.
Have You Known About Brachial Plexus Injury Lawsuit?
Your child’s birth into the world must be a happy moment in your life. Therefore, a brachial plexus injury lawsuit is a legal claim that is meant to help you and your child seek justice and compensation for malpractice committed by a doctor or hospital. If you are confused about this lawsuit, you can leave it to an experienced lawyer.
