Brachial Plexus Lawyers

If your newborn baby is unable or finds it difficult to move one of their hands or arms, it could be due to a brachial plexus birth injury. These injuries, unfortunately, are sometimes caused by medical malpractice.

In the United States, approximately 2 out of every 1,000 babies born each year suffer from a brachial plexus birth injury during delivery. Unfortunately, such injuries can have lasting consequences, with some babies never fully regaining the use of their arm or hand. If medical malpractice or negligence directly contributed to the brachial plexus injury, your family may be entitled to compensation for medical expenses and other necessary damages for your child’s care.

The challenges posed by a brachial plexus injury can be overwhelming for families, both emotionally and financially. Medical expenses for the care of the injured child can be substantial, adding further strain. If your child has been diagnosed with conditions such as Erb’s palsy linked to brachial plexus damage, we are here to provide guidance and support throughout this difficult process.

Navigating the complexities of brachial plexus injuries and the legal process can overwhelm parents and families. If your child is diagnosed with Erb’s palsy or any other condition related to brachial plexus damage, you don’t have to face this challenging situation alone. Palmer Law Group brachial plexus injury lawyers are here to help you seek justice when medical malpractice causes harm and disability. We will guide you through the process and help you take the necessary steps to ensure your child’s well-being and future.

What Is a Brachial Plexus Injury?

A brachial plexus injury (BPI) is a condition that affects the network of nerves responsible for sending signals from the spinal cord to the shoulder, arm, and hand. The brachial plexus is a multifaceted bundle of nerves originating from the cervical spine (neck) and extending into the axilla (armpit) region. These nerves control the movement and sensation of the upper limb.

Brachial plexus injuries can occur due to various reasons, including:

• Trauma: One of the most common causes of BPI is trauma, such as during motor vehicle accidents, sports injuries, or falls. Stretching, compression, or tearing of the nerves can happen when the shoulder is forcefully pulled away from the neck, damaging the brachial plexus.
• Birth Injuries: Brachial plexus injuries can also occur during childbirth, especially if there are complications during delivery, like shoulder dystocia. This can happen when the baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, stretching or tearing the brachial plexus.
• Tumors or Masses: Growths in or around the brachial plexus can compress or invade the nerves, leading to injury.

What Is a Brachial Plexus Birth Injury?

Brachial plexus birth injury is a condition that occurs during childbirth when the brachial plexus nerves are damaged. The brachial plexus is a network of nerves that originates from the spinal cord in the neck and extends through the shoulder and into the arm. These nerves control the shoulder, arm, and hand movement and sensation.

During complicated childbirth, excessive traction or stretching of the baby’s neck and shoulder can lead to injury or tearing of the brachial plexus nerves. This is more likely to happen during prolonged labor when complications such as shoulder dystocia (the baby’s shoulder gets stuck behind the mother’s pelvic bone) or when the baby is large.

This condition manifests as either partial or complete paralysis of an infant’s upper limb, often arising from actions taken by the attending obstetrician during childbirth. Consequently, it can lead to substantial disability, with the affected arm or hand experiencing a partial or total loss of function. The severity of the nerve damage determines the permanence of this disability.

Several factors increase the risk of a brachial plexus birth injury for your baby, including:

• Prolonged labor
• High infant birth weight
• Breech birth
• Shoulder dystocia
• The use of forceps or a vacuum extractor
• Baby’s shoulders are too wide
• Failure to order a timely C-section.

Before a nerve injury can occur, the attending physician must carefully assess and determine if an emergency cesarean section (C-section) is necessary to safeguard the baby’s health and safety. If the doctor fails to perform a timely C-section or inadvertently injures the baby’s brachial plexus during the procedure, the parents can file a negligence claim seeking compensation for injury caused to the baby.

Why Choose Palmer Law Group, Kansas Brachial Plexus Lawyers?

When facing the challenges of a brachial plexus injury, choosing the right legal representation can be critical to securing the compensation and justice you deserve. At Palmer Law Group, we are adept in handling brachial plexus injury cases and have built a reputation for our dedication, expertise, and track record of successful outcomes. Here are some reasons to choose Palmer Law Group as your legal advocate.

• Comprehensive Legal Support: Brachial plexus injury cases can involve intricate medical and legal aspects that require thorough investigation and analysis. We offer comprehensive legal support, including access to medical experts and other professionals relevant to the case. This approach strengthens our ability to build a compelling case, uncover essential evidence, and present a persuasive argument in court or during negotiations.
• Specialization in Brachial Plexus Injury Cases: Our primary focus is representing clients with personal injuries and medical malpractice, such as brachial plexus injuries. We have gained extensive expertise in handling such cases, understanding the unique challenges and medical complexities. This specialization allows our attorneys to offer tailored strategies and in-depth knowledge, maximizing the chances of a successful outcome for their clients.
• Compassionate and Client-Centered Approach: A brachial plexus injury can be a life-changing event, impacting the victim and their loved ones. We recognize the emotional and financial toll such injuries can take on individuals and families. As a result, we approach each case with a high level of compassion and sensitivity. Our attorneys take the time to understand your unique circumstances. We will ensure our legal strategy aligns with your needs and goals.
• Skilled Negotiators and Trial Lawyers: While many personal injury cases can be resolved through negotiations, some may require litigation to secure a fair settlement. Our brachial plexus attorneys are not only skilled negotiators, but they are also formidable trial lawyers. They are prepared to take cases to court if necessary, with the tenacity and expertise to present a compelling case before a judge and jury.

Steps to Take Following a Brachial Plexus Injury

When faced with a brachial plexus injury, taking appropriate steps to manage the situation effectively and promote optimal recovery is essential. A brachial plexus injury can significantly impact your life, affecting your ability to perform daily tasks, work, and participate in recreational activities. After a brachial plexus injury, the following steps are wise:

• Seek immediate medical attention.
• Document the incident.
• Consult a specialist.
• Keep detailed records.
• Stay informed and engaged in your recovery.

Establishing Medical Malpractice

To hold medical professionals accountable for your baby’s injury, we will establish the four essential elements to build a solid medical malpractice case:

1. Doctor-Patient Relationship: The first crucial element is demonstrating the existence of a doctor-patient relationship. This means that a doctor provided medical treatment to you or your baby, and you consented to receive that treatment.
2. Breach of Duty of Care: The second element involves showing that the doctor failed to uphold their duty of care, to provide medical treatment consistent with the accepted standards within the medical community.
3. Causation: Establishing a direct link between the doctor’s breach of duty of care and your baby’s injury is necessary. Proving that the breach was the primary cause of the injury or worsened an existing condition is crucial in building a strong case.
4. Damages: The case must demonstrate that your baby’s injury resulted in damages. These damages can encompass physical pain, medical expenses, and any other losses due to the injury.

By fulfilling these four elements, we can effectively present a compelling case to hold medical professionals accountable and seek the appropriate compensation for the harm caused to your baby.

Discuss Your Case With an Experienced Brachial Plexus Attorney Today

A brachial plexus injury can leave a lasting impact on your life. These injuries are often avoidable, arising from human errors. You deserve compensation for the pain you are going through, and we are here to help you through this difficult journey.

FAQs

What Damages Can I Recover In a Brachial Plexus Injury Lawsuit?

In a brachial plexus injury lawsuit in Kansas, you may recover various damages, including medical expenses, physical therapy costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and possibly punitive damages in cases involving gross negligence or intentional harm.

Can I Pursue a Legal Claim for a Brachial Plexus Injury Caused By Medical Malpractice in Kansas?

You can pursue a legal claim for a brachial plexus injury caused by medical malpractice in Kansas. If medical negligence or errors during childbirth or surgery lead to the injury, you may be entitled to seek compensation for your damages.

Can Brachial Plexus Injuries Result in Long-Term Disabilities?

Yes, severe brachial plexus injuries may lead to long-term disabilities. Treatment options in Kansas may include physical therapy, occupational therapy, pain management, and, in severe cases, surgical intervention to repair the damaged nerves or grafting procedures.

Attorney LJ Leatherman

LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]