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CHRIS MOVA

Brachial Plexus Injury Lawyer

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Why Do You Need a Brachial Plexus Injury Lawyer?

If you have been injured in an accident and suffered a brachial plexus injury, you may be wondering if you need a lawyer. A brachial plexus injury can be very serious and can lead to long-term disabilities. You may be entitled to compensation for your injuries, but it is important to seek legal advice from a qualified attorney. There are many factors that will play into your case, and it is important to have experienced birth injury lawyers on your side. Contact a brachial plexus injury lawyer today to discuss your case and find out how they can help.

Considering Legal Action: What a Brachial Plexus Injury Lawyer Can Do For Your Case

You might be able to obtain financial compensation by filing a lawsuit if you believe you or your child’s caregivers made mistakes that caused your brachial plexus injury. 

Despite this, you may not be sure where to begin or how to construct the proof you need to prove your point. The services of a brachial plexus accident lawyer can be of help in such a scenario.

A birth injury attorney is an experienced litigator and settlement expert. An experienced lawyer in this type of litigation will be able to review the evidence and determine if there is a valid claim.

You can contact a lawyer for help in putting together your case, filing the right paperwork, and obtaining legal representation.

Whether it’s in court, in arbitration, in hearings, or any other legal forum in which you need to make your arguments, your lawyer will represent you.

An attorney can negotiate for you on your behalf with the medical professionals who are willing to settle and get you the maximum amount of compensation you deserve.

Many cases have been documented where parents won compensation for their disabled children because of medical mistakes that occurred during the delivery process.

A majority of medical malpractice cases involving brachial plexus injuries have a monetary settlement. It is thus worth your time and effort to speak with an experienced attorney who can help you settle your case.

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Why You Should Consult a Brachial Plexus Lawyer

When your child’s brachial plexus injury faces lifelong complications, they are also faced with many challenges.

Adaptive devices, physical therapy, occupational therapy, pain medications, and accommodations at school and in the workplace may also be required to allow these children to live a normal, healthy, and long life.

Children may also experience bullying and teasing, and suffering from emotional trauma may require treatment. 

An attorney is helpful if there could have been a way to prevent the brachial plexus injury. 

When medical caregivers make a poor judgment or show negligence during childbirth, these injuries can occur. An attorney who is qualified to handle brachial plexus injury cases can assist you in deciding whether your case is valid and if someone can be held accountable for your child’s injury.

Generally, proving that you received quality care during labor and delivery is necessary for situations like this. It is your responsibility to demonstrate that the medical personnel who handled your child improperly or neglected to take appropriate measures.

Additionally, you must prove the existence of a doctor-patient relationship. To prove the mistakes responsible for your child’s injury, you’ll need to provide evidence of the errors they made.

Brachial Plexus Lawsuits Our Lawyers Handle

Childbirth causes the vast majority of brachial plexus injuries we see at our law firm. Our lawyers occasionally see cases involving adult brachial plexus injuries as well. Our lawyers have seen many seat belt injuries caused by the lap belt crossing the brachial plexus. 

Our firm also handles motorcycle and four-wheeler brachial plexus injury cases. It is usually caused by excessive lateral traction on the infant’s head during birth that a brachial plexus injury occurs. An excessive amount of traction can pull the child’s head and cause severe injuries to the nerve roots of the brachial plexus, most commonly the C5, C6, and C7 nerve roots.

A rupture or avulsion injury can happen to an infant delivered with excessive traction. These are the most dangerous. Although we increasingly have the ability to repair brachial plexus injuries, an avulsion or rupture has little chance of recovery without immediate surgery to reconnect the nerve network and the spine.

Value of the Brachial Plexus Settlement

When your child suffers a brachial plexus injury, you are hoping to find answers. Receiving compensation might be the answer to your questions. As a parent, you may want to know what the average settlement value of brachial plexus birth injury cases is and what your child’s case might be worth.

Some cases have over $2 million in settlements or verdicts for brachial plexus birth injuries. The severity of the injuries varies greatly, however. As a result, average payouts are not very useful.

In the end, your child’s medical records will determine the range of settlement amounts for your brachial plexus lawsuit. (Our lawyers will review the documents for free.) 

To help you better understand the range of value of these cases, we have provided sample claims below. Is it reasonable to assume that the settlement or trial compensation payment is the same as yours? Certainly not. However, these 17 cases provide a large enough sample size of results and facts to help you better understand the value of your case.

How Much Are Brachial Plexus Injury Cases Worth?

In birth injury malpractice cases involving brachial plexus injuries, the average settlement value is around $750,000 to $2,500,000. Birth injuries to the brachial plexus can have a wide range of severity and permanence, which accounts for this wide range. Children may suffer from permanent arm paralysis from brachial plexus injuries, while in other cases, the impact is minimal.

Experiencing a Brachial Plexus Injury

Injury to the brachial plexus is usually caused by difficult labor. A breech birth position, prolonged labor, large birth weight, obstructions, or other complications all increase the risk of brachial plexus injuries.

It is possible for the baby’s shoulder, head, or neck to be overstretched and torn during labor when excessive force is applied to the baby or when part of the baby gets stuck in the birth canal and there is excessive pressure. 

There are five nerves in the brachial plexus that control the movements and sensations of the arm. Their path begins with the spinal cord, runs through the neck, and ends up in the arm. As they branch out into the arm and out to the fingers, they attach to the smaller nerves below.

These nerves may experience minor stretching or tears from overstretching. The worst type of injury is avulsion, which occurs when a nerve has been ripped completely from its connection with the spinal cord.

It is possible for birth-related injuries to affect one or more of the five nerves in the brachial plexus.

Can Brachial Plexus Palsy Be Caused By Medical Malpractice?

An act of medical malpractice is when a medical professional fails to adhere to the standard of care, skill, and treatment that would be provided if the same circumstances were repeated. In order to constitute negligence, both actions and omissions must occur when attending to the patient, including the mother and child during delivery.

Brachial plexus palsy can result from a variety of factors, but a doctor’s or staff’s failure to adhere to the standard of medical care may result in serious injury for the child.

Persisting Complications of a Severe Brachial Plexus Injury

Children with brachial plexus injuries during childbirth usually have good outcomes. A fractured nerve can heal with time after a small fracture. In contrast, more severe trauma can have lasting effects.

It is known as Erb’s palsy when the nerves controlling the upper arm are affected. 

Klimpke’s disease occurs when nerves in the lower arm are damaged, and when all five nerves are affected, it is known as global palsy. The most common type of palsy caused by brachial plexus damage is Erb’s palsy.

It may be necessary to perform surgery on severely damaged nerves, but this usually does not heal the damage completely. There are a few children who are permanently disabled as a result of severe brachial plexus injuries.

Aside from muscle weakness, tense and overly contracted muscles, and loss of sensation, this condition can also cause partial or complete paralysis.

Causes of Brachial Plexus Palsy

Brachial plexus palsy can develop in both vaginal and Cesarean births, as the shoulder becomes lodged against the mother’s pelvic bone, necessitating special care in the delivery of the child. Childbirth is a complicated and often unpredictable process and doctors are often faced with problems that require split-second decisions. Unfortunately, in some cases, doctors make the wrong decision or one that would not be chosen by other physicians in their position. To prevent injury, obstetricians should be familiar with a number of techniques to avoid complications and shoulder lodging.

Excessive Pressure on the Head of an Infant

When childbirth is difficult, it is possible for the child’s shoulder to lodge against the mother’s pubic bone. As a result, doctors may apply excessive pressure to the child’s head and shoulders, causing tearing, ripping, and nerve damage. A doctor who has experience delivering newborns should know which techniques are more suitable and safer for the delivery of the child.

The Improper Use of Vacuums

In some cases, birth complications such as misalignment, breech birth positioning, difficulties pushing, problems with the infant’s vital signs, or prolonged labor may require doctors to use a vacuum to ensure safe delivery. Hospital staff and doctors should be knowledgeable about the use of vacuums and know when they should use them. Incorrect use of vacuums can damage an infant’s delicate skull and cause nerve damage to a child’s neck and shoulders.

Misuse of Forceps

A mother may have difficulty delivering a child on her own, necessitating the use of forceps in some instances. When the child is misaligned or breached, forceps help guide them through the birth canal by clamping down on the skull. Keeping in mind the delicate nature of an infant’s skull, the attending physician should use extra caution to avoid injury to the child. The correct use of forceps can assist with delivering a baby and avoid complications such as hypoxia and oxygen loss; however, if the tool is not used correctly, it can cause severe neurological damage to the newborn. Furthermore, exerting too much pressure can cause strain on the neck and shoulders, which may lead to brachial plexus palsy.

Breech Births

Almost all babies are born head-first in nearly 97 percent of cases. Doctors can determine at the eighth month of gestation whether the child is poised for breech delivery, in which the baby is delivered feet-first rather than head-first. It may be necessary to perform an ultrasound to determine the child’s position in some cases. Preventative measures should be taken, and a birthing plan should be prepared for these cases to ensure the child’s safety. The neck, head, and shoulders of a child can be severely affected by a breech birth. A breached child being delivered without proper preparation could be considered medical malpractice.

If a doctor pays full attention to the patient, brachial plexus palsy can be anticipated and potentially prevented. It is possible for a doctor to be liable for damages if he or she fails to monitor the fetus in the weeks and days leading up to the birth.

Negligence by a medical team may be indicated by:

  • The failure to recognize the large size of the child in the womb
  • Inability to recognize fetal distress or to position in the womb
  • Not responding to changes in a mother’s condition during childbirth
  • Compressing or entrapping the umbilical cord without realizing or attending to it
  • Labor-stimulating drugs are misused
  • Failing to order a Cesarean section promptly and timely
  • Inadequate care and resuscitation of newborns after birth

Klumpke’s palsy is also a result of medical malpractice, which is a form of paralysis. Attending physicians may be considered negligent if they fail to recognize signs and symptoms of birthing difficulties in these situations.

  • Fetal Macrosomia, where a baby weighs 9 pounds or more in utero
  • The mother’s pelvis is abnormally small or uniquely shaped
  • Pregnancy-related weight gain for the mother
  • Mother’s obesity
  • An earlier birth injury resulted in injuries to the brachial plexus
  • Previous experience with large newborns
  • Diabetes during pregnancy
  • An unusually slow dilation

Various Types of Brachial Plexus Palsy Injuries

The brachial plexus can be injured in a variety of ways. The most common injuries include:

Erb’s Palsy

The condition is known as brachial plexus palsy also called Erb’s palsy, occurs when birth trauma affects one or all five of the primary nerves in the brachial plexus that provide movement and feeling to the arms and shoulders. The muscles of the shoulders and the biceps are often weak after this type of birth injury. It may lead to partial or total paralysis.

Global Palsy

Global palsy affects all five nerves in the brachial plexus. The arm, hand, and shoulder are immobile. The arm may not have any sensation. These injuries account for about 25 percent of brachial plexus injuries.

Horner’s Syndrome

About 15 percent of brachial plexus injuries are caused by Horner’s syndrome. It is often accompanied by an avulsion. T2 to T4 nerves may be damaged. Children with this birth injury may have drooping eyelids, smaller pupils, and diminished sweat production on parts of their faces.

Klumpke’s Palsy

The brachial plexus is injured in the lower roots. As with Erb’s palsy, Klumpke’s palsy can lead to paralysis or weakness after stretching the nerves during delivery. The hands and wrists of children with this injury are limited in movement.

Talk to Our Brachial Plexus Injury Lawyers for a Free Case Evaluation

When your loved one has been injured by a brachial plexus injury, you are not sure if the damage was caused by medical negligence or an accident. In some cases, a medical malpractice lawsuit may be viable – and our lawyers can help ensure you receive results if you do. Speak to our attorneys today for a free consultation online.

FAQs About Brachial Plexus & Brachial Plexus Injury Lawyer

What Is the Brachial Plexus?

There is a network of nerves that transmits messages from the spine to the shoulder, arm, and hand, known as the brachial plexus. Birth injuries cause damage to those nerves to the brachial plexus – sometimes, but not always permanently.

Unresolved injuries can be difficult for children. The brachial plexus is responsible for nearly half of all arm paralysis. Some childbirth injury victims suffer from a lack of mobility, sensation loss, and unremitting pain in their arms.

How Do You Define the Brachial Plexus?

Our neck and shoulders are connected by a network of nerves called the brachial plexus. Nerves in the shoulder, arm, and hand send electrical signals to muscles in the brain and spine. These nerves are damaged when the brachial plexus is injured. They transmit messages that allow the arm to move and feel. A compromised nerve path will prevent signals from the brain from reaching the individual muscles in the arm, which will limit the arm’s normal function. An entire arm can be paralyzed if the damage is severe.

How Can the Brachial Plexus Get Injured During Childbirth?

Injuries to the brachial plexus occur when babies’ heads or shoulders remain stuck within the birth canal, and a doctor uses too much lateral traction or too much pulling. Nerves in the brachial plexus can be overstretched and/or torn. When complications such as shoulder dystocia occur, this type of brachial plexus injury is widespread.

How Common Do Brachial Plexus Injuries Occur?

In the United States, brachial plexus injuries occur in roughly 4 out of every 1000 live births. In 5% to 20% of these cases, the arm is permanently paralyzed.

How Much Force Is Necessary to Injure the Brachial Plexus?

Childbirth injuries caused by excessive lateral traction by the OB/GYN are almost always due to extreme lateral traction. The exact amount of force needed to damage the brachial plexus is unclear and probably varies based on a number of factors. However, if the doctor uses a great deal of pressure during delivery, the baby may suffer severe damage to the brachial plexuses.

What Is the Sign of a Permanent Brachial Injury?

It is possible for nerve damage to heal over two years, yet one study suggests that 93% of patients will reach full recovery within four months. A newborn, however, makes this difficult to determine. You can only tell whether an injury is temporary after letting it heal unless you conduct tests. An MRI will reveal nerve root avulsion.

Can You Sue for Brachial Plexus Injury?

If you have suffered a brachial plexus injury, you may be wondering if you can sue for compensation. The answer is, yes. Brachial plexus injuries can be very serious and can lead to long-term disabilities. You may be entitled to compensation for your injuries, but it is important to seek legal advice from a qualified attorney. There are many factors that will play into your case, and it is important to have experienced birth injury lawyers on your side. Contact a brachial plexus injury lawyer today to discuss your case and find out how they can help.

Are Brachial Plexus Injuries Permanent?

Brachial plexus injuries can be quite serious, often leaving victims with permanent disabilities. Although not all brachial plexus injuries result in permanent damage.

Who Can Be Sued in a Brachial Plexus Injury Lawsuit?

A brachial plexus injury can be caused by a wide range of accidents, including car accidents, slip and falls, and even medical malpractice. There are many types of injuries that can affect the brachial plexus, including nerve damage.

The brachial plexus is a network of nerves that connects the spinal cord to the upper arm muscles. When these nerves are damaged or injured in some way, it can cause pain and other symptoms to occur in the arm. The type of injury will determine who can be sued for damages in a brachial plexus injury lawsuit.

When Should I See an Attorney After Sustaining a Brachial Plexus Injury?

A brachial plexus injury is a severe injury that can result in permanent disability. This type of injury is often caused by car accidents, falls, and sports injuries. When an individual sustains a brachial plexus injury, it can be difficult for them to move their arm or hand. The severity of the injury varies from person to person and depends on the location and severity of the damage to the nerves. If you have sustained a brachial plexus injury, it is important that you see an attorney as soon as possible because they can help you understand your rights and options.

What Is the Statute of Limitations for Filing a Birth Injury Malpractice Case Involving a Brachial Plexus Injury?

The statute of limitations for filing a birth injury malpractice case involving a brachial plexus injury depends on which state you reside in. Most states give two to three years from the date of the injury.

Can You Recover From a Brachial Plexus Injury?

Recovery from a brachial plexus injury is different for everyone and depends on the severity of the injury. For some people, recovery may take months or years and for others, it may take days or weeks.

How Long Does It Take for a Person to Recover From a Brachial Plexus Injury?

It depends on the severity of the injury. A mild injury may take as little as a few weeks. A more severe injury, especially with damage to the spinal cord, may take months or years.

How Our Process Works

Once you’ve contacted our firm, our team of legal specialists including head personal injury lawyer Chris Mova will conduct a thorough investigation on the cause of the accident and where negligence can be proven against the other party. In almost every state within the United States including California, if you are found to be partially at fault, you can still file for compensation.

Here’s an example of how this works:

Example) If you were found to be at fault for the accident by 50%, then our firm will file for personal injury compensation against Amazon for the other 50% negligence held by their delivery driver.

Typically in most accident cases, if the at-fault party does not have insurance, we can go after your own insurance for compensation. In this case, since there is such a large insurance policy involved in the accident, more medical bills can be covered and better quality of doctors and health specialists can be used to treat your injuries if we were to go after the Amazon accident insurance policy. Makes sense right?

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