It is important for you to look for solutions to your child’s brachial plexus injury. Your child may be eligible for compensation to help cope with their injury. A very reasonable question to ask if you are concerned about the welfare of your child is what the average brachial plexus settlement value of brachial plexus birth injury cases is and what your child will likely get if the case goes to trial.
Over $2 million in settlements or verdicts was the average amount of some cases that dealt with brachial plexus birth injuries. But the severity of these injuries varies greatly from one to another. So the average payout is not helpful in this situation.
Your child’s medical records will give you an idea of the range of your child’s brachial plexus lawsuit settlement. The attorneys of our firm will provide you with a free evaluation of these records.
Do I Need to File a Brachial Plexus Injury Lawsuit?
Brachial plexus lawsuits can be filed when children suffer needless severe pain because of medical negligence. In a brachial plexus lawsuit, injured families can hold a negligent medical professional to account for their malpractice and receive closure and justice.
Families are also able to cover the cost of repairing nerve damage with compensation from brachial plexus lawsuits. Parents may not be able to afford the higher health care costs and out-of-pocket expenses associated with children with special needs.
Study results published by the National Institutes of Health indicate that low-income families are frequently hit the hardest by the cost of caring for disabled children. There is a chance that family members who need financial relief will get it if they file a brachial plexus lawsuit.
How Brachial Plexus Injury Lawsuits Work
Each medical malpractice case involving brachial plexus injury differs, but the following steps are commonly followed.
Obtain a Free Case Review
Consult a qualified birth injury lawyer for a free consultation if you plan to file a brachial plexus lawsuit. You will be able to get free legal advice and speak with a brachial plexus injury lawyer about your case.
In this case evaluation, you and your lawyer will determine how strong your brachial plexus claim is. When you and your attorney establish an attorney-client relationship, the legal process can begin.
Assess the Value of the Case
In order to establish your case value, your lawyer will determine the future treatment your child may need for the affected arm before formally filing your brachial plexus claim.
As part of your brachial plexus injury case, your lawyer can create a lifetime care plan that details the cost of your child’s care over the course of their lifetime. If your child’s injuries resulted in brachial plexus injuries, this can help predict how much brachial plexus compensation you could receive.
For your attorney to build the strongest case possible, you will need evidence that proves your child’s injury could have been prevented.
The following are possible pieces of evidence:
Documentation of the specific sequence of events leading up to and immediately following childbirth
Medical records for fetal development
The medical records of the mother, including any risk factors known to her
Filing the Lawsuit
It is then up to your legal team to file the lawsuit against the defendants, who are usually the medical staff members who delivered your child.
It is generally expected that the defendants will respond to your birth injury claim within 30 days. Upon receiving their response, the court will set a schedule for your brachial plexus case.
To support your case, your lawyer will gather more evidence during the discovery phase. Defendant’s attorneys will gather their own evidence to prove their case.
During discovery, the following information is collected:
Interrogatories – Both sides have a written set of questions they want to be answered by the other side
Requests for disclosure and production: – The right to access documents, records, and information about the case
Admissions – A request for the other party to comment on aspects of the case
Expert reports – Professional medical advice and medical reports.
Depositions – Sessions with witnesses to ask and answer questions
What Factors May Affect How Much Your Brachial Plexus Case Is Worth?
There are a number of factors that determine the value of your brachial plexus case. A case value can provide an idea of the amount of compensation you might receive. There are several factors that can affect the value of a brachial plexus case, including Accurate documentation of injuries or other incidents relating to the injury, amounts owed for past and future treatments, injury severity, the statute of limitations, and whether the lawsuit was filed in a timely manner.
In some cases, the case value may change over time as more information becomes available. The value of the case may be affected by these factors as the case progresses. Your lawyer will identify these factors as the case progresses.
How Much Do Brachial Plexus Injuries Generally Cost?
It is common for birth injury medical malpractice cases involving brachial plexus injuries to settle for between $750,000 and $2,500,000. There is a very wide range in severity of birth injuries to the brachial plexus owing to their variable nature. Depending on the severity of the injury, brachial plexus injuries can have permanent injuries like having an entire arm paralyzed, a minimally paralyzed upper limb, or complete paralysis.
Consequences of Brachial Plexus Birth Injuries
During the course of childbirth, when the infant’s head and neck are pulled to the side during the passage of the shoulders, the infant suffers a brachial plexus injury. Doctors must act quickly to prevent the baby’s shoulder from getting stuck behind the mother’s pelvis. An inexperienced or oblivious physician may make a medical error and try to use excessive force to dislodge a baby by using medical tools or by using inappropriate maneuvers. Brachial plexus nerves can easily be strained or lacerated by these actions.
There are a number of factors that can increase the risk of your baby suffering a brachial plexus birth injury:
High infant birth weight
Failure to order a timely c-section
Using too much force with forceps or a vacuum extractor
The baby’s shoulders are too wide
The attending physician must determine whether an emergency cesarean section (c-section) is necessary to protect the baby’s health and safety before nerve injury can occur. The mother has the right to sue if the doctor failed to do a timely c-section or accidentally injured the baby’s brachial plexus during the procedure.
Damages to the Brachial Plexus Nerve
During the birthing process doctors can cause the following nerve injuries to a newborn’s neck:
Neuropraxia: There is stretching of the nerve, but not tearing.
Rupture: There is a rupture of a nerve, but not of the spinal cord.
Avulsion: A nerve from the spinal cord has been severed.
As far as brachial plexus birth injuries go, avulsion is the most serious. Nerve roots are pulled from the spinal cord following a birth trauma. The baby’s shoulder, arm, and hand may experience decreased muscle function and sensation due to this injury. Injuries of this nature cannot heal on their own or be surgically repaired; they require a doctor to carry out a nerve transfer for treatment.
Other debilitating medical conditions can result from brachial plexus birth injuries, including:
Get a Free Consultation With an Experienced Brachial Plexus Injury Lawyer Today
A serious brachial plexus injury can lead to birth injuries that can affect your child and medical bills for a lifetime. Many of these injuries could have been prevented and are caused by human error. Contact our brachial plexus lawyer’s team today if you want to pursue financial compensation for the condition of your child.
Children aren’t the only people who are affected by a brachial plexus injury, a person who has sustained severe damage from road traffic accidents can also suffer permanent disabilities from a brachial plexus injury. Whether these injuries occur from medical negligence or from a personal injury accident, our lawyers will work to provide you with the appropriate financial compensation for you or your child to make a full recovery.
Our law firm has an experienced birth injury attorney who understands this complex field of law well. With aggressive advocacy, compassionate guidance, and personalized legal services, we pride ourselves on providing the highest level of service. Through our assistance, you can obtain restitution that covers both current and future medical expenses for your child.