A brachial plexus birth injury can occur if a medical provider uses too much force during the delivery of a baby. It can be a serious injury that impacts the child’s development and causes significant pain.

If your child sustained a birth injury because of medical negligence, hiring a birth injury attorney to assist you in filing a personal injury claim can be a good way of fighting for your child’s rights. Learn more about what this type of injury is and how it can occur.

Understanding a Brachial Plexus Birth Injury

The brachial plexus is a group of nerves that receives and sends signals to and from the spinal cord down to the shoulders, arms, and hands.

This bundle of nerves can suffer damage during a baby’s delivery if the doctor uses too much force. If the brachial plexus is stretched, squeezed, or torn from the spinal cord, serious issues can arise for your child.

Some of the most common signs that your child has sustained this injury include:

  • Weakness in the affected arm
  • Paralysis in the arm
  • Lack of movement of the arm

A brachial plexus injury tends to occur when the baby’s shoulders get stuck against the mother’s pelvic bone. This can result in the medical professional in charge of the birth choosing to use assistive devices, such as vacuum extractors, or pulling hard enough to result in damage.

Common Types of Brachial Plexus Birth Injuries

There are a few types of brachial plexus injuries that can lead to birth injury claims.

Neurapraxia

Brachial plexus neurapraxia is the mildest form of this injury. It causes temporary damage to the protective covering of the nerves in the area and is usually the result of compression or stretching.

With this type of injury, the nerves are not torn. Neurapraxia can cause a burning and stinging sensation, which could lead your child to cry without an apparent cause.

Neuroma

After suffering a brachial plexus birth injury, the healing process could cause further issues. Scar tissue can form around the injured nerve, which puts more pressure on it, leading to pain and preventing it from sending signals to the arm muscles.

Rupture

A rupture is a nerve tear. It’s the result of significant force. This type of injury usually requires surgical intervention.

Avulsion

An avulsion happens when the nerve root is torn from the spinal cord. It’s the most severe form of this injury. It will likely be necessary for your child to receive a number of surgeries to regain function in the affected arm.

Treatment of a Brachial Plexus Birth Injury

After this type of injury, your child could require a significant amount of medical care. Even with the mildest form of this injury, they may require physical therapy and medications to address the pain.

In the most severe cases, surgery will be needed. If your child can’t regain full use of their arm, they will also require occupational therapy sessions to learn how to perform daily tasks with an injury of this type.

Getting fast medical care after learning of the injury is vital not only for your child’s chances of a full recovery but also for any claim you choose to pursue.

Starting a Brachial Plexus Birth Injury Case

Not all injuries your child may suffer are automatically medical malpractice. They are only considered as such if the injury could have been prevented. It’s not simple to prove that a medical provider was negligent in their care, which is why you need assistance from attorneys.

With the right legal counsel, you will know how to gather the necessary evidence. Your attorneys will speak with medical experts to obtain statements that corroborate your claim that the defendant failed in their duty of care.

Your attorney can then begin negotiating with insurance companies. Most of the time, this means going against large hospitals, so you should not handle these claims alone. If it’s impossible to reach a fair settlement that covers everything your family has suffered, your attorney can take the case to court.

FAQ

How Much Time Do I Have to File a Birth Injury Case in Florida?

In Florida, you have two years to file a claim. If you don’t realize that your child sustained an injury until after the incident occurs, the statute of limitations will begin running when you discover or should have reasonably discovered the injury. It’s essential to start the legal process as soon as possible.

What Fees Will I Need to Pay When I Hire a Birth Injury Lawyer in Miami?

You will not need to pay any upfront fees. Birth injury lawyers work on a contingency fee basis. This means that they don’t get paid until you do.

How Long Will My Florida Birth Injury Claim Take?

Each claim is unique, so the length of time it takes to resolve can vary. If it involves numerous parties or if the evidence is not clear, then that can impact how long the case takes.

Begin a Birth Injury Claim With Help From Ratzan Weissman & Boldt

If your child suffered a brachial plexus birth injury as a result of medical negligence, filing a claim can be the best way to obtain the compensation you and your family deserve. At Ratzan Weissman & Boldt, our attorneys can assist you in all manner of birth injury cases.

Has your child been hurt? Contact our team to schedule a free consultation.