Looking for legal representation for a brachial plexus injury case? Wagner Reese, LLP is a highly reputable law firm practicing birth injury cases, including brachial plexus injuries. With years of experience and a proven track record of success, a dedicated birth injury attorney from our firm is here to help you seek the justice and compensation you deserve. Continue reading to understand how.
Brachial Plexus Injuries Explained
The brachial plexus is a complex network of nerves acting as a highway for messages traveling from your spinal cord to your shoulder, arm, and hand. A brachial plexus injury disrupts this vital pathway when these nerves are stretched, compressed, or even ripped away from the spinal cord. This trauma often occurs during childbirth.
Several factors can cause brachial plexus injuries:
Difficult Delivery: Excessive pulling or pressure applied to the baby’s head or neck during delivery can stretch or tear the brachial plexus nerves.
Breech Presentation: Babies born breech (feet first) are at a higher risk of sustaining these injuries due to their positioning in the birth canal.
Large Baby Size: Delivering a larger-than-average baby can also increase the risk of brachial plexus injury.
The severity of the injury depends on which nerves are affected. This can cause a range of symptoms, including:
- Weakness or paralysis in your arm, hand, or fingers, making it difficult to grasp objects or raise your arm.
- Loss of feeling or tingling sensations throughout the arm and hand, creating numbness or a pins-and-needles feeling.
- Muscle wasting, causing the affected arm to appear smaller or less developed compared to the other.
Long-term effects can vary but may include permanent weakness, limited movement in the arm and hand, and chronic pain. Early diagnosis and treatment are essential to improve a child’s long-term outcomes following a brachial plexus injury.
Legal Considerations in Brachial Plexus Injury Cases
When pursuing a legal claim for brachial plexus injury, several critical legal considerations must be addressed to secure justice for your child.
Proving Medical Negligence
Winning your case hinges on proving medical negligence. This means demonstrating:
Duty of Care: The doctor or hospital owed a duty to provide competent care during pregnancy, delivery, and the newborn period.
Breach of Duty: The medical professional breached this duty by making mistakes during childbirth, like using excessive force or failing to properly monitor a difficult delivery.
Causation: The doctor’s breach directly caused your child’s injury. Medical evidence is vital to establish this clear link.
Damages: Your child suffers damages like medical expenses, lost future earnings, and pain and suffering.
Potential Compensation
A successful lawsuit can recover compensation for various damages:
- Medical Expenses: Covers all past and future medical costs associated with the injury, including surgeries, therapies, medication, and rehabilitation.
- Lost Wages: If your child’s future ability to work is limited, you can recover compensation for lost earning potential.
- Pain and Suffering: Your child’s physical and emotional pain due to the injury is compensable.
- Long-Term Care: If your child requires ongoing medical care or special needs equipment, the compensation will cover those costs.
The specific amount of compensation varies depending on the injury’s severity and long-term impact on your child’s life.
Statute of Limitations
It’s important to be aware of the statute of limitations, which dictates the timeframe within which a lawsuit must be filed. In many states, including Kentucky, this period typically begins from the date of the injury or when it was discovered, and failure to file within this timeframe can bar you from seeking legal recourse. Contact a brachial plexus injury lawyer to ensure you meet all deadlines.
Advantages of Working With a Birth Injury Lawyer From Wagner Reese
A brachial plexus injury to your child can be isolating and frightening. Choosing Wagner Reese, LLP to handle your brachial plexus injury case offers distinct advantages rooted in our firm’s expertise and commitment to achieving justice for birth injury victims.
Our firm boasts a wealth of experience in navigating the complexities of medical malpractice cases. We understand the profound impact brachial plexus injuries can have on families and are dedicated to securing comprehensive compensation for medical expenses, ongoing care needs, and the emotional toll on your child and family.
At Wagner Reese, LLP, we prioritize building a strong legal strategy tailored to the unique aspects of your case. This involves careful investigation, strategic planning, and leveraging our deep understanding of the medical and legal aspects of brachial plexus injuries. Central to our approach is our collaboration with esteemed medical experts specializing in brachial plexus injuries. Their insights and testimony enhance the strength of your case, providing authoritative support in negotiations or courtroom proceedings.
Whether through adept negotiation skills or vigorous trial representation, we are steadfast in advocating for your rights and pursuing maximum compensation. Our attorneys are renowned for their ability to navigate legal intricacies while maintaining a compassionate and supportive approach to our clients. For personalized legal guidance and aggressive advocacy in brachial plexus injury cases, contact a brachial plexus lawyer from Wagner Reese, LLP today!
