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My Infant Suffered a Brachial Plexus Birth Injury. Can I Sue?

 Posted on January 27, 2022 in Uncategorized

shutterstock_556631113-1.jpg Birth injuries can often be life-changing for both the affected child and his or her entire family. In some cases, birth injuries are caused by negligent doctors, nurses or hospital staff involved with the birthing process or infant care. Labor and delivery negligence can lead to injuries such as brachial plexus birth palsy. When looking to file for malpractice and receive compensation for a birth injury, it is important to find an attorney that is skilled in personal injury representation. 

What Is a Brachial Plexus Injury?

The brachial plexus is a nerve system located within the shoulder that extends down through the spine and into the arms and hands. When trauma occurs to the shoulder area, this nerve can become damaged leading to significant and lasting effects within the body. 

Brachial plexus nerve damage during birth (Obstetric Brachial Plexus Injury) often occurs in larger babies. The top of the head gets pulled away from the neck leading to strain on the shoulder and neck nerves. Breech babies, women in extended labor and babies stuck under the pelvis bone for long periods of time are all at risk for a brachial plexus injury. This injury can lead to lasting medical conditions including:

  • Erb’s palsy

  • Klumpke paralysis 

  • Horner’s Syndrome

  • Shoulder, arm and hand paralysis 

Proving Medical Malpractice 

If your baby suffered from a brachial plexus injury during birth, you may be entitled to financial compensation. During birth, a doctor, nurse or care provider may have been negligent in ensuring that the injury did not occur. A medical malpractice attorney can investigate the situation and help you gather evidence for a medical malpractice claim. These documents may include doctor’s notes, medical diagnoses, and hospital records. 

It is important to speak with an attorney right away if you suspect medical negligence led to a brachial plexus birth injury. The Statute of Limitations for Illinois typically allows for two years to file for a personal injury claim. However, birth injuries can be harder to detect or may develop over time. Illinois allows eight years to file and claim damages from a birthing injury. 

Those successful in suing for medical malpractice during a birth injury typically receive financial compensation. However, the amount of money awarded depends on the severity of the damages caused by a brachial plexus injury. Compensation is awarded based on factors such as:

  • Amount of physical and emotional suffering caused by the injury 

  • The level of permanent nerve damage 

  • The child’s ability to lead the life they would have if the injury had not occurred

  • Increased risk of future medical issues stemming from the injury 

  • Amount of medical expenses used to fix or treat the nerve damage 

Find an Arlington Heights Medical Malpractice Attorney 

At Newland & Newland, LLP, our team of experienced Arlington Heights attorneys can assist you in the process of filing for a personal injury or medical malpractice suit. We take birthing injuries very seriously and will help you navigate the process of preparing to receive compensation for the damages. For a free consultation, call us at 847-797-8000





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