Seeking Compensation for Brachial Plexus Injuries

Scartelli Olszewski P.C.

In the months leading up to your baby’s birth, you were told they would likely be born healthy and strong, with no health complications on the horizon. But after childbirth, you received devastating news that your baby experienced a serious injury to the brachial plexus, limiting their future mobility.

Brachial plexus injuries are often due to an error during childbirth. You have the right to hold a negligent medical professional financially liable for this type of injury and seek compensation.

What Are Child Birth Brachial Plexus Injuries?

The brachial plexus is a network of nerves that sends signals between the spine, shoulder, arm, and hand. These nerves can become injured during childbirth from the following causes:

The doctor or nurse mid wife uses an improper technique to deliver the baby causing stress and rupture of the nerves in the brachial plexus
A doctor or nurse mid wife uses tools to deliver the baby, and stretches the neck and shoulder during delivery

This type of injury can manifest as a wide range of conditions involving the shoulders and arms, such as:

Erb’s palsy: A childbirth brachial plexus injury that affects the movement of the shoulder and arm, sometimes leading to arm paralysis
Shoulder dystocia: A birth injury in which the infant’s shoulder becomes stuck on the maternal public bone, delaying birth and potentially leading to brachial plexus palsy.
Avulsion: A severe injury in which the nerve root completely separates from the spinal cord

This form of nerve damage can range from mild to severe. In many cases, infants heal from brachial plexus injuries on their own. In severe cases, infants never recover.

Can You Seek Compensation for Brachial Plexus Injuries?

Delivery complications are relatively common. The birthing process is complex, and countless things can go wrong. Yet, in many cases, birth injuries are preventable and medical providers are financially liable for preventable delivery injuries that happen under their care.

You may be able to seek compensation for childbirth brachial plexus injuries if medical negligence can be proven. You and your attorney will need to collect evidence to show that the medical provider breached their duty of care, causing the injury.

Medical providers fail to uphold their duty of care when they act outside of what another reasonable medical professional would have done in a similar situation. For example, maybe your delivery doctor used tools during your baby’s birth that another doctor would not have deemed necessary, putting your baby at risk of injury. Or perhaps a reasonable doctor would have opted for a C-section, rather than risk a birth injury.

It’s worth your time to consult an attorney and discuss the possibility of seeking compensation. Medical negligence attorneys want to hear your story and would be happy to lend an empathetic ear, even if they determine you may not have a case.

What Types of Compensation Can You Seek?

If an attorney agrees you have a case for medical malpractice, they can help you seek damages to help make up for this devastating injury. Economic expenses may include:

Medical bills
Time off work
Medical equipment
Future medical expenses

Meanwhile, you also have the right to seek non-economic expenses, such as:

Pain and suffering
Emotional distress
Scarring and disfigurement
Loss of enjoyment of life
Mental anguish

Scartelli Olszewski, P.C.: Small Enough To Care, Large Enough To Win

Seeking compensation for childbirth brachial plexus injuries can feel intimidating, but you have the right to pursue justice and hold the medical provider accountable. Our attorneys at Scartelli Olszewski, P.C., want to hear your story and help you however we can.

Call us today at 570-346-2600 for a risk-free consultation. We’ll help you understand whether you have a case and guide you through your next steps.