A brachial plexus injury damages the nerves that run from the spinal cord down through the shoulder, arm, and hand. These injuries can occur in many scenarios, from car accidents to childbirth to contact sports. If you believe someone else is liable for your injuries, a New York brachial plexus injury lawyer at Buttafuoco & Associates could help. If you are unsure whether you have a case, our attorneys offer free consultations at 1-800-NOW-HURT.
What Causes Brachial Plexus Injuries?
Brachial plexus injuries occur when the nerves of the brachial plexus are stretched, squeezed, or torn from the spinal cord. The most serious of these injuries occur during car or motorcycle accidents, while minor injuries to the brachial plexus often occur during contact sports like football.
Brachial plexus injuries can also happen to babies during childbirth, and can result in life-altering consequences like a loss of sensation, reduced mobility, and even permanent disability. Sometimes the injury occurs when a doctor applies excessive force during a difficult delivery; other times, the doctor’s negligence is the culprit, and knowing who, if anyone, is responsible can be challenging. Because of this, many women don’t consider a lawsuit an option, even when they may be entitled to compensation.
If you are unsure whether or not your brachial plexus injury is due to another party’s negligence, Buttafuoco & Associates would be happy to consult with you during a consultation with no cost to you.
Brachial Plexus Injury Symptoms
Depending on the severity of the injury and where it is located, symptoms of a brachial plexus can vary.
Contact sports such as football or wrestling can cause mild damage to the brachial plexus, resulting in feelings of electric shock, burning sensations, or numbness or weakness in the arm. Symptoms usually only last for seconds to minutes, but for some they may last for days.
More serious injuries, where the nerve root is torn from the spinal cord, result in more severe symptoms, including:
- Weakness
- Being unable to use some muscles in the hand, arm, or shoulder area.
- Loss of feeling in the arm, shoulder, or hand
- Severe pain
In the case of brachial plexus injuries during childbirth, the growth of the affected arm may be stunted, which can make physical activities difficult. And if the brachial plexus nerves suffer severe damage, it could result in permanent weakness or paralysis throughout the child’s life.
Whether this type of injury arose from another’s negligent behavior in a car accident, motorcycle accident, or during the delivery of your child, working with a brachial plexus injury attorney serving New York could help you recover compensation for medical bills and other expenses.
Types of Brachial Plexus Injuries in Infants
Erb’s palsy is the most common type of brachial plexus injury during childbirth, and typically happens during difficult births. This condition can result in limited mobility in the shoulder, leaving the child unable to raise their arm on the affected side. In mild cases, daily physical therapy can resolve symptoms. However, some cases persist for over six months, in which case surgery is typically necessary. Even after surgery, the injured arm may grow more slowly than the other arm, and your child may continue to suffer from weakness or disfiguration.
Klumpke’s palsy is a rare brachial plexus injury that can cause weakness in the affected hand and prevent the infant from grasping objects. Recovery requires physical therapy or surgery.
While medical intervention can often help babies suffering from either type of brachial plexus injury, it is not always fully effective, resulting in ongoing pain, suffering, and the need for treatment. In this case, it is important to know whether your doctor acted negligently so you can be compensated for medical bills and other expenses related to the injury.
Identifying Negligence and Seeking Compensation
Although doctors cannot prevent some brachial plexus injuries, medical errors are not an uncommon cause. There are a number of steps doctors should take before, during, and after delivery to protect your baby’s health, and if they fail to provide an acceptable standard of care, they may be considered negligent.
For example, before delivery, the doctor should assess the size and positioning of the fetus to determine if a cesarean delivery is necessary. During the delivery, they should avoid applying unnecessary force to deliver the child. And afterwards, they should examine the infant for signs of injury, taking immediate action if necessary. Any delay in diagnosis or treatment can result in unnecessarily extended recovery time or even permanent damage. If a doctor fails to provide the standard of care in any way, they may be liable for the injuries. Likewise, if they misdiagnose your child’s condition and it results in harm, this is a form of negligence.
And unfortunately, medical misdiagnosis is not uncommon.
To file a medical malpractice lawsuit against the doctor, you must have evidence that your doctor was negligent, and that their negligent action led to your child’s injury. This evidence often comes from expert medical witnesses who can testify about whether the doctor acted within the standard of care. Contacting an attorney to learn more about your rights is often a good first step in determining liability.
Can I File a Lawsuit?
If you have suffered a car or motorcycle accident due to someone else’s negligence, and it has left you with severe injuries, it is worth consulting with an attorney to see if you have a case. If your injuries are serious, it is possible that you could recover compensation beyond what an insurance policy covers.
Medical malpractice lawsuits can be challenging to win, as doctors and medical institutions often have access to large and talented legal teams. Working with an experienced New York brachial plexus injury attorney is often necessary.
Buttafuoco & Associates knows that brachial plexus injuries can significantly alter lives. We are committed to helping our clients pursue the full compensation they deserve if they are injured because of another party’s carelessness. This could include recovering damages for current and future medical costs, physical therapy, and more.
To talk to us about your case during a free review, call 1-800-NOW-HURT.
