Babies can sometimes suffer birth injuries, particularly during challenging deliveries. These injuries may occur when babies are large, in distress, or when medical staff applies excessive force during labor and delivery.
One of the most common and concerning injuries involves the brachial plexus—the network of nerves connecting the spinal cord to the arms, hands, and shoulders. These delicate nerves can stretch, compress, or even tear from the spinal cord during childbirth.
Brachial plexus injuries can range in severity. Mild cases may involve temporary nerve stretching and often heal within weeks or months. More severe injuries, however, can lead to significant complications, such as limited mobility, chronic pain, or even permanent paralysis.
Negligent doctors sometimes cause brachial plexus injuries. You may be entitled to compensation for medical expenses for your injured child. Learn more by contacting a Baltimore brachial plexus lawyer from Furman | Honick Law today.
Brachial Plexus and Medical Negligence
Surgery may be needed to repair or replace damaged nerves in the most serious cases. This type of intervention, while sometimes effective, is often accompanied by an extended recovery period and the need for ongoing therapy.
Beyond birth-related causes, brachial plexus injuries can also occur due to trauma from contact sports, motor vehicle collisions, or the presence of tumors near the nerve network.
Each of these scenarios presents its challenges, and the impact on mobility and quality of life can vary widely depending on the severity of the injury and the timeliness of medical treatment.
When a brachial plexus injury results from medical negligence, the emotional and financial toll on families can be overwhelming. Parents often face mounting medical bills, uncertainty about their child’s future, and the emotional strain of seeing their child in pain or unable to perform everyday tasks.
Families in this situation may have the legal right to pursue compensation for the financial and emotional impact of the injury. Compensation can help cover medical expenses, therapy, assistive devices, and other associated costs, providing relief during an incredibly difficult time.
If you suspect that your child’s brachial plexus injury was caused by negligence, it is essential to seek legal guidance as soon as possible.
The Furman | Honick Law team is dedicated to helping families understand their rights and options. A compassionate and experienced Baltimore brachial plexus lawyer can evaluate your case, gather the necessary evidence, and advocate for the justice your family deserves.
Why Hire Furman | Honick For Your Brachial Plexus Case?
Choosing the right law firm can make all the difference in the outcome of your case.
Here’s why families trust Furman | Honick Law:
- Proven Results. Dustin Furman and Allen E. Honick have a track record of achieving favorable client outcomes. Their dedication to justice has earned them successful verdicts and settlements. View our case results.
- Extensive Trial Experience. With years of courtroom experience, Dustin and Allen approach every case with a trial-focused mindset. From the moment they take your case, they prepare for the possibility of going to court to secure the best outcome.
- Respected Reputation. Trusted by judges, peers, and clients alike, Furman | Honick Law has earned a reputation for professionalism, dedication, and results-driven advocacy.
- Client-Focused Representation. Dustin and Allen believe in direct communication with their clients. When you have questions or concerns, you can count on speaking with your attorney directly, not an assistant or paralegal.
- Highly Reviewed by Clients. Families who have worked with Furman | Honick Law consistently praise the firm’s compassionate approach and legal expertise. Read our client reviews.
- Statewide and Beyond. The firm represents clients across Maryland and Washington, D.C. and collaborates with local counsel in other states when needed, ensuring comprehensive legal support no matter where your case takes you.
- Focused on Justice. The firm’s mission is to fight against insurance companies and corporations prioritizing profits over accountability. Furman | Honick Law stands by your side to ensure you receive fair compensation for your injuries.
When you work with Furman | Honick Law, you can rest assured that your case is in capable and committed hands. Contact us today to learn how we can help you pursue justice and recover the compensation you deserve.
Causes of Brachial Plexus Palsy
Brachial plexus palsy can result from various complications during labor and delivery. Understanding these causes helps highlight the critical role of proper medical care and timely intervention. Common causes include:
Failure to Prevent Shoulder Lodging
During delivery, a baby’s shoulder may become lodged against the mother’s pelvic bone, a condition known as shoulder dystocia. Healthcare providers must recognize and address this complication promptly.
Repositioning the mother or the baby can often alleviate the issue without causing nerve damage. Failure to act appropriately can stretch or tear the brachial plexus nerves.
Excessive Pressure on the Baby’s Head
When shoulder lodging occurs, medical staff may attempt to resolve the issue by applying force to the baby’s head and shoulders.
Excessive pressure can overstretch the delicate brachial plexus nerves, leading to temporary or permanent damage. Proper training and the use of alternative delivery techniques can minimize these risks.
Improper Use of Birthing Tools
Tools like forceps and vacuum extractors are sometimes necessary to assist in difficult deliveries. However, improper or forceful use of these tools can lead to significant nerve damage. Medical staff require training and caution when employing these instruments to ensure they do not harm the baby.
Breech Births
In breech deliveries, where the baby is positioned feet-first, the baby’s neck, shoulders, and head may experience additional strain during delivery.
Doctors should carefully monitor the baby’s position during pregnancy and recommend a Cesarean section when a breech birth poses a risk to the baby. Failure to plan adequately for such deliveries can increase the likelihood of brachial plexus injuries.
Each of these causes underscores the importance of proper training, attention to detail, and timely intervention by medical professionals. When preventable mistakes occur, they can have life-changing consequences for both the child and the family.
Families who suspect that medical negligence contributed to a brachial plexus injury should seek legal advice to explore their options for holding healthcare providers accountable.
Types of Brachial Plexus Injuries
Brachial plexus injuries can vary significantly in severity and impact. An experienced birth injury lawyer who understands all the types of brachial plexus injuries helps clarify the range of outcomes and potential treatments.
The following are examples of the most common types of injuries.
- Neuropraxia. This is the mildest form of brachial plexus injury. It occurs when the nerves are stretched but not torn. While the injury may cause temporary weakness or numbness in the affected area, recovery usually occurs within weeks or months. Physical therapy can aid healing and prevent stiffness or muscle weakness.
- Neuroma. In this type of injury, scar tissue forms around a damaged nerve, exerting pressure and limiting the nerve's ability to transmit signals effectively. This can lead to persistent pain or reduced mobility. Treatment options may include surgery to remove the scar tissue and improve nerve function, followed by rehabilitation to regain strength and range of motion.
- Rupture. A rupture occurs when the nerve is torn but remains attached to the spinal cord. This type of injury is more severe and typically requires surgical intervention. Procedures such as nerve grafting or nerve transfers often repair the damage. Recovery may involve a lengthy rehabilitation process to restore as much function as possible.
- Avulsion. The most severe form of brachial plexus injury, avulsion, occurs when the nerve is completely torn away from the spinal cord. This type of injury often results in permanent damage, as reattaching the nerve to the spinal cord is not possible. In some cases, nerve transfers or muscle transplants can improve function and reduce pain. However, the extensive recovery process may not fully restore normal movement.
Each type of injury requires a tailored approach to treatment and recovery. The severity of the injury, the timeliness of intervention, and access to specialized care all play critical roles in determining outcomes.
Families affected by brachial plexus injuries should seek guidance from medical professionals and explore their legal options if they suspect negligence contributed to the injury.
Signs and Symptoms of Brachial Plexus Injuries
Parents may notice signs of a brachial plexus injury shortly after birth, often during routine handling or feeding.
Common symptoms include:
- Weakness or Limited Movement in One Arm. The affected arm may appear less active than the other, with noticeable difficulty in movement or strength.
- Limp or Paralyzed Arm. The arm may appear completely limp or immobile in severe cases, suggesting significant nerve damage.
- Decreased Grip Strength on the Affected Side. Infants with a brachial plexus injury may have a noticeably weaker grip on one hand, which can be detected during routine interactions.
- Abnormal Positioning of the Arm or Hand: The arm or hand may rest in an unusual position, such as bent inward toward the body or hanging loosely at the baby’s side.
Early recognition of these symptoms is crucial for initiating timely medical intervention. Delays in diagnosis can lead to complications, including joint stiffness or muscle atrophy, which may complicate recovery.
A prompt evaluation by a pediatric specialist, including imaging studies and nerve tests, can help determine the severity of the injury and guide treatment options.
Physical therapy and close monitoring may be sufficient for mild injuries to encourage natural recovery. Severe cases may require surgical intervention to repair damaged nerves or improve function. Early and consistent care can give your child the best chance for recovery.
If your child shows signs of a brachial plexus injury, seek medical advice immediately. Early intervention not only improves outcomes but also provides clarity about the extent of the injury and potential treatment paths.
Legal Deadlines for Filing a Claim
In Maryland, the statute of limitations for medical malpractice claims, including birth injuries, sets specific timeframes.
These deadlines ensure that families can pursue justice and secure compensation for their child’s injuries:
- General Rule. Plaintiffs must file medical malpractice lawsuits within the earlier of:
- Five years from the date the injury occurred, or
- Three years from when the injury was discovered or reasonably should have been discovered.
- Exceptions for Minors. In cases involving birth injuries, the statute of limitations is tolled until the child reaches the age of majority. This means the limitations period does not begin until the child turns 18, allowing them until their 21st birthday to file a lawsuit. This extended timeframe provides families additional time to assess the long-term impact of the injury and seek legal advice.
- Special Circumstances. Certain situations, such as cases involving foreign objects left in the body or injuries affecting the reproductive system, may have unique considerations that could impact the statute of limitations.
Missing these deadlines can result in the loss of the opportunity to pursue compensation, regardless of the severity of the injury or the circumstances surrounding it.
Consult a Baltimore brachial plexus lawyer as soon as possible. An attorney can evaluate your case, identify the applicable deadlines, and take prompt action to file your claim within the required timeframe.
4 Reasons Why Legal Representation Matters
Pursuing a birth injury claim can be an overwhelming process, especially for families already coping with the emotional and financial strain of their child’s injury. An experienced lawyer provides the guidance and support needed to navigate the legal system and secure the compensation your family deserves.
Key ways a lawyer can assist include:
- Gathering Evidence. An attorney will collect and analyze medical records, expert testimonies, and other critical documentation to build a compelling case. This thorough approach considers all relevant factors, including medical negligence and the long-term impact on your child’s life.
- Negotiating with Insurance Companies. Dealing with insurance claim adjusters can be intimidating, especially when they prioritize minimizing payouts. A lawyer will handle all communication and negotiations, representing your family’s interests and reaching a fair settlement.
- Advocating for Maximum Compensation. Compensation in birth injury cases often extends beyond immediate medical expenses. A skilled attorney will evaluate damages, including future care costs, physical therapy, assistive devices, and emotional distress. They can pursue the maximum compensation by presenting a comprehensive view of your family’s needs.
- Providing Emotional Support. Beyond the legal aspects, a compassionate lawyer understands the emotional toll a birth injury takes on families. They offer a steady presence, guiding you through each step and providing clarity during a challenging time.
By partnering with a Baltimore brachial plexus lawyer from Furman | Honick Law, you can focus on what matters most: your family’s well-being. Our team is dedicated to handling the legal complexities of your case, allowing you to concentrate on supporting your child’s recovery and future.
Reach out to us today to learn more about how we can help.
Compensation for Brachial Plexus Injuries
A brachial plexus injury can place significant financial and emotional strain on families. Pursuing compensation ensures that families have the resources to provide their children with the best possible care.
Common types of compensation include:
- Economic Damages. These damages address the direct financial costs associated with the injury. This includes:
- Medical expenses include surgeries, hospital stays, and specialist consultations.
- Costs of physical therapy, occupational therapy, and other rehabilitative services.
- Expenses for assistive devices, such as braces or mobility aids, improve daily functioning.
- Non-Economic Damages. These damages compensate for the intangible impact of the injury, including:
- Pain and suffering endured by the child and family.
- Emotional distress is caused by the challenges of coping with a long-term or permanent disability.
- Loss of enjoyment of life, particularly if the injury limits the child’s ability to participate in regular childhood activities.
- Future Damages. Brachial plexus injuries often require long-term care, making future damages a crucial part of compensation. These may include:
- Costs for ongoing medical treatments and additional surgeries as the child grows.
- Anticipated expenses for future therapy or specialized educational services.
- Lost income for parents needing to leave the workforce to provide full-time care.
- Projections of the child’s potential lost earning capacity if the injury impacts their ability to work as an adult.
Securing fair compensation requires a detailed understanding of the injury’s short- and long-term effects.
A Baltimore brachial plexus attorney will work closely with medical and economic experts to calculate the full extent of your family’s losses, ensuring that the compensation sought reflects the true impact of the injury.
By pursuing a comprehensive claim, families can focus on their child’s recovery and future with greater peace of mind.
Contact Furman | Honick Law Today
If your baby has suffered a brachial plexus injury due to medical negligence, your family may be facing significant challenges, including medical expenses, emotional stress, and uncertainty about the future. At Furman | Honick Law, we are dedicated to helping families pursue justice and secure the resources they need to support their child’s recovery.
Our compassionate and experienced Baltimore personal injury lawyers are here to guide you through every step of the legal process. We take the time to understand your unique circumstances, investigate the facts of your case, and build a strong claim on your behalf.
Don’t let the burden of medical negligence fall solely on your family. Talk with an attorney at Furman | Honick Law today by calling (410) 844-6000 or completing our online form. Let us advocate for your family and fight for the compensation you deserve.