Maryland Brachial Plexus Injury Lawyer
Advocating for Injured Families in Maryland and DC
When the nerves in the shoulder (the brachial plexus) are damaged, the
resulting injury could last weeks, months, or a lifetime. If the nerves
were torn, surgery may be required. In some severe cases, brachial plexus
palsy, or Erb’s palsy, may develop.
Has your child suffered a brachial plexus injury during labor and delivery?
Do you have reason to believe a negligent health care professional was
to blame? Have you been left to pay the consequences?
Our brachial plexus injury lawyers are here to help.
At Alpert Schreyer, LLC, we take on negligent health care professionals
and hospitals for causing serious injury to mothers and their children.
We have remained committed to fighting for the victims of negligence,
amplifying their voices for over 30 years. What’s more, we work
on contingency fees—that means you won’t pay a dime unless
we win your case!
Contact us online
to get your free, confidential consultation with a Maryland brachial plexus
injury lawyer. We also represent clients in Washington, DC.
Symptoms and Causes of Brachial Plexus Injury
If your baby was born with the following symptoms, it is likely that he or she suffered a brachial plexus injury:
- Numbness in the arm
- Weak grip
- A bent or limp arm
- Lack of movement of the arm
The most common cause of brachial plexus injury is shoulder dystocia, a
condition in which the baby’s shoulder gets stuck behind the mother’s
pelvic bone.
If a health care provider does not identify or properly handle shoulder
dystocia, the brachial plexus can easily be stretched, torn, or ruptured,
as they attempt to pull your baby through the birth canal. Failing to
monitor fetal distress or a prolonged labor (two outcomes of shoulder
dystocia) can easily result in brachial plexus injury, especially when
an emergency cesarean section (C-section) is delayed.
Using forceps and/or vacuum extraction for too long can also lead to brachial
plexus injury, whether or not shoulder dystocia has occurred. These medical
tools should only be used sparingly—and never one after another.
Using one method for too long or both during the same birth can lead to
the baby (and their shoulder) being pulled too forcefully through the
birth canal.
A breech birth, high birth weight, twins and triplets, and high gestational
weight are common risk factors for this type of injury.
When Can You Sue for a Brachial Plexus Injury?
Anyone who has suffered injury because of negligence on the part of a medical
professional has the right to pursue compensation through a
medical malpractice claim. When these claims involve injury during labor and delivery, they
are also considered
birth injury claims.
To prove a claim involving brachial plexus injury, those injured will need
to show that:
-
The health care provider owed a duty of care, meaning that a professional relationship existed between you and the negligent
OB-GYN, nurse, midwife, doula, hospital, or other health care provider.
-
The health care provider violated their professional duty of care, meaning that they acted against industry standards. As mentioned, this
may mean they failed to address shoulder dystocia or order an emergency
C-section. The violation can be either intentional or unintentional negligence.
-
The violation caused the brachial plexus injury and damages, meaning that the injury was preventable and a direct result of the health
care provider’s negligence. As for damages, this means that either
the parent or the child (or both) suffered certain losses due to the injury.
A successful claim will result in compensation for the full amount of damages
suffered.
Common examples include:
- Hospital bills
- Neonatal intensive care unit (NICU) expenses
- Rehabilitation and therapy costs
- Loss of wages
- Loss of earning potential
- Cost of assistive devices
- Pain and suffering
Knowing whether a child’s brachial plexus injury was the result of
medical negligence can be difficult to determine—and even harder
to prove—on your own. Our brachial plexus injury attorneys are experienced
with these types of cases and trained to investigate the facts of your
case. We can help you find out whether negligence played a role and, if
it did, help you file a claim for compensation.
