No one ever expects their child to suffer a birth-related injury. But the fact is that mothers and babies are at extremely high risk for various injuries during birth.
If doctors or nurses fail to make a timely diagnosis or choose the correct treatments, these risks are greatly increased. One risk that babies face during birth is the risk of brachial plexus injuries.
This severe type of birth injury can sometimes result in paralysis. In addition, the risk of this injury can be increased when a medical professional does not act quickly enough or fails to perform the appropriate treatments.
If your baby suffered a brachial plexus injury, and you believe it was caused by negligence or inappropriate treatment performed by a medical professional, you may have the right to compensation.
The legal team at Wapner Newman can help you navigate this situation.
Understanding Brachial Plexus Injury
During birth, several factors might prevent your baby from passing smoothly through the birth canal. One such scenario is if the baby experiences shoulder dystocia. This happens when the baby’s shoulders become stuck in the birth canal.
This can make for a very difficult delivery. Babies can also sometimes go into distress during this part of the birth process. If the physician, nurse, or midwife assisting with the birth does not make careful decisions during this time, the baby can be seriously injured.
Injury can result if the baby’s head is twisted or their neck is bent, damaging the brachial plexus. The brachial plexus is a bundle of nerves that runs from the spinal cord to the neck.
This delicate bundle of nerves can be damaged or completely severed if too much force is used to unstick the baby from the birth canal. If the brachial plexus is damaged, it can result in partial or total paralysis for the baby.
Even if your child is only mildly injured, it can result in the need for rehabilitative treatment. This can have a life-long devastating effect on your child and upon you as a parent.
If you believe your child was injured in this way, a Philadelphia brachial plexus lawyer can help.
Why Choose Us
Plenty of malpractice lawyers are available in the Philadelphia area, but Wapner Newman will bring special care and attention to your case. Our clients are our proof that we get results.
We have decades of experience and a track record to support our claims. When you work with us, you will have an entire team of award-winning attorneys committed to getting you justice.
Legal cases, especially malpractice cases, require great precision and knowledge. The legal system can be both complex and intimidating. This is why you should try to work with professionals instead of trying to handle a malpractice case on your own.
Unless you are a legal professional, it’s easy to get overwhelmed. You might even be tempted to give up on finding justice for your case. However, you don’t need to fight this alone because the team at Wapner Newman can help.
“Your fight is our fight” — that’s our motto. This means that we are committed to finding justice for your case because we know how important it is for doctors and hospitals to be held accountable for severe medical mistakes.
A brachial plexus injury can have a devastating impact on a child’s life. As that child’s parent, it can have a disastrous effect on your life as well.
For example, what will your child’s future look like? What will be necessary for you to support them in the future? What about the medical bills that are piling up due to the injury? These are valid and scary questions.
Insurance companies can use your fear and insecurity to intimidate you into taking a settlement that is not fair and does not hold medical professionals accountable.
Parents dealing with a birth injury did not choose this path, but you can choose to reach out to us as your advocate to get help every step of the way. In addition, we can assist you with holding medical professionals accountable.
Malpractice cases are not just about the money. They are about accountability. When medical professionals are appropriately held accountable for their actions or negligence, it can help to protect others in the future.
When you team up with Wapner and Newman, you are teaming up with legal professionals who have a proven track record. We have already won many birth-related injury malpractice cases in the past.
We will work your case with the care, precision, and empathy you need for fair results.
How We Can Help
Although you might be tempted to try to pursue a medical malpractice case all on your own, the truth is that you need a team of professionals for the best results.
A lawsuit can be an exhausting and time-consuming effort. We can handle the hard stuff so that you can focus on putting your life back together following your child’s injury.
Although a medical malpractice settlement will never make life normal for you again, it can help you find justice and compensation for yourself and your child.
Preventing Brachial Plexus Injuries
Brachial plexus injuries can be prevented. The doctors or midwives assisting in your birth are responsible for being on the lookout for potential birth complications. If these signs of complications are ignored or not treated appropriately, it can result in injuries to you and your child.
While not all complications can be detected early, every effort must be made to monitor the following signs that could put your child at risk of a brachial plexus injury:
- Maternal weight gain
- Fetal weight
- Prolonged labor.
If any of these risk factors are present, your doctor and medical staff must pay close attention before and during your labor. Careful observation can help your delivery team make the best choices for safe delivery.
If your medical team fails to detect the risks properly or act appropriately during your delivery, they can be liable for any injuries.
A brachial plexus injury lawyer can help determine if you have grounds for a malpractice suit following the injury.
Consequences of Brachial Plexus Injury
This malpractice suit is taken very seriously because a brachial plexus injury can have lifelong and devastating consequences for your child and you as the parent.
Although some children can recover from specific brachial plexus injuries, such as Erb’s palsy, others cannot. If your child suffered a brachial plexus injury during birth, they would need close monitoring in the months following.
A pediatrician can help determine the extent of the damage by the time the baby is six months. For example, if a child cannot bend their arm at six months, this is usually sufficient evidence to determine the severity of the damage.
Some children who show signs of improvement will still need surgical intervention. In extreme cases, a child may be paralyzed for life and experience developmental delays.
Brachial Plexus Malpractice Cases
The legal team at Wapner Newman can help you better understand your child’s brachial plexus injury claim. We have helped families in Pennsylvania and New Jersey who have been affected by this type of birth injury.
If it can be proven that medical staff failed to diagnose, assess, or properly treat your child during the delivery process, resulting in a brachial plexus injury, you can pursue compensation.
A free consultation with brachial plexus lawyers will help you determine whether you have a case. Our law firm has offices located in Philadelphia, West Conshohocken, Allentown, and Marlton.
FAQs About Brachial Plexus Injury
To help you better understand brachial plexus injury claims, we have provided FAQs below.
Can I get a settlement for a brachial plexus injury?
Yes, if there is enough evidence to prove that a medical staff contributed to your child’s injury, you could get compensated. There are several factors to consider while proving such a claim.
The severity of the injuries will be one factor. Another factor that is heavily considered is how much of a part the medical team plays in the injury.
Because brachial plexus injuries do sometimes happen spontaneously, with no one being at fault, it is crucial that adequate evidence be present to pursue a lawsuit.
Can I sue my doctor for malpractice?
You have the right to sue your doctor for malpractice if you feel the doctor’s decisions negatively affected your health.
A doctor can be held liable if they fail to diagnose an issue promptly or if they fail to treat an issue properly once they are aware of it.
A doctor can also be held liable if it is determined that they showed negligence in some way concerning your health care or treatment.
Should I sue if my child received a brachial plexus injury?
If your child suffered a brachial plexus injury that was severe, and there is reason to believe that your doctor or medical team is in some way to blame, you should contact a Philadelphia brachial plexus attorney.
What evidence do I need?
You must have very accurate medical records on hand for your case. It may prove necessary to also obtain records from the doctor or hospital where you gave birth.
What if an insurance company offers me a settlement?
If you are offered a settlement from an insurance company, you should talk with a malpractice lawyer first. Doctors and hospitals carry comprehensive insurance to protect them from malpractice cases.
These insurance companies have one goal: to settle the case as quickly and cheaply as possible. The problem is that they do not put a priority on you being treated fairly.
To get a fair and just settlement, you need an attorney on your side who will help you build a case.
How much of a settlement can I get?
Settlement amounts are dependent on several factors. Therefore, it is not a good idea to try and estimate a settlement amount beforehand. However, when you start working with a malpractice attorney, they can give you more information as your case progresses.
If you believe your child’s brachial plexus injury resulted from medical malpractice or negligence, a brachial plexus injury attorney at Wapner Newman can help.
Contact a Brachial Plexus Lawyer in Philadelphia Today
Wapner and Newman have the people, tools, resources, technology, and legal system to know how to navigate these unfamiliar waters for you.
Please call us today at 215-569-0900 for a free consultation. We will be happy to speak with you concerning a potential case.