Can I Sue for a Brachial Plexus Nerve Injury?

Portland Birth Injury Lawyer Explain Your Rights: Can I Sue for a Brachial Plexus Nerve Injury in Oregon?

While most people are aware that there is the potential for something to go wrong during the birth of their baby, few actually anticipate that their child will be injured. Our Portland birth injury lawyer knows that brachial plexus injuries are perhaps one of the most common types of birth injuries that infants suffer during their delivery. Although common, these injuries may be severe and lead to lifelong pain and impairment. There are some instances in which even the best physician is unable to prevent a brachial plexus injury, far too often these injuries occur due to mishandling the infant or pursuing a vaginal delivery when a c-section is indicated based on size of the baby or maternal risk factors. One of the most common questions after a birth injury that a family asks is can I sue for a brachial plexus nerve injury in Oregon?

Here at Kuhlman Law, our compassionate legal team can review your claim and determine whether you may have a claim for compensation under Oregon law. These types of medical malpractice cases are tricky and can depend on a variety of factors. They must be handled on a case-by-case basis and not handled with a cookie-cutter like approach. If your child suffered a brachial plexus injury at birth, you should reach out to our experienced Portland birth injury lawyer who can review your case to determine if the injury could have been avoided. We’ll review your case and answer your questions, explaining what rights to compensation you may have under Oregon law.

What is a Brachial Plexus Injury

The brachial plexus is a network of nerves that start in the spine and continue through the next and the arm, all the way to the fingertips. These nerves control sensation, movement, and function in the hand and arm. Some brachial plexus injuries are mild and with time, reversible. Other injuries however leave infants with permanent disability. There are many different types of brachial plexus injuries and each may have different limitations and disability.

Some of the most common brachial plexus injuries include the following:

• Avulsion – avulsion occurs when the nerve is completely torn from the spinal cord. This is the most severe type of brachial plexus injury which can result in lifelong disability.
• Neuroma – This type of injury causes scar tissue to grow around the site of the injury, causing impairment due to pressure of the scar tissue on the nerve.
• Erb’s palsy – This is a condition that is related to a brachial plexus injury. This condition causes impairment of the arm but the hand often is unaffected. The biceps and deltoid muscles are often quite weak. This is the most common type of brachial plexus injury
• Horner syndrome – This syndrome is caused by nerve damage which affects the eye, leading to drooping of the eye and construction of the pupil.
• Rupture – This injury involves tearing of the nerve, but not at the site of the spinal cord.
• Neuropraxia – There is damage and stretching of the nerve, but not tearing

Symptoms of Brachial Plexus Injuries

Some parents and healthcare providers may be able to identify a child has suffered from a brachial plexus injury at birth, while for others it may take some time to notice that their child is suffering from this type of injury. Some of the most common symptoms of brachial plexus injuries include the following:

• Impaired or limited movement of the arm, shoulder, and hand
• Arm appears limp or weak
• Impaired sensation in the shoulder, hand, and arm
• Drooping eyelid (Horner’s Syndrome)
• Weak muscles in the arm
• Broken bones in the arm or shoulder or the collar bone
• Other guarding behavior of a baby or young child

Treatment for Brachial Plexus Injuries

For some mild cases of brachial plexus injuries, the injury may resolve on its own. However, for more severe injuries, surgery may be required. Physical and occupational therapy is often indicated. With these therapies, a complete recover may be made, but many children may suffer long-term or permanent deficits. As with all nerve injuries, the sooner that it is repaired after the injury, the better the prognosis will be.

Causes of Brachial Plexus Injuries Due to Negligence

Brachial plexus injuries unfortunately occur all too often as a result of medical malpractice. Some of the most common ways in which brachial plexus injuries occur due to medical malpractice include the following:

* Excessive force used during delivery of the baby

• Pulling on the baby’s head, neck, or shoulder during delivery
• Opting for a vaginal birth when the baby is known to be large for gestational age and at risk for shoulder dystocia or other birth injuries
• Shoulder dystocia
• Use of forceps or vacuum extractor improperly leading to a brachial plexus injury
• Pursuing a vaginal delivery when the baby is breech
• Other causes of brachial plexus injuries

Elements Needed to Successfully Prove Your Child Suffered their Injury Due to Medical Malpractice

The diagnosis of a brachial plexus injury alone does not mean that your child’s injury was due to medical malpractice. However, often times these injuries are due to medical malpractice, which is why it is important to consult with a medical malpractice lawyer who can review your case to determine if medical malpractice played a part. In order to file for damages, negligence must be proven. The following must be proven to pursue a medical malpractice case:

• The provider provided care for your child and had a duty to provide care
• There was a breach in that duty of care and the care provided was below the standard of care
• The breach in care resulting in injuries to your child
• The injuries caused damages

If one of these elements cannot be proven, you cannot pursue damages for medical malpractice. That is why it is critical to ask an experienced Portland birth injury lawyer to answer the question can I sue for a brachial plexus nerve injury in Oregon.

When Should I Contact a Medical Malpractice Lawyer?

If your child has been diagnosed with a brachial plexus injury or you suspect your child has a brachial plexus injury, you should reach out to our lawyers. Our experienced brachial plexus injury lawyers have successfully handled many cases in which baby’s suffered brachial plexus injuries due to medical malpractice. Our experienced lawyers will consult with expert witnesses who can help build your case and identify what damages you may be eligible for based on the needs of your child. Our lawyers will work with you to recover the maximum amount of compensation possible for your child’s injuries. Common damages awarded to children with brachial plexus injuries include the following:

• Physical pain and suffering
• Occupational therapy
• Physical therapy
• Medical bills
• Assistive devices
• Other damages for brachial plexus injury victims

Still Unsure of the Answer to Can I Sue for a Brachial Plexus Nerve Injury in Oregon? Ask Our Portland Birth Injury Lawyer for Help

 

If you or a loved one have been seriously injured or wrongfully killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

 

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.