In the United States, 1-3 brachial plexus injuries occur for every 1,000 infants born. That’s why they are rare. When a loved one is harmed due to medical malpractice, you must know what legal options are available.
A doctor’s negligence may result in brachial plexus damage in the baby, and the child’s family deserves compensation for the injury. A brachial plexus injury settlement helps parents recover damages for their child s injury by medical negligence.
To get a fair settlement in a brachial plexus claim, you need to have a firm grasp of information on the condition in question. Read on to learn about your options for obtaining a Brachial Plexus lawsuit settlement.
What Is Brachial Plexus?
The brachial plexus is a collection of nerves in the upper back and neck that extend from the spinal cord to the shoulder and arm. Brachial plexus injuries occur when the nerves that supply the arm and shoulder are stretched, squeezed, or in the worst cases, torn from the spinal cord. Traumatic injury to the brachial plexus after delivery is common and can lead to permanent nerve damage.
Etiology of Brachial Plexus Injury
Doctors may induce labor prematurely if they observe that the baby’s shoulder is wrongly positioned in the mother’s pelvic bone. This is done to prevent the umbilical cord from injury during delivery. Damage to the neck and shoulder nerves, usually due to excessive force or poor technique, can lead to brachial plexus injury.
What Is Brachial Plexus Injury Settlement?
You may have a strong case for a brachial plexus injury settlement if you believe your child’s injury is due to medical negligence.
You have the right to file a lawsuit against the doctor, midwife, or hospital if you believe they are responsible for your child’s injuries.
Talking to a lawyer who focuses on birth injury cases can help you gather the evidence you need to prove that your medical provider’s carelessness resulted in your child’s disability.
If you succeed in court and have enough proof, you may be able to secure a settlement for your child. The value of the settlement will depend on the severity of the injury and the evidence presented in court.
The Factors to Consider Before Accepting a Settlement Value
Taking the case to court may be your best bet, but you should consider the settlement offer. At first glance, a settlement figure may seem like a bargain, but weighing the following factors before agreeing to a settlement is essential. They include:
- The costs of ongoing medical treatment and procedures
- Physical rehabilitation cost
- possible in-home care expenses
- Lost wages
A settlement offer that covers all the costs listed above can be a good bargain if the victim and their attorney accept it.
What Expenses May Be Covered by a Brachial Plexus Injury Settlement
Compensation for a brachial plexus injury can cover a lot of things such as :
- Surgical repair cost for the damaged arm
- Rehabilitation expenses
- Braces, slings, and other assisted mobility devices
- Cost of interrupted education due to the injury
- Expenses incurred due to mental and emotional anguish
- Expenses incurred due to loss of a job or staying home with the inured kid
Average Brachial Plexus Injury Settlements & Verdicts
The settlements of brachial plexus lawsuits vary depending on the liable parties and injury severity. The average settlement or verdict in brachial plexus birth injury cases is about $750,000 to $2 million.
Reasons to Consider a Brachial Plexus Injury Settlement
Damage to the brachial plexus in a baby can result in high medical bills and long-term medical complications. Paralysis of the arm, pain, loss of sensation, or muscle weakness are common complications of brachial plexus injury.
If you believe medical malpractice during delivery caused your child’s Brachial plexus injury, please contact Justpoint immediately. Get a free case evaluation to find out if you have a case. You may be eligible for the highest settlement amount for your brachial plexus injury.
