Brachial Plexus Injury
Baltimore Birth Injury Lawyers Helping Families Across Maryland Pursue the Justice They Deserve
If your baby has suffered a brachial plexus injury due to the negligence of a healthcare provider, the Baltimore birth injury lawyers at Lebowitz & Mzhen can help you understand your rights. Our team diligently pursues compensation for children and families who have been harmed by medical malpractice. We understand that no amount of money can erase the pain and stress caused by a birth injury; however, it can ease the burden of daily expenses that children and their families must deal with, providing a sense that justice has been served.
What Is the Brachial Plexus?
The brachial plexus is a network of nerves that originates in the spinal cord in the neck and extends through the shoulder, arm, and hand. It is responsible for transmitting signals between the spinal cord and the muscles and skin of the arm, providing movement and sensation to these areas.
The brachial plexus is composed of five main nerves, called roots, which emerge from the cervical (neck) and upper thoracic (chest) spinal cord. These roots are named C5, C6, C7, C8, and T1, which correspond to the spinal nerves where they originate.
How Can the Brachial Plexus Become Damaged During the Labor and Delivery Process?
Due to its location and complex structure, the brachial plexus is susceptible to various types of injuries, most of which stem from the application of pressure to the shoulder and neck area during delivery. For example, perhaps the most common cause of brachial plexus injury during childbirth is shoulder dystocia. Shoulder dystocia occurs when the baby’s shoulder gets lodged behind the mother’s pubic bone after the head has been delivered. To free the shoulder, the medical team may use maneuvers that stretch or compress the brachial plexus nerves, leading to injury.
What Are the Types of Brachial Plexus Injuries?
Medical experts classify brachial plexus injuries into several categories, depending on the severity and location of the injury.
Neurapraxia (Stretch Injury)
This is the most common and mildest form of brachial plexus injury. It occurs when the nerves are stretched but not torn. Neurapraxia usually heals on its own within a few months, though it can still cause temporary weakness or numbness in the affected area.
Rupture
A rupture occurs when the nerve is torn but not at the spinal cord. This type of injury is more severe than neurapraxia and may require surgery to repair the torn nerve.
Avulsion
This is the most severe type of brachial plexus injury, occurring when the nerve is torn away from the spinal cord. Avulsions often result in permanent weakness or paralysis of the affected muscles and typically require surgical intervention.
Global Palsy (Total Plexus Involvement)
In this type of injury, all five nerves of the brachial plexus are involved. This results in a complete loss of movement and sensation in the affected arm and hand. Surgery and long-term rehabilitation may be necessary for recovery.
Do Parents Have a Legal Remedy if a Child Experienced Brachial Plexus Injuries During Birth?
When a birth injury is caused by a healthcare provider’s mistake, the patient or the patient’s family may be able to recover damages by filing a medical malpractice claim. Malpractice usually occurs when negligence by a doctor, nurse, or other professional causes harm to a patient in the form of injury, disability, or death. Healthcare providers are required to follow a specific standard of care that is connected to their particular specialty and the geographic area in which they practice. In other words, a treating obstetrician and/or obstetrical nurse must provide a level of medical care and skill that other reasonably competent obstetricians and/or obstetrical nurses would have provided under the same or similar circumstances. If a healthcare professional fails to follow the proper standard of care, and that failure causes an injury, it can give rise to a medical malpractice claim.
Damages in Brachial Plexus Birth Injury Cases
The exact amount of compensation that an individual or family may be able to recover will vary depending on the extent of the injury. However, parents of a child who suffered a brachial plexus injury during birth can seek economic and non-economic damages for the harm their child suffered and will continue to suffer in the future.
Generally, economic losses include the cost of a newborn’s past, present and future medical care, occupational and physical therapy, and nursing care, as well as the decrease in earning capacity caused by the birth injury.
Non-economic damages are intended to cover the pain and the suffering associated with the medical injury, as well as scarring and disfigurement and other damages that are harder to assign a dollar value to. Unfortunately, the State of Maryland caps on non-economic damage at
In rare cases, an injured patient may be able to pursue punitive damages. These may be sought in cases when there is clear and convincing evidence of an evil motive, an intent to injure, or fraudulent activity. Punitive damages are not subject to any cap or limitation.
Seek Legal Guidance in Baltimore for a Medical Malpractice Claim
Birth injuries can have serious and long-term consequences for a child. At Lebowitz & Mzhen, Personal Injury Lawyers, we understand the emotional and financial toll that they can take. Our knowledgeable medical malpractice attorneys work diligently to assert the rights of Baltimore individuals and families to the compensation they deserve for their harm. We represent clients throughout Maryland and in Washington, D.C., as well. For a free consultation, call us toll-free at 800-654-1949 or contact us online.