New York Brachial Plexus Lawyers

Injuries to the Brachial Plexus

The brachial plexus is a vital network of nerves originating from the spinal cord in the neck and extending through the shoulder region into the arm and hand. Brachial plexus injuries in newborns can have significant implications for mobility, dexterity, and quality of life, particularly if they result from medical malpractice during childbirth or other medical procedures. 

Shoulder dystocia, a complication during childbirth characterized by difficulty in delivering the baby’s shoulders, is a common cause of brachial plexus injuries. This type of injury can lead to a condition known as, Erb’s palsy, which leaves some children paralyzed in their arm/shoulder for their entire lifetime. 

Recognizing the symptoms associated with brachial plexus injuries is crucial for early intervention and treatment. These symptoms may include: 

• Weakness or Paralysis 
• Loss of Sensation/Numbness/Tingling in the arm or hand
• An arm that hangs limp or held close to the body 
• Abnormal Muscle Contractions 
• Limited Range of Motion 

It is important to note that these symptoms may not always be immediately apparent after childbirth and could develop gradually over time. If a parent suspects that their infant’s brachial plexus injury was caused by medical negligence, seeking prompt medical and legal assistance is crucial for proper diagnosis, treatment, and potential legal recourse.  

Treatment for brachial plexus injuries can be costly, but at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we are committed to securing fair damages for families affected by medical negligence or malpractice.

Legal Aspects of Brachial Plexus Injuries: Establishing Liability 

Brachial plexus injury causes may include excessive force or improper handling during delivery. In certain cases, a brachial plexus birth injury could have been prevented if a healthcare provider had recommended or performed a cesarean section instead of a vaginal delivery. When healthcare providers’ actions contribute to these injuries, they may be held liable.   

If your baby has been diagnosed with a brachial plexus injury, you may have grounds to file a lawsuit against the doctor and/or hospital to seek financial compensation for medical expenses, ongoing care, and related costs. However, to succeed in your claim, these key elements must be proven: 

• Provider-Patient Relationship: A provider-patient relationship must exist, establishing the duty of care owed by the healthcare provider to the patient. 
• Breach of Duty of Care: The healthcare provider breached their duty of care by providing treatment that failed to meet the expected standard of care.
• Causation: The breach of duty directly caused injuries to the infant, resulting in brachial plexus injuries. 
• Damages: The injuries sustained by the infant lead to damages, such as pain and suffering, medical bills, and more. 

These elements form the basis for establishing liability in medical malpractice cases. Gathering evidence to support each of these elements is essential for building a strong case and seeking compensation for the harm suffered by the baby and their family. 

How Our Brachial Plexus Birth Injury Lawyers Can Help 

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we understand that establishing medical negligence requires thorough evidence gathering. Our team starts by compiling a comprehensive account of the events surrounding the delivery, documenting every detail leading up to, during and after childbirth. 

We will gather witness testimony from individuals present during childbirth and conduct a meticulous review of medical records to identify any deviations from the standard of care and potential acts of negligence. This involves analyzing prenatal care records, labor and delivery notes and postnatal care documentation. We handle each case with individualized attention and employ experts in their respective fields to help build a strong case. 

While most brachial plexus injury lawsuits are settled before trial, we are fully prepared to take your case to court if a fair settlement cannot be reached. Whether through negotiation or litigation, our goal remains the same: to ensure that you receive the compensation you rightfully deserve for the harm and losses you have endured. You can trust our experienced team to handle your case with diligence, expertise, and dedication.  

How Long Do I Have to File a Claim? 

Medical malpractice claims are subject to statutes of limitations, which impose time limits on filing lawsuits. In most cases of medical malpractice, plaintiffs have only two and a half years from the date of the occurrence; however, in the cases of birth injuries parents have up to 10 years to file a claim. Regardless, it is important to act quickly or else one risks losing crucial evidence. 

Contact Us for a Case Evaluation

With our experienced team of brachial plexus injury lawyers, we have a proven track record of success in litigating and settling birth injury lawsuits. Over the years, we have recovered millions in settlements and verdicts for our clients who have suffered from birth injuries, including brachial plexus injuries.   

If your child has suffered due to shoulder dystocia or nerve damage resulting from birth complications, and you feel medical negligence played a role, we can help you explore your legal options. Please contact us today online or by calling 212-684-1880 to speak with an experienced New York birth injury attorney. You owe us nothing unless we win your case.