Brachial plexus injuries often occur because of medical negligence. The doctor delivering the baby may act in a way that is inconsistent with the standard protocols used during labor and delivery, and the baby may suffer permanent impairments because of it.
The Berger and Green team can review your family’s case, explain your rights, and help you pursue compensation. Call or text us at 412-661-1400. Our case reviews are always free, and our attorneys receive no fees unless we recover a payout in your case.
Understanding Brachial Plexus Birth Injuries
The brachial plexus is a web of nerves that connect the arms and hands to the spinal column. These nerves make it possible to feel, move, and control the shoulder, arm, elbow, wrist, hand, and fingers. Depending on the injury suffered, a child who has a brachial plexus birth injury may experience mild, moderate, or severe issues in the affected limb. This may include weakness, issues with sensory function, and lack of motor control.
In some cases, regular physical therapy beginning as soon as possible after birth can help an infant recover from a brachial plexus injury. Some injuries, however, require more intensive treatment or may lead to permanent impairments.
The most common lasting injuries following a brachial plexus injury during birth include:
- Lasting weakness in the affected arm
- Muscle contractures
- Slowed growth of the affected arm
When we get ready to fight for a payout in your case, we will review your child’s diagnosis, prognosis, and medical needs to ensure we are pursuing a fair settlement based on their past and future care needs. Other factors that may impact the value of a settlement could include:
- The facts of the case we build against the doctor
- Your actual expenses and losses related to their treatment
- Your child’s possible prognosis
- Your child’s ongoing care needs and future care needs
Berger and Green Can Navigate the Medical Malpractice Claims Process for You
The Pittsburgh medical malpractice team from Berger and Green can review your case at no cost to you. We know what it takes to prove medical negligence, and the laws Pennsylvania makes us follow to take legal action in this type of case. This includes having a medical expert witness testify to:
- The normal standard of care provided in the circumstances like the ones you and your infant faced during labor and delivery
- If your doctor or care provider followed the proper protocols and provided the expected standard of care
- That your doctor’s action or inaction caused your child to suffer a brachial plexus injury
Pennsylvania has strict rules about the credentials of our expert witness, including that they must:
- Have similar training to the accused doctor
- Have similar experience to the accused doctor
- Work in the same geographic area as where your labor and delivery occurred
Berger and Green has a network of trusted medical expert witnesses who practice in and around Pittsburgh we can call on when pursuing a medical malpractice case. We will identify the best witness for your case and call on them to help us prove your child was the victim of medical negligence.
Our case against your doctor or hospital will center on this medical expert testimony as well as any other evidence of negligence we recover. We may be able to negotiate a fair settlement in your family’s case without going to court, or we may need to litigate your case to pursue the payout you need to cover treatment and ongoing care costs.
Call or text us today at 412-661-1400.
Recoverable Damages in a Pittsburgh Medical Malpractice Case
If we can prove that your child suffered a brachial plexus birth injury as a result of medical malpractice, your family may be eligible to pursue compensation from the doctor or hospital responsible. This compensation includes a wide range of damages your child and family endured — and will endure in the future — because of the medical malpractice.
Recoverable damages in your case may include:
Economic damages include any past or future expense related to your child’s injury or treatment. Examples include:
- Medical bills and related expenses
- Prescription drugs
- Physical therapy and other rehabilitation efforts
- Ongoing and future care costs
- Out-of-pocket expenses
Non-economic damages are more difficult to put a value on. They include the emotional damages your child suffers. Common examples include:
- Pain and suffering
- Mental anguish
Pennsylvania does not limit the amount of economic or noneconomic damages you can recover in a medical malpractice case. The only compensation limits they put on this type of case is on punitive damages. These damages are relatively rare and only awarded when a judge believes a doctor committed willful or wanton misconduct.
Pennsylvania Has a Statute of Limitations That May Set a Deadline in Your Case
Pennsylvania has a two-year statute of limitations on medical malpractice claims. In general, if someone was the victim of medical malpractice and does not take legal action in two years, they lose the right to do so.
However, this statute of limitations does not always apply when the victim was under the age of 18. You may still have time to take legal action even if your child is older than two. We can help you understand your options, simply call us for your free case review today.
Talk to an Attorney About Your Child’s Brachial Plexus Birth Injury
If your child suffered a brachial plexus injury during birth, the Pittsburgh medical malpractice lawyers from Berger and Green can explain your rights and pursue a payout on behalf of your family.
Call or text 412-661-1400 today for your free no-cost, no-obligation consultation, and case review.