Houston Brachial Plexus Injury Lawyers
Birth injuries are extremely devastating for both newborns and their parents. If your child suffers a brachial plexus injury, in which the nerves from the spinal cord to the shoulder, arm, and hand are damaged, it can have immediate consequences and long-term negative effects. At Williams Hart, we are here to help you recover the financial compensation you deserve if your child has suffered from this type of birth injury due to the negligence of a healthcare professional.
If you have realized that your child has a brachial plexus injury, it is wise to consult with an attorney right away. With a free consultation with an attorney at Williams Hart, you can learn about your legal options. Call us at (713) 352-7071 today to start the recovery process with our experienced legal team.
Do I Need a Brachial Plexus Injury Attorney?
If you are thinking about bringing a lawsuit against the doctor or other individual or entity responsible for your child’s brachial plexus injury, you may not know where to turn for help. These injuries involve medical diagnoses dealing with the network of nerves in the shoulder and arm. Typically, to demonstrate that an injury was due to a doctor’s or other person’s negligence, it is necessary to have medical experts on your side. The process of proving your case in court is complex and time-consuming.
Because of the complicated nature of cases involving brachial plexus injuries, turning to an attorney for help makes sense. An attorney will evaluate your case, contact expert witnesses, and make all necessary filings in court. By retaining an attorney, you can rest assured that your best interests are being protected by trained professionals.
Why Choose Williams Hart to Handle My Case?
After you have decided to bring a lawsuit, you will need to hire an attorney. In this situation, you will want to find the best attorney to represent your interests. The attorneys at Williams Hart are the right choice based on our track record of recovering over a billion dollars in settlements and verdicts for our clients over the years.
Managing partner John Eddie Williams, Jr. is certified in Texas with a specialization in personal injury law. All of the attorneys at our firm have dedicated their careers to helping injured people obtain the compensation they deserve. For over twenty-five years, we have been obtaining the results people need to continue with their lives. As members of the Houston community, we take pride in assisting our fellow community members in obtaining justice.
We handle cases of all sizes, and with a free consultation with one of our attorneys, we will be able to evaluate your case and advise you of the best course of action. No matter the size of your case, we never charge a fee unless you recover compensation. This means that you do not need to worry about paying for any costs up front. If we take on your case, we will only get paid if you recover.
Causes of Brachial Plexus Injuries
To be successful in a brachial plexus injury case, your attorney will have to prove that the doctor or some other medical professional committed malpractice or negligence in delivering your baby. To do so, your attorney will have to prove that the medical professional did not provide the level of care that a reasonable medical professional would have provided under similar circumstances. This involves proving that the doctor’s actions or inactions caused your child’s injuries.
Some specific causes of brachial plexus injury include the following:
- Shoulder dystocia: Brachial plexus injuries can occur in both natural and Cesarean section deliveries. The baby’s shoulder may become lodged against the mother’s pelvic bone, which results in pressure on the shoulder. If a doctor applies excessive pressure in attempting to deliver the child, the child’s shoulder nerves can be pulled and torn in ways that cause permanent damage.
- Breech births: In most cases, when a woman goes into labor, the baby is in position to be delivered head first. However, in a small percentage of cases, the baby is positioned for a breech birth. This means that the feet are positioned to enter the birth canal first. A doctor should be aware of the risk of breech birth and the potential consequences if a baby is delivered in this position. A birth plan should be developed to reduce risk, since a breech delivery puts a significant amount of pressure on the child’s head and shoulders.
- Size of the child: An injury may be more likely if the child is simply too large to safely fit through the birth canal. A doctor should be aware of the size of the baby and should take precautions to ensure that there is enough space for a safe delivery
- The use of vacuums or forceps: In some instances, a difficult delivery involving breech birth, difficulty pushing, issues with vital signs, or lengthy labor may result in a doctor using a vacuum or forceps to speed up delivery. These tools may cause injury if used too aggressively, particularly in light of the delicate nature of the child’s neck and bones. Doctors and nurses should be up to date on the use of vacuums and forceps and only use them when necessary to avoid injuries
Your lawyer and the medical experts they hire will be able to investigate your case to identify the cause of your child’s brachial plexus injury.
Signs of Medical Malpractice in Brachial Plexus Injury Cases
When you come to us because your child has suffered a brachial plexus injury, we will evaluate your case to determine whether medical negligence contributed to the injury. Our attorneys will take the time to understand the history of your pregnancy and examine the records that were compiled throughout that time. Documents such as ultrasounds, reports, and notes may provide necessary information to make a case against the medical providers who assisted you during pregnancy and delivery.
Signs of medical professionals acting negligently before and during delivery can include the following:
- Misusing medications during labor
- Failing to recognize or act on:
- The size of the child
- Signs of fetal distress
- The positioning of the child in the womb
- The unusual size or shape of the woman’s pelvis
- The mother’s obesity
- A history of brachial plexus injuries during other births
- Umbilical cord complications
- Changes in the condition of the mother through the childbirth process
- Slow dilation
- Failing to order a Cesarean section at the appropriate time
A medical expert will be able to determine whether the doctor’s actions counted as malpractice in your case.
Types of Nerve Damage in Brachial Plexus Injuries
Brachial plexus injuries can range in severity from injuries that heal on their own to injuries that cause permanent disability. Below are types of nerve damage and potential treatments:
- Avulsion: This is a very serious form of nerve injury in which the nerve is entirely torn away from the spinal cord. Because of the severity of the injury, it cannot typically heal on its own. An avulsion may be surgically treated with a nerve graft in an attempt to restore nerve function.
- Rupture: When a nerve is torn to some extent, it is referred to as a rupture. A surgical procedure may be performed in which the torn nerve is united with another nerve to repair the injury.
- Neuroma: This occurs when a nerve is stretched or pinched. The healing process can create scar tissue, which may need to be monitored since it can cause a permanent impact on the function of the arm.
- Neurapraxia: This is an injury that is more minor than a neuroma. It can cause pain but will often heal on its own or with less invasive treatments such as massage therapy.
If your child suffered any of these nerve injuries as a result of medical malpractice, Williams Hart can help you hold the at-fault parties responsible.
Compensation for a Brachial Plexus Injury
In cases where your attorney can prove the negligence of medical professionals involved in delivering your child, you may be able to recover monetary compensation. To do so, your attorney will have to show that you were being treated by the medical provider, that they failed to reasonably treat you under the specific circumstances of your labor and delivery, and that their failure to treat you and your child properly caused a serious brachial plexus injury.
Damages are available for both measurable costs, such as medical expenses, and losses that cannot be measured, such as physical pain. Some specific examples that would go into calculating compensation the doctor is responsible for include the costs of physical therapy, medical appointments, medical equipment, surgeries and other medical procedures, pain management and medications, home accommodations, and physical and psychological pain and suffering.
Contact Us Today
If your child has suffered from a brachial plexus injury, you may be entitled to compensation for their injuries. The birth injury lawyers from Williams Hart can help you recover financial compensation for your economic and non-economic losses. Do not hesitate to contact us today on this website or at (713) 352-7071. We are eager to assist you in obtaining the justice you deserve.