Brachial Plexus Injury Legal Questions

If your baby developed a brachial plexus injury due to careless and negligent mistakes made by a health care provider, you have both the legal right and option to file for damages against the responsible party. Yet, the legal process can seem intimidating, especially if you’ve never had to deal with medical malpractice and birth injury lawsuits before. By arming yourself with as much knowledge as possible, however, you’ll better understand if you have a valid case and what you can expect.

Is My Brachial Plexus Injury Case Valid?

In order to have a valid case, three important factors must be met, which include:

  • Duty of Care: The person or people you are filing the lawsuit against must have had a duty of care for your infant, meaning they must have been responsible for your baby’s medical care at the time of the injury.
  • Breach of Duty of Care: The defendant (s) must have breached the duty of care by acting negligently and carelessly while medically caring for your baby.
  • Injuries As a Result of Breach of Duty of Care: Your infant’s injuries must have happened because the defendant (s) breached the duty of care. In other words, the defendant’s direct actions or lack of appropriate actions must have been what caused the injuries.

Do I Really Need an Attorney?

Although everyone has the right to legally represent themselves, it’s extremely important to have experienced legal representation when it comes to birth injury lawsuits. These cases are often the most intricate types of lawsuits ever, and require the in-depth knowledge and background of an experienced birth injury attorney in order for you to have the best possible chances of success.

Will I Really Receive Compensation for My Baby’s Injuries?

If you have a valid brachial plexus injury case, coupled with an experienced birth injury lawyer, you definitely have a chance in receiving compensation for your baby’s injuries. Although it’s impossible for anyone to tell you 100% as to whether you will win your case or not, the chances are good as long as the two aforementioned factors are met.

Will a Lawsuit Help Pay for My Baby’s Future Medical Expenses?

There is a common misconception that all infant brachial plexus injuries will heal themselves over time. Even though most of these types of injuries will clear without treatment, the unfortunate fact is that the more severe the the injury, the more likely that an infant will experience lifelong problems in the damaged area, which can include total paralysis and/or permanent pain. Even with extensive physical therapy, medication, and even surgery, there is a chance that brachial plexus injuries will never heal.

In these instances, a brachial plexus lawsuit will help you not only with past medical expenses, but estimated future costs as well.