Chicago Brachial Plexus Injury Lawyers

Brachial plexus injuries are often severe and life-altering conditions that impact a child’s quality of life. These injuries also place heavy emotional and financial burdens on families. At our firm, we understand the challenges these injuries present and are here to help families understand their legal options.

If you suspect your child’s injury was due to a medical error, our experienced Chicago birth injury lawyers can provide the support you need. Contact us today for a free consultation.

Understanding Brachial Plexus Injuries

The brachial plexus is a network of nerves that extend from the spinal cord through the neck and into the shoulders, arms, and hands. These nerves control sensation and movement. Any injury, regardless of severity, to this area can result in a loss of function in the shoulder, arm, or hand.

Types of Brachial Plexus Injuries

• Neuropraxia (Stretch Injuries): Often caused by overstretching, these injuries typically heal over time but may still require treatment.
• Rupture (Nerve Tearing): Involving the partial tearing of a nerve, these injuries result in longer recovery times and sometimes require surgery.
• Avulsion (Separation from the Spinal Cord): This is the most severe form where the nerve is torn away from the spinal cord completely. This often results in permanent disability.
• Erb’s Palsy: This occurs in the upper nerves and affects motor function and strength in the arm and hand.
• Klumpke’s Palsy: This happens in the lower nerves and affects the muscles in the forearm and hand.

Both Erb’s and Klumpke’s palsy most often happen during childbirth and cause paralysis.

Causes of Brachial Plexus Injuries in Birth Settings

In some cases, brachial plexus injuries were likely preventable complications during birth. Common causes include:

• Prolonged or Difficult Labor: Extended labor can increase the risk of nerve damage to the brachial plexus.
• Shoulder Dystocia: If the baby’s shoulder becomes stuck behind the mother’s pelvic bone, improper handling can result in nerve injury.
• Improper Use of Delivery Tools: Excessive force during the use of forceps or vacuum extractors can injure the brachial plexus.
• Large Birth Weight or Breech Position: Babies born in these circumstances are at a higher risk of brachial plexus injury.

Seeking Compensation for Brachial Plexus Injuries

Parents of children who suffer brachial plexus injuries because of a medical mistake may have the right to file a medical malpractice claim. These claims hold healthcare providers accountable for negligent practices before, during, and after delivery that lead to injury.

How to Prove Medical Negligence in a Brachial Plexus Injury Case

Proving negligence requires thorough evidence. The following are a couple of the key elements required to build a strong medical negligence case:

• Medical Records and Expert Testimony: Showing the injury was likely due to a deviation from accepted practices
• Proof of Deviation from Standard Practices: Establishing that the healthcare provider’s actions fell below accepted medical standards

Medical records, including delivery records, imaging and exam results, and treatment notes, can provide valuable documentation of the injury and its potential causes. Expert medical testimony from qualified professionals can also help establish the standard of care and demonstrate how the healthcare provider deviated from that standard, leading to the injury.

By collecting, organizing, and presenting compelling evidence, a Chicago brachial plexus injury attorney can build a strong case to hold negligent healthcare providers accountable.

Factors Affecting Compensation

Once medical negligence is proven in a brachial plexus birth injury, several factors determine the compensation available for brachial plexus injuries. They include:

• Severity of the injury and lack of mobility
• Medical care expenses and therapy costs
• Emotional distress caused by the injury
• Long-term care needs

Our Chicago brachial plexus injury lawyers will account for all your damages and fight to get your family maximum compensation.

Recovering from Brachial Plexus Injuries

To recover from a brachial plexus injury, you first need an accurate diagnosis and effective treatment plan. Diagnostic tools like MRIs and X-rays help assess the injury’s extent, and treatment may involve physical exams, further imaging tests, or surgeries such as nerve grafts or transfers.

Rehabilitation for children born with these injuries include:

• Physical Therapy: To improve range of motion and strength in the affected area
• Occupational Therapy: To restore motor skills and adaptability in daily tasks

Aside from the physical aspect of coping with this devastating birth injury, support for families affected by brachial plexus injuries can include: local support groups, national organizations, and specialized pediatric care facilities in Chicago that offer valuable resources.

Choosing the Right Brachial Plexus Injury Lawyer in Chicago

Choosing the right attorney may just be the most important step of your journey. Look for attorneys with experience handling birth injury cases. You’ll also want a compassionate and client-focused approach—you don’t want to process a traumatic birth injury with an inexperienced and emotionally detached lawyer.

Make sure you check their track record of success in these cases and look for client reviews as well that speak to the lawyer’s skills and commitment to clients.

Frequently Asked Questions About Brachial Plexus Injury Lawsuits

What Is the Statute of Limitations for Filing a Brachial Plexus Injury Lawsuit in Illinois?

In Illinois, birth injury claims can be filed up to eight years from the date of injury but must be filed by the child’s 22nd birthday. Exceptions may apply if the child has a permanent disability. Families should consult an experienced lawyer because circumstances can vary.

How Long Does a Brachial Plexus Injury Lawsuit Typically Take?

The timeline can vary widely depending on the case, but your attorney can guide you through each phase of the legal process.

Can I Afford Legal Representation for My Brachial Plexus Injury Case?

Our firm offers contingency-based representation, meaning you don’t pay unless we secure compensation on your family’s behalf.

Contact Our Chicago Brachial Plexus Injury Lawyers Today

If your child has suffered a brachial plexus injury, you don’t have to face this challenge alone. Our experienced attorneys are here to help you pursue justice for your child and the compensation your family deserves. Contact us today for a free, no-obligation consultation.