Practice Areas Medical Malpractice Birth Injuries Brachial Plexus

Our Brachial Plexus Lawyers Help You Recover Compensation in Montana and Wyoming

The brachial plexus is a bundle of five nerves in the shoulder that transmit sensory and movement signals from the spinal cord to the arms and hands. Unfortunately, the brachial plexus can be injured during childbirth. In some instances, the injury may be unavoidable, while in others, the injury may be caused by medical malpractice during birth. If your child has been diagnosed with a brachial plexus injury, you may be entitled to compensation. Contact a Montana and Wyoming brachial plexus injury lawyer to discuss your case and whether you may have a claim. 

Common Symptoms of Brachial Plexus Injuries

Brachial plexus injuries are sometimes not immediately apparent because an infant cannot tell you something is wrong. However, there are some symptoms that are noticeable that can indicate that your child has suffered a brachial plexus injury: 

• An arm held against the side of the body and bent at the elbow
• Lack of motor function
• Paralysis of the arm or hand
• Lack of sensation in the arm or hand
• Weak grip

If your child is experiencing any of these symptoms, you should seek an immediate medical evaluation. You should then discuss your options with an experienced Wyoming and Montana brachial plexus injury lawyer. 

Brachial Plexus Injuries Can Be Caused by Medical Malpractice

Many brachial plexus injuries are preventable. Despite extensive training and education, OBGYNs can still make mistakes during the labor and delivery process that rise to the level of medical malpractice. These mistakes can include the following: 

• Allowing a breech birth where the baby is delivered feet first instead of head first
• Failing to perform a Cesarean section (C-section) when appropriate
• Failing to recognize or appropriately respond to improper positioning in the womb or signs of fetal distress
• Misuse of forceps, vacuum extractors, and other devices used in the labor and delivery process
• Applying excessive pressure or force to the baby’s head and shoulders when pulling the baby from the birth canal

Mistakes made during the labor and delivery process can lead to serious injuries that require additional medical treatment and may result in lifelong medical issues. A Montana or Wyoming brachial plexus injury lawyer can determine whether you have a claim and what compensation you will need going forward.

Types of Brachial Plexus Injuries

Every brachial plexus injury involves the stretching or tearing of the nerve fibers. They can range from mild overstretching to an avulsion, where the nerve is completely torn away from the spinal cord. Milder brachial plexus injuries may involve stretching of one or two of the nerve fibers, while more severe injuries may involve all five. 

Many brachial plexus injuries do not result in permanent damage and the child will make a full recovery within a year. For those who suffer severe brachial plexus injuries, many of those children will suffer some degree of a permanent disability. 

Two of the most common conditions arising from brachial plexus injuries are: 

1. Erb’s palsy. This is when the nerves are damaged in the upper brachial plexus which affects the movement of the upper arm. Most cases of Erb’s palsy are successfully treated by means of surgery, physical therapy, or electrical stimulation and heal within the year. However, the therapy needed to treat Erb’s palsy costs money, and you may be entitled to compensation for these additional medical bills. 
2. Klumpke’s palsy. This is when the nerves of the lower arm are damaged. Severe cases where all five nerves are damaged are sometimes referred to as “global palsy.” It can result in conditions such as atrophy in the muscles or the hand, “claw hand” (tightening of the wrist and fingers), loss of sensation, and sometimes severe pain. Cases of Klumpke’s palsy can range from mild to severe. Treatment includes physical therapy as well as invasive surgical procedures such as nerve grafts, nerve transfers, and muscle transfers.

The doctor or hospital is likely to downplay these conditions or avoid accepting responsibility. While many brachial plexus injuries are unavoidable, A Montana or Wyoming brachial plexus injury lawyer can determine whether your child’s injury was the result of medical malpractice and help you understand your options. 

How a Wyoming and Montana Brachial Plexus Injury Lawyer Can Help 

When you are dealing with a child with a medical condition, it can feel like you don’t know where to turn or what to do. Even if you are unsure you have a claim or don’t want to go to court, a Montana and Wyoming brachial plexus injury lawyer can help you navigate this situation. An attorney can help in the following ways: 

• By reviewing your case and determining whether your child’s brachial plexus injury was the result of medical malpractice
• By explaining your options going forward so that you can make an informed decision about your case
• By coordinating treatment to address your child’s brachial plexus injury
• By gathering the documents and other evidence you will need to prove your claim
• By determining how much your claim may be worth
• By making a formal demand upon the responsible parties for the compensation you are owed 
• By handling the correspondence with the doctor or hospital’s insurance company
• If litigation becomes your best option, but handling all aspects of the legal process from filing the lawsuit to bringing your case to trial

Non-lawyers have very little chance of successfully pursuing these cases without assistance. If you believe that your child has suffered a brachial plexus injury, the best thing you can do is contact a Montana and Wyoming brachial plexus injury lawyer. 

Call Ragain & Clark Today to Talk to a Montana and Wyoming Brachial Plexus Lawyer

You and your child deserve to be made whole if you have suffered as a result of medical malpractice. With over 30 years of experience, a Wyoming or Montana brachial plexus injury lawyer from Ragain & Clark can help you get the compensation you need to move past this experience. To schedule a free consultation, contact us at 406-651-8888 (Billings) or 307-388-6400 (Worland) to discuss your case and your options.