Ohio Brachial Plexus Injury Lawyers | Kisling, Nestico & Redick
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We Help Victims of Brachial Plexus Birth Injuries Demand Justice & Appropriate Compensation

Brachial Plexus Injury Lawyers

Brachial plexus birth injuries can be traumatic and have a lasting impact on your child’s life and your family. You may need help holding the at-fault party accountable and recover maximum compensation for your damages. That’s where the Ohio brachial plexus injury lawyers at Kisling, Nestico & Redick come in. Schedule your free consultation today to learn about your next steps in the brachial plexus injury claims process.

Call KNR at 1-800-HURT-NOW. We will explain your rights and how to recover max compensation for your losses.

What is a Brachial Plexus Birth Injury?

The brachial plexus nerves allow for arm and shoulder movement and feeling and sensation in the arms and shoulders. A brachial plexus birth injury occurs when the nerves in the brachial plexus are torn, stretched, avulsed, or compressed.

Minor brachial plexus birth injuries may heal on their own, while more severe brachial plexus birth injuries may result in loss of function and paralysis in the baby’s affected arm.

What Causes Brachial Plexus Injuries?

Brachial plexus birth injuries can be caused in numerous ways. However, brachial plexus birth injuries are almost always preventable. Some common causes of brachial plexus injuries include:

  • Maternal obesity
  • Maternal gestational diabetes
  • Breech position
  • Delivering an above-average-sized baby
  • Delivering a baby that is large in comparison to the size of the mother’s birth canal
  • Shoulder dystocia
  • Improper development of the baby’s neck muscles in utero
  • Excessive force by healthcare providers
  • Improper use of vacuum assistive devices or forceps
  • Improperly applied force by healthcare providers

Signs & Symptoms of a Brachial Plexus

Brachial plexus birth injuries may be difficult to diagnose at birth. However, some of the common signs and symptoms of brachial plexus birth injuries include:

  • Baby’s hand is presenting in a claw-like position
  • The baby has an uneven Moro reflex, also known as the “startle reflex.”
  • The presence of irregular muscle contractions
  • Little movement of the affected shoulder or arm
  • Temporary or permanent paralysis of the affected shoulder or arm

Types of Brachial Plexus Injuries

Brachial plexus birth injuries take several forms. The nerve fibers can suffer in several ways, including:

  • Nerve rupture where the nerve fiber is torn and requires surgery
  • Neurapraxia where the nerve is stretched and will heal shortly after the injury
  • Avulsion where the nerve root is detached from the spinal cord and will often require surgery
  • Neuroma where the nerve is stretched and will require physical therapy to heal

Treating a Brachial Plexus Birth Injury

Treating a brachial plexus birth injury can vary widely based on the extent of the nerve damage, how the birth injury occurred, and other factors. Many newborns with brachial plexus birth injuries will require physical therapy immediately after birth.

Many babies will need surgery to regain as much sensation and movement in the affected arm as possible. If your child requires surgical intervention, they may receive muscle transfers, nerve graphs, tendon transfers, or nerve transfers.

Generally, the sooner your child receives treatment for the brachial plexus birth injury, the more likely they will regain as much function and movement as possible.

Impact of Brachial Plexus Birth Injuries

Brachial plexus birth injuries can be life-changing. In some cases, children will be stuck dealing with partial or complete paralysis and loss of function in their arms, hands, and shoulders.

Brachial plexus birth injuries and Erb’s palsy can require years of physical and occupational therapy, multiple surgeries, and assistive devices, which means your family may be stuck with medical expenses relating to the brachial plexus birth injury for the rest of your child’s life.

Brachial Plexus Injuries Caused by Malpractice: Negligence & Liability

Establishing liability and proving negligence is essential if you hope to require compensation for your child’s brachial plexus birth injury. Nearly anyone involved in your prenatal and postnatal care, childbirth, labor, and delivery could be held accountable for their negligent actions.

Some of the parties named most often, and brachial plexus injury claims include:

  • Midwives
  • Certified nurse midwives
  • Gynecologists
  • Obstetricians
  • Pediatricians
  • Nurses
  • Nurses assistants
  • The hospital
  • The birthing center
  • The pediatrician’s office
  • Other third parties

Elements & The Medical Standard of Care

Your attorney will be responsible for proving the elements of negligence have been met, and the medical standard of care has been breached. This indicates that you have grounds for a medical malpractice claim.

To show that the medical standard of care has been breached, your attorney must show that the healthcare provider in your case decided or failed to make a decision that another healthcare provider of similar job training and experience would not have made.

If another reasonable healthcare provider would not make the same decision, the healthcare provider in question may breach the medical standard of care.

The elements of medical negligence in brachial plexus injury cases include:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Malpractice-Related Brachial Plexus

Some examples of medical malpractice that lead to brachial plexus birth injuries include:

  • Healthcare providers pulling on the babies while the mother has a contraction
  • Failure to schedule a C-section as opposed to a vaginal delivery
  • Inappropriate use of aggressive shoulder dystocia maneuvers
  • Excessive use of force and attempting to pull the baby out during delivery
  • Improper use of vacuum extractors or forceps
  • Dropping the baby on their neck, shoulders, or head

Proving Negligence Caused Brachial Plexus

To prove the elements of negligence have been met, your brachial plexus injury attorney will introduce powerful evidence to support your case. Examples of such evidence could include:

  • Prenatal physician records
  • Medical records from your labor and delivery
  • Statements from witnesses who may have been present during your delivery
  • Expert testimony
  • Photos of your baby’s brachial plexus birth injury

Brachial Plexus: Recoverable Damages & Compensation

It is important to consider the impact your child’s brachial plexus birth injury will have on your child’s life and your family’s.

The costs and trauma of a brachial plexus injury are undeniable. Fortunately, when you pursue your insurance and civil claims, you may be entitled to compensation for a variety of economic and non-economic damages, such as:

  • The costs of surgical interventions
  • Physical and occupational therapy fees
  • Co-pays
  • Costs of assistive devices
  • The parents lost income and earning potential
  • The child’s loss of potential future earnings
  • Emotional distress
  • Diminished quality of life

A Brachial Plexus Birth Injury Attorney at KNR Can Help

KNR works for you, your child, and your family while you focus on helping your child heal from a brachial plexus injury. We’ll identify what caused your child’s injury, build a powerful case against those responsible, and fight to recover the financial compensation your family needs and deserves. Some of our most important responsibilities may include:

Our Legal Team Will:

  • Figure out who is at fault for your child’s brachial plexus injury
  • Gather compelling evidence to prove liability
  • Review your damages to calculate the value of your Ohio brachial plexus injury claim
  • Determine whether to pursue claims with the insurance company or go to trial
  • Handle the negotiations process for a reasonable birth injury settlement
  • Prepare to bring your case to trial whenever necessary

We use every available resource so your child can recover physically and financially from the harm done by brachial plexus.

Brachial Plexus Birth Injury FAQs

How long do I have to file a claim for a brachial plexus?

The statute of limitations for a brachial plexus birth injury in Ohio is one year from the date of the child’s 18th birthday. This means brachial plexus birth injury claims must be filed before your baby turns 19. However, the sooner you file your claim, the more likely we will have the evidence needed to obtain a favorable outcome.

Are there caps on the compensation I could be awarded?

There is a cap of $250,000 or three times the value of your economic damages on non-economic damages under Ohio law. This amount could reach up to $500,000 if multiple plaintiffs are involved.

Do I have grounds for a brachial plexus lawsuit?

If you have reason to believe your healthcare provider’s negligence or misconduct was the cause of your child’s brachial plexus injury, you may have grounds for legal action. The best way to find out what options are available is to contact a birth injury attorney.

Diagnosed with Brachial Plexus? Call KNR

When your family has been traumatized by a brachial plexus injury, you can fight to ensure your child is compensated fairly. Kisling, Nestico & Redick can help. Our experienced and dedicated lawyers will advise you, review all your options, and fight to secure the maximum amount possible. Let us recover what your child needs to live a full, happy, and healthy life.

Get your free, no-risk consultation. Call 1-800-HURT-NOW today.