Did your child suffer a brachial plexus injury when they were born in Atlanta, Georgia? If so, call Georgia Baby Safety at 404-995-6033 today for a free consultation. Your family has rights, including the ability to demand compensation for medical bills, disability, and harder-to-value suffering. Our experienced Atlanta brachial plexus injury lawyers can help you fight for maximum damages.
Our team fights to protect the rights and best interests of children who’ve suffered devastating birth injuries. We advocate to help their families recover life-changing financial awards when their lives have been turned upside-down. Backed by 50+ years of combined experience handling complex medical negligence cases, we’ve helped clients recover hundreds of millions of dollars in settlement agreements and jury awards at trial.
Why Choose Georgia Baby Safety To Help You if Your Child Suffered a Brachial Plexus Injury in Atlanta, GA
Every birth injury is different. When your child has suffered a brachial plexus injury at birth in Atlanta, GA, and you decide to demand compensation, it’ll be important for you to work with an attorney who has experience and a proven track record of success litigating these types of cases. It’s why families of birth injury victims turn to Georgia Baby Safety.
Our Georgia birth injury lawyers are trustworthy, compassionate, tenacious legal advocates who stand up to powerful healthcare providers, hospitals, and insurance companies in the wake of tragedies. We know that brachial plexus injuries are often caused by avoidable medical errors, and we have the resources, strategies, and skills needed to hold negligent doctors accountable.
We’re proud to be distinguished as leaders in birth injury litigation by:
- Super Lawyers
- Martindale-Hubbell
- Avvo
- The National Trial Lawyers
Don’t let your newborn’s doctor walk away from the mistakes they’ve made without consequence. Don’t let the hospital scare you into accepting a lowball settlement. Count on our Atlanta birth injury attorneys to demand accountability and financial justice on your behalf. We offer a free consultation, so reach out today.
What Is a Brachial Plexus Injury?
The brachial plexus is a collection of nerves located in the shoulder under the collar bone near the base of the neck. These nerves connect to spinal nerves C5-T1 and relay signals between the brain and the arms, elbows, hands, and fingers. The brachial plexus controls movement and sensation in these parts of the body.
When the brachial plexus is injured, we can lose the ability to move our arms, bend our elbows, control fine motor movements with our fingers, and feel temperature, textures, and other sensations. There are different ways in which the brachial plexus can be injured, including:
- Avulsion injury: one or more nerves in the brachial plexus are forcibly torn away from the spinal cord
- Stretch injury (Neuropraxia): The nerves in the brachial plexus are stretched beyond their normal capacity, which interferes with their ability to function properly
- Rupture injury: one or more nerves in the brachial plexus are disconnected from the arm, elbow, hand, or finger(s)
Sometimes damage to the brachial plexus is temporary and will have short-term consequences. Other times, when trauma is more severe, children who suffer brachial plexus injuries at birth will face lifelong challenges and limitations.
Often, stretch injuries can be rehabbed, and victims can recover. When a child suffers an avulsion or rupture injury, however, the potential for permanent loss or impairment of function is much greater. Surgery can help to mitigate the potential long-term effects, but it isn’t always successful in achieving full recovery.
What Are the Two Main Types of Brachial Plexus Injuries?
There are two main types of brachial plexus injuries: Erb’s Palsy and Klumpke’s Palsy.
Erb’s Palsy affects the upper brachial injury nerves and can cause arm weakness or paralysis. Children who suffer from Erb’s Palsy often present with “waiter’s tip,” in which the hand turns backward away from the body at rest, and “Horner’s Syndrome,” which can cause drooping of the eye on the affected side.
Klumpke’s Palsy affects the lower brachial plexus nerves and can cause loss of motion and control in the wrist and arms. Children who suffer from Klumpke’s Palsy typically present with what’s known as “Total Claw Hand,” where the fingers don’t rest naturally, but instead form a claw.
How Do Brachial Plexus Injuries Happen During Birth?
Brachial plexus injuries can often be avoided when doctors and healthcare providers know how to navigate complications during labor, including breech positioning, shoulder dystocia, and macrosomia.
Injuries to the brachial plexus nerves tend to happen when a child’s shoulder becomes lodged behind the mother’s pubic bone, and the doctor pulls or twists on the child’s head and neck to aid in delivery. Excessive force on the head and neck can cause the nerves in the shoulder – specifically in the brachial plexus – to twist, tear, stretch, and/or disconnect from the spinal cord and/or arm.
The brachial plexus nerves can also become damaged by:
- Inaccurate cuts during a C-Section or another type of surgery
- Compression in the womb
- Misuse of vacuums, forceps, and other medical devices
- Failing to perform a C-Section when a child is in a breech position
When an OBGYN or another healthcare provider fails to exercise a reasonable degree of care and skill in delivering a child, and that child suffers a brachial plexus injury as a result, that provider can be liable for resulting damages in a medical malpractice lawsuit.
How Much Is My Brachial Plexus Injury Claim Worth?
Every child who suffers from a brachial plexus injury will have a unique road to recovery in front of them. So, it’s hard to say what your child’s brachial plexus injury case might be worth without knowing the specific consequences with which your family is faced.
Our Georgia brachial plexus injury attorneys in Atlanta will consider several factors when evaluating what your birth injury case might be worth:
- Which part of the brachial plexus was injured?
- Did your child suffer from a stretch injury, an avulsion injury, a rupture injury, or some combination of these different traumas?
- What are the chances your child will regain full function of their arm?
- Is your child likely to experience some level of permanent impairment or disability?
- What type of medical treatment is necessary to help your child achieve maximum medical improvement?
- Have you had to miss time at work to take care of your child after they suffered a brachial plexus injury?
- How does the brachial plexus injury affect your child’s quality of life, and how will it affect them in the future?
The more severe the damage to the brachial plexus injury, the more money your family might be awarded to offset the resulting costs and trauma. Working with our experienced birth injury attorneys in Atlanta can help you build a powerful legal claim and achieve the best possible case results.
What Damages Can Be Awarded to Brachial Plexus Injury Victims?
When your child has suffered a brachial plexus injury because of a doctor’s negligence, you can file a birth injury lawsuit to recover economic damages and non-economic damages for:
- Current medical expenses
- Future medical bills
- Rehabilitation
- Therapy
- Nursing care
- Out-of-pocket costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Chronic pain
- Disfigurement
- Embarrassment
Punitive damages may be awarded in limited situations by an Atlanta jury. Pursuant to Georgia law, these additional damages can be ordered when there’s compelling proof that a doctor or hospital was grossly negligent, attempted to fraudulently conceal a medical error, or caused intentional harm.
How Much Does It Cost To Pursue a Birth Injury Lawsuit?
Our Atlanta birth injury attorneys offer contingency fee representation. You pay nothing to hire our birth injury law firm until we win compensation for your brachial injury case. We recover a percentage of the financial award we win on your family’s behalf. We’ll also be reimbursed for any costs we’ve invested in litigating your child’s brachial plexus injury lawsuit.
You owe us nothing if we don’t win your case.
What’s the Statute of Limitations for Brachial Plexus Injury Lawsuits in Georgia?
In Georgia, most medical malpractice lawsuits – including birth injury claims – are subject to a two-year statute of limitations. Generally speaking, this gives you two years from the date your child suffered a brachial plexus injury to file a lawsuit.
However, brachial plexus injuries aren’t always apparent right away. Thanks to a discovery rule, the two-year window to sue doesn’t begin to run until your child’s injury is diagnosed.
It’s important to consult an experienced birth injury attorney near you in Atlanta as soon as you can. If you miss the filing deadline for your specific case, you lose the right to demand compensation from a negligent healthcare provider.
Schedule a Free Consultation With an Experienced Atlanta Brachial Plexus Injury Lawyer
Don’t struggle with the trauma and costs of your child’s brachial plexus injury alone. Call Georgia Baby Safety, and discover how our Atlanta brachial plexus injury attorneys can help you fight for your child’s future.
We’re a team of award-winning Georgia litigators with 50 years of combined experience handling high-stakes, high-value birth injury cases like yours. Our track record speaks for itself, with hundreds of millions of dollars in damages recovered.
We offer a free consultation to answer any questions you might have. Contact us to discuss your brachial plexus injury case today.