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Brachial Plexus palsy is a condition acquired at birth that affects the nerves of the brachial plexus region. The brachial plexus is a set of five nerves on both sides of the neck and shoulder area that run from the spinal cord through each arm. Brachial plexus palsy is damage to these nerves that impairs functioning in the arms, wrist, or hand. Symptoms of brachial plexus palsy can include reduced feeling in the arm, lack of arm muscle control, or complete paralysis of the affected limb.
There are four types of brachial plexus palsy injuries. Avulsion occurs when the affected nerves are completely torn from the spine. Rupture occurs when the nerve is torn away in a different region than the spine. Praxis or stretch brachial plexus palsy injuries results not from a torn nerve, but when the nerve is injured or damaged. This type of brachial plexus palsy injury has a higher likelihood of healing on its own. The fourth type of brachial plexus palsy is called neuroma and occurs when scar tissue develops around the nerve impairing its functioning by applying pressure to it.
Brachial plexus palsy is commonly caused by a difficult delivery in childbirth and can be the result of medical malpractice. The risk factors for difficult delivery that might lead to brachial plexus palsy include large newborn size, the use of forceps or vacuum during delivery, a breech delivery, and long labor. Brachial plexus palsy affects one or two children per one thousand live births.
Brachial plexus palsy can be the result of medical negligence in a number of circumstances. Failure to properly estimate the baby’s weight, perform a c-section when necessary, recognize cases of gestational diabetes, inform parents of potential risks, perform proper delivery techniques, and the use of excessive force during delivery are all cases of medical malpractice that can cause brachial plexus palsy.
If medical malpractice is the suspected cause of brachial plexus palsy, it is possible to recover damages from the negligent doctor. Brachial plexus palsy damages may include medical expenses, pain and suffering, the potential loss of future earnings, and any other incurred damages.
In order to establish a medical malpractice case to recover damages for brachial plexus palsy, three things must be proven. First a doctor patient relationship between the doctor and the brachial plexus palsy patient must be established. Second, doctor negligence must be proven. And third, it must be proven that the doctor’s negligence was the cause of the damages in a brachial plexus palsy case.
In order to establish these things in a lawsuit, you may wish to consult a qualified legal professional who can help you build a strong case of medical malpractice. Retaining an expert witness that can prove medical negligence may also be required to win your case. Your medical malpractice attorney can help to protect and maximize your interests in a brachial plexus palsy case. For more information on brachial plexus palsy, please contact us to confer with a medical malpractice attorney.
UCPnet - Cerebral palsy association provides education and research services to people with disabilities, their families, the public and other organizations.
Cerebral Palsy: a Guide for Care - Describes causes, symptoms, diagnosis, prognosis, treatment options, and types of cerebral palsy.
CP Legal News - Useful, hands-on site includes in depth information on causes, treatment options, useful links, as well as available legal remedies to this serious disorder.