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Brachial plexus palsy is a disability that occurs when the network of nerves near the neck is injured. A brachial plexus injury most commonly occurs during the birthing process, especially when excessive force is applied to the baby’s head and neck while pulling the baby out. While not always the case, brachial plexus palsy can be avoided with proper maintenance, monitoring, and care. When this expected duty is not provided due to inadequate training, intoxication, or some other form of preventable recklessness, it is considered negligent and a form of medical malpractice.
If your child was directly injured as a result of your trusted medical provider’s negligence, you are entitled to partner with a compassionate Brachial Plexus Palsy attorney in Houston, TX from Davis & Davis and file a claim for damages. Our Houston Brachial Plexus Palsy lawyers are prepared to guide you through the claim process and ensure you get access to the financial justice and compensation your family deserves.
Understanding How Medical Malpractice Can Result in Brachial Plexus Palsy
A brachial plexus palsy diagnosis is not always the direct result of negligence, so it is imperative you hire a dedicated Houston Brachial Plexus Palsy attorney to help you confirm the cause. Natural situations that can increase the risk of the disability include prolonged labor and breech presentation, both of which can be identified early in the process and treated accordingly.
It is when your doctor fails to take appropriate action or misuses a birthing tool, like forceps or a vacuum, that you can find them accountable. This failure to accurately assess and handle the situations can lead to undue stress on the infant’s neck, damaging the brachial plexus.
This injury can lead to varying degrees of loss of movement and sensation in the arm, with potential long-term implications for the child. The occurrence of brachial plexus palsy due to medical negligence underlines the significance of having skilled and careful management in childbirth. Proper training, timely decision-making, and a keen understanding of the birthing process are essential for healthcare providers to prevent such injuries. When there’s a deviation from this standard of care resulting in brachial plexus palsy, it falls under medical malpractice, giving the affected families the right to seek legal recourse.
How Can a Brachial Plexus Palsy Lawyer Help My Case?
Nobody deserves to pay the price of a trusted professional’s failure to uphold their standard of care. When it comes to filing a medical malpractice claim, don’t attempt to do so without the guidance of a knowledgeable Brachial Plexus Palsy attorney. While you focus on your family, our team can help by:
Establishing Liability
For medical malpractice cases, liability is established through the occurrence of negligence. A doctor or other healthcare professional cannot be held liable for any medical mistake or occurrence. Instead, you must be able to demonstrate the following:
- You (or your child) were owed a standard care
- This care was breached
- This breach directly resulted in your child’s brachial plexus injury and brachial plexus palsy diagnosis
In order to demonstrate this, your Houston, TX Brachial Plexus Palsy attorney will gather time-sensitive information to be used as evidence. Examples of evidence can include eyewitness testimony, detailed medical records, professional opinions, and photographs of the injuries.
Adhering to the Statute of Limitations
Texas currently has a two-year statute of limitations for filing a medical malpractice claim. This is two years from the date of the injury or reasonable discovery. This may seem like a substantial amount of time to file your claim, but you can be surprised at how easy it is to miss when actively navigating a brachial plexus palsy diagnosis and all that comes with it.
When you partner with Davis & Davis, you don’t have to worry about missing the deadline or any other aspects of the claim process.
Fighting for a High Settlement
Texas currently offers both economic and non-economic damages for victims of medical malpractice claims. This includes compensation for the following losses:
- Past, present, and future medical bills
- At-home assistive devices
- Physical therapy
- Cost of prescription medications
- Vocational therapy
- Loss of enjoyment of life
- Scarring or disfigurement
A brachial plexus palsy diagnosis can result in a lifetime of therapy and the necessity of assistive devices such as a wheelchair. Our team is prepared to negotiate and fight for a worthy settlement that includes the full extent of your losses, including future expenditures. If a settlement offer cannot be reached, our team is even prepared to defend your family’s future in court.
Schedule a Free Case-Evaluation With a Dedicated Brachial Plexus Palsy Attorney Now
When you place your trust in medical professionals during and after childbirth, you expect the best care. Sadly, mistakes can happen, leading to injuries like brachial plexus palsy. The dedicated Brachial Plexus Palsy attorneys at Davis & Davis in Houston, Texas, stand ready to champion your rights, boasting decades of experience with over 300 jury trials. With our expertise, we can tackle even the most complex birth injury cases.
You only pay if we succeed in getting you the compensation your family deserves, ensuring your peace of mind during the claim process. Start your journey to justice today by contacting us for a free consultation through our online contact form or by calling our office at (888) 522-9444.
