Brachial plexus injuries cause severe nerve damage that impairs mobility. The reason people file a lawsuit for an injury of this nature is to recover economic and personal losses, called damages. The damages have to be tangible in that they can be identified and there are quantifiable losses associated with the injury. While most brachial plexus injuries occur to infants during birth, adults can also suffer accidents that cause brachial plexus lesions. If you’re contemplating filing a lawsuit for a brachial plexus injury, you must be able to point at who is responsible for causing the brachial plexus injury. These injuries are usually the result of an accident. But not all accidents happen due to someone else’s fault. If the accident could have been prevented, then you should talk to an attorney to determine if filing a lawsuit is the best course of action against the parties responsible for the injury. The brachial plexus is the system of nerves that sends signals from your spinal cord to your shoulder, arm, and hands. A brachial plexus injury occurs when these nerves are stretched, compressed, ripped apart or torn away from the spinal cord. These injuries tend to have a long-lasting health impact.
You should talk to an attorney experienced in brachial plexus injuries to learn more about the logistics of these lawsuits. Attorneys at Bennett and Heyman, PA have devoted practice of law in helping clients suffering the devastating consequences of brachial plexus injuries. They understand the intricacies of these complex medical malpractice lawsuits. Call us at (410) 845-2385 for a free and private consultation.
Why Should I Consider Suing for a Brachial Plexus Injury?
If there is a clear indication that recovery will require significant medical attention, then you should give serious consideration to filing a lawsuit. The health complications of brachial plexus injury can lead to devastating permanent impediments. An attorney can help you determine what are the appropriate legal bases or causes of action for filing a lawsuit.
The severity of the lesion doesn’t always appear obvious in medical testing, yet the symptoms are debilitating and unpredictable. In these instances, you should talk to a professional who can help determine the extent of these financial losses over time because this can be a heavy burden to bear. An attorney can help you determine if filing a lawsuit is recommendable to release the financial burden.
Suing For Brachial Plexus Injuries in Children Born in Baltimore, MD
If your son of daughter suffered a brachial plexus injury at birth, you can sue the healthcare professionals who caused the injury. Hospitals in Maryland are required to implement protocols to prevent these injuries. Even though Baltimore has good hospitals, brachial plexus injuries still occur. One of the worse things that can happen to a child is the loss of health at the time of birth due to the carelessness of healthcare professionals. The problem with suing these healthcare professionals is that signs of serious nerve damage can be disguised as developmental issues. You should talk to an attorney who can provide references for experts who will be able to identify if the root of the health problem is a brachial plexus lesion. Some of the common signs of significant nerve damage warranting a lawsuit include:
- Depressions or indentations in the head
- Asymmetrical facial movement
- Spastic or tight muscles
- Inability to sit up, crawl, and walk
- Inability to meet developmental milestone
- Drooping eyelids
- Constricted pupils
Faulty or excessive force with medical instruments used to assist the child’s passage through the birth canal is the most common cause of brachial plexus injuries in children. A lawsuit may be necessary to recover present and future financial losses. The cost of medical care adds up quickly. If you know instruments were used to assist in the delivery of your child, you should be skeptical of anyone adjudicating all problems to a developmental condition and talk to an attorney to review your options.
Adult Lawsuits for Brachial Plexus Injuries
When an adult suffers a brachial plexus injury, the injury will manifest quickly and in serious mobility impairment, including:
- Paralysis or debilitating weakness of the shoulder muscles
- Impaired or winging of shoulder bones
- Paralysis of the forearm and hand
- Damage of the nerve roots from which the cervical sympathetic chain arises cause
- Horner syndrome characterized by drooping in one eyelid and pupil constriction
- Motor function impediment
- Neurologic and functional loss
- Loss of feeling in the affected arm, hand, or extremities
- Intense pain
All the symptoms above can be devastating. The loss of movement can result in all sorts of trauma. Those who experience brachial plexus injuries as adults can face enormous financial losses that can be recovered through a lawsuit. If the damages result from a car accident someone else caused or due to a faulty medical procedure, you may be able to sue the careless individuals who caused the accident.
Time Limits For Filing a Lawsuit for Brachial Plexus Injury
There is a three-year time limit to bring a claim for all personal injuries in Maryland. There are some exceptions for children. Maryland courts requires legal claims for birth defect injuries have to be brought within 5 years from the time of the injury or 3 years from the time the injury was discovered. These actions cannot be brought after the child’s 11th birthday.
What Do I Need to File a Lawsuit For Brachial Plexis Injury Lawsuits in Baltimore, MD?
Under Maryland’s Health Care Malpractice Claims Act, CJP § 3-2A-01, there are two prerequisites needed for a medical malpractice lawsuit:
1) The certificates of merit by qualified experts for both sides intended to establish the claim is not frivolous, and there is a dispute regarding the professional standard of care.
2) The Notice of Waiver of arbitration is intended to bypass the arbitration panel forum requirement of Maryland.
Call a Baltimore, Maryland Medical Malpractice Lawyer Today
If you need more information about these requirements, you should talk to experienced attorneys Bennett and Heyman, PA. Call (410) 845-2385 for a free and private consultation.