9 Steps for Compensation After a Brachial Plexus Birth Injury

Compensation After a Brachial Plexus Birth Injury

The moments following childbirth often overflow with joy, yet for some families, concerns emerge over nerve injuries that have occurred. Brachial plexus injuries, which impact the network of nerves running from the neck through the shoulder and down the arm, can create lingering challenges for infants. Yet with proper medical care, legal support and community, families can find the healing and compensation they need.


Stalwart Law Group has decades of experience guiding clients through birth injury cases. Our team of talented and dedicated attorneys are available to give you personalized and strategic attention. Call our offices today at 310-954-2000 for your free consultation. 

New mom frustrated on couch holding newborn after birth injury of brachial plexus

What are Brachial Plexus Birth Injuries?

Occurring in 1-3 births per 1000 in the US, brachial plexus injuries are caused when nerves in the brachial plexus become overstretched during childbirth. This may happen when a baby’s shoulders become impacted during the birthing process, placing too much tension on the nerves. Injuries can range from bruises to the nerves to partial or full tearing.

While many brachial plexus injuries do heal on their own over time, some create lasting limitations to the movement and strength of the impacted arm. The severity varies case by case. No family expects nerve damage to occur, so understanding your next steps and legal rights is essential. 

Gathering the Help You Need for a Birth Injury 

In the moments after a brachial plexus diagnosis, it is understandable to feel overwhelmed and concerned over where to turn. Having trusted medical guidance and guidance from birth injury lawyers is key. These 7 steps provide direction:

1. Seek Prompt Medical Consultation 

Securing expert medical evaluation as soon as possible provides essential care to infants and documents needed details. Working with doctors focusing on brachial plexus injuries, like those at pediatric hospitals, is ideal. Ongoing check-ins then track recovery progress.

2. Understand Birth Injury Legal Rights and Options 

Speaking with qualified birth injury lawyers helps families grasp legal rights specific to their situation. State laws differ, and nuances exist across medical malpractice and injury law. Experienced birth injury lawyers educate families holistically and help families get the support they need. 

3. Track all Medical Expenses and Impact 

Keeping organized records is key, logging all medical visits, tests, treatments and costs related to the injury. Note the ongoing impacts the injury has on daily functioning. These records become important for possible future claims.

4. Explore Brachial Plexus Compensation Options 

Birth injury lawyers can assess the viability of getting compensation through settlement agreements with insurers or civil proceedings. Other options like governmental programs or external support funds may assist with expensive ongoing medical costs as well.

Stay focused on emotional healing too. The trauma of medical issues after birth often requires mental health supports. Counseling, parent support groups and self-care practices make space for processing this within families.

5. Commit Fully to Physical Rehabilitation Efforts.

Rigorous nerve recovery rehab, with stretches, exercises and therapy aids, can gradually rewire connections. Starting infant nerve therapy promptly leads to the best outcomes long-term.

Trust there are brighter days ahead. However dim the birth injury diagnosis may seem initially, sizable rates of infants see regained strength and mobility over time. Breakthroughs in nerve treatments also continue steadily. Hope fuels perseverance.

6. Navigating Birth Injury Legal Considerations Holistically

Legal steps can restore lost wages over time, ease financial struggles and bring accountability - but true healing requires even more. With compassion and wisdom, families can traverse this terrain gracefully. A birth injury lawyer can help support you during this difficult time. 

7. Seek Birth Injury Attorneys Ready to Humanize the Process 

The legal system often dehumanizes birth injury cases into strict black-and-white processes, but complex medical trauma deserves more compassion. Find supportive lawyers balancing logic with empathy.

8. Embrace Strength-based Mindsets 

Avoid framing children only by limitations connected to injuries. Recognize their wholeness, talents and potentials unfolding through therapy breakthroughs.

9. Stay Connected with Community 

Isolating mentally makes challenges far heavier. Support groups for parents of children with brachial plexus injuries build bridges. They ease the load through shared understanding.

Make space for self-care and renewal. Burn-out serves no one. Carving out small breathers for the soul - a calming bath, a favorite book, a chat with a friend - helps parents recharge to support their child’s ongoing progress.

Frequently Asked Questions:

1. What causes brachial plexus injuries?

These preventable nerve injuries generally occur when excessive lateral traction is applied to a baby's head during childbirth. Difficult deliveries that place extra downward pressure on the raised shoulder can overstretch the nerves.

2. How are brachial plexus injuries diagnosed?

Medical staff can diagnose brachial plexus injuries soon after birth through physical examinations and imaging tests. Symptoms like lack of arm movement, weakness, or odd positioning indicate nerve damage. Definitive assessments classify the injury severity.

3. How long does a brachial plexus birth injury lawsuit take?

The duration of a lawsuit can vary widely depending on the complexity of the case. Consult a birth injury lawyer for a more specific timeline.

4. What costs are involved with brachial plexus injuries?

Costs add up with specialized medical treatments, surgery, therapy appointments, mobility equipment, in-home care and more over the years. Lawyers seek financial compensation to significantly help offset these financial impacts through legal action.

5. How much compensation for a birth injury? 

It's important to note that each case is unique, and averages may not accurately reflect what a specific case is worth. This is why it is important to contact a birth injury lawyer who can secure you with optimal outcomes. 

Choosing Your Birth Injury Lawyer  in California 

Trust in the possible, not just the difficult diagnosis. Even the longest journeys have mile markers showing advancement bit by bit. 

Celebrate small wins, like a regained finger wiggle or a milestone through rehab. Most importantly, seek the compensation that you need. A birth injury lawyer will advocate and navigate the complex legal system for you. 

Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Stalwart Law Group to protect your rights and your child’s future. Our attorneys have graduated from top law schools and are prepared to support you and your case. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today for more information at 310-954-2000

* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.  

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