Corpus Christi Brachial Plexus Injury Attorneys
Representing Injured Victims & the Parents of Children with Birth Injuries
Brachial plexus injuries most often enter the world of tort law in two
types of cases: medical malpractice cases and auto accident cases. In
the former case, due to birth injury, a baby can suffer from temporary
or permanent nerve damage and/or paralysis in the hands and arms. In the
latter case, brachial nerve damage during a car accident may cause similar
temporary or permanent nerve damage.
Contact Bandas Law Firm, P.C. online or by phone at (361) 238-2789 to
discuss your options for free with one of our Corpus Christi brachial
plexus injury lawyers.
A Brief Overview of Tort Law
Both of the above-mentioned cases come under the heading of tort law. In
this civil law category, according to Cornell University Law School, “A
civil wrong… can be redressed by awarding damages.” Tort
cases include automobile accidents, medical malpractice, workers compensation,
and other personal injury cases, as well. Though there may be a variety
of types of tort law cases, they all have one thing in common and that
is that the burden of proof is on the plaintiff.
Brachial Plexus Injuries & Birth Injury Cases
According to Johns Hopkins Medicine, approximately 1% of births will result
in obstetric brachial plexus palsy. This occurs when, “During delivery,
the baby’s shoulder may become impacted on the mother’s pubic
bone causing the brachial plexus nerves to stretch and tear… The
prognosis for recovery depends on the pattern, complexity, and severity
Depending on which nerves are damaged, the baby may then develop Erb’s
palsy, in which case it will have partial or full paralysis in the shoulder
and elbow, or it may develop Klumpke’s palsy, in which case the
nerve damage will affect the ability to move the wrist or hand.
If you suspect that your infant is suffering from brachial plexus injuries
due to negligence or medical misconduct during delivery, you may have
a medical malpractice case against your obstetrician. However, you will
need to prove that there was negligent activity at the time and that your
obstetrician could have prevented the birth injury, thus preventing your
infant’s temporary or permanent nerve damage.
Auto Accidents & Brachial Plexus Injuries
Brachial plexus injuries also often occur in auto accidents, especially
in cases in which one driver hits another from behind. The sudden jerk
of the collision can cause the nerves of the brachial plexus to stretch
and/or tear, causing temporary or permanent damage. In cases like these,
proving fault is generally as simple as proving that the other motorist
acted negligently and caused the accident.
However, if you do not seek medical attention immediately and cannot prove
that your brachial plexus injuries occurred due to trauma inflicted during
the accident, you may not be awarded compensation. Furthermore, because
brachial plexus injuries may or may not have lasting effects, you may
not know whether you will need to continue with treatments, need nerve
grafts or nerve and/or muscle transfers after the fact.
Helping You Seek Fair Compensation for Your Damages
Whether you have suffered a brachial plexus injury in an auto accident
or you’ve recently had a baby who’s suffered trauma during
birth, you may have a tort case to pursue. If you can prove that the nerve
damage to yourself or someone you love was caused by a negligent obstetrician
or by the other driver’s negligent actions, you will be owed compensation
for medical bills, lost wages, pain and suffering, and/or any other damages
resulting from the injuries.
If you or someone you love has suffered from a brachial plexus injury due
to someone else’s negligence or misconduct, you should speak with
a qualified attorney as soon as possible. At Bandas Law Firm, P.C., we
are extensively experienced in brachial plexus injury cases; we can help
you understand your case and the compensation owed to you.
For a free consultation and case analysis, fill out our online contact
form or call our office at (361) 238-2789.