Brachial plexus birth injury is a condition that affects the nerves in a newborn’s shoulder and arm, and it can result in a range of symptoms, from mild weakness to complete paralysis. You may wonder about your legal options if your child has been diagnosed with brachial plexus birth injury. You must opt for a reputable legal expert. For example, Zayed Law Offices can help.
This article will outline the legal options for families impacted by brachial plexus birth injury.
1. Medical Malpractice
In many cases, brachial plexus birth injury results from medical malpractice. Medical malpractice or negligence occurs when a healthcare provider fails to provide appropriate care, harming the patient. In the context of brachial plexus birth injury, medical malpractice can occur during labor and delivery, such as when a healthcare provider applies too much force during delivery or fails to recognize and respond to signs of fetal distress.
If medical malpractice caused your child’s brachial plexus birth injury, you could file a medical malpractice lawsuit. This type of lawsuit can compensate for medical expenses, ongoing therapy, and other damages resulting from the injury.
2. Product Liability
Sometimes, brachial plexus birth injury can result from a defective product. For example, the manufacturer may be liable if a medical device used during delivery is defective and causes damage. Similarly, the pharmaceutical company may be responsible if a medication used during pregnancy causes the injury.
If a defective product caused your child’s brachial plexus birth injury, you might be able to file a product liability lawsuit. This type of lawsuit can compensate for medical expenses, ongoing therapy, and other damages resulting from the injury.
3. Birth Injury Fund
Some states have a birth injury fund, which provides financial compensation for families impacted by birth injuries, including brachial plexus birth injury. The fund is often financed through a surcharge on medical malpractice insurance premiums.
To be eligible for the birth injury fund, you must meet certain criteria, such as a specific level of injury severity or a limit on the family’s income. If qualified, the birth injury fund can provide financial support for medical expenses, ongoing therapy, and other damages resulting from the injury.
4. Statute of Limitations
It is important to note that a statute of limitations exists for filing a legal claim related to brachial plexus birth injury. The statute of limitations is when you must file a lawsuit, and it varies depending on the state where the injury occurred.
In general, contacting a lawyer as soon as possible is best if you are considering a legal claim related to brachial plexus birth injury. A lawyer can help you in the legal process and meet all necessary deadlines.
5. Choosing a Lawyer
If you are considering a legal claim related to brachial plexus birth injury, choosing a lawyer with experience with this type of case is essential. Look for an attorney specializing in birth injury and medical malpractice cases and with a track record of successful outcomes for their clients. When researching this medical condition, Zayed Law Offices can help.
During your initial consultation with a lawyer, be sure to ask about their experience with brachial plexus birth injury cases, their fees and payment structure, and their strategy for your case. It would be best to ask about their availability and communication style to ensure you feel comfortable working with them throughout the legal process.
Conclusion
Brachial plexus birth injury can be a challenging condition for families to manage, both emotionally and financially. If your child has been diagnosed with it, it is important to explore your legal options to ensure you have access to the resources and support you need.
Related Articles You Might Like:
