The brachial plexus is a network of nerves within the spinal cord which transmit commands from the brain to the shoulders, arms and hands. It is a delicate area of the spinal cord which can be damaged when shoulder dystopia occurs in childbirth and forceful manipulation of the shoulders is required to deliver a baby. Brachial plexus injuries are regarded as obstetric emergencies, however, when such an injury occurs during childbirth which could have been avoided by a different course of action, victims are entitled to make brachial plexus injury claims for compensation.
The symptoms of brachial plexus injuries are usually evident at an early age. A limp or paralysed arm, the lack of control in hand or wrist movements and a lack of sensitivity in the arm are all evidence that an infant has sustained a brachial plexus injury. Some brachial plexus injuries heal by themselves, but others may require therapy or even surgery to repair the damage that has been done during childbirth. Brachial plexus injury claims for compensation are usually made in the most severe cases, where even surgery cannot repair the damage to the nerves.
Making Brachial Plexus Injury Claims
Brachial plexus injury compensation claims have to demonstrate that the injury occurred through clinical negligence and that it was avoidable. In order to do this a solicitor will engage the services of an expert medical consultant to review the medical notes of the birth and interview the medical team who were present at the delivery. Only if evidence of a lack of skill – or failure to apply that skill – can be found will you be able to make a brachial plexus injury compensation claim.
In fact, it would actually be your child who makes the brachial plexus injury compensation claim – through a parent or guardian acting as their “next friend”. A solicitor will advise you about the procedures for making brachial plexus injury claims, and will try to negotiate with the liable party on your child´s behalf to negotiate a settlement agreement and avoid litigation in court. Even so, if the liable medical practitioner admits responsibility for your child´s injury, you will still have to go to court to have the brachial plexus injury compensation settlement approved as your child is less than 18 years.
Free Brachial Plexus Injury Claims Advice
If your baby has been recently diagnosed with a brachial plexus injury, and you would like to know more about brachial plexus injury claims for compensation, you are invited to call our free advice service on 1800 989 850. Our lines are manned by experienced solicitors with whom you will be able to discuss your brachial plexus injury compensation claim and receive some clear, practical advice. There is no obligation on you to proceed with brachial plexus injury claims once you have spoken with us, and all calls to our free advice service are completely confidential.
Our Promise to You:
- 100% Free consultation with an experienced solicitor
- 100% Practical and helpful advice about your entitlement to claim
- 100% Up to date information about brachial plexus injury compensation
- 100% No pressure or obligation on you to proceed with a claim
What You Can Expect When You Call
We have over twenty years experience of helping clients with claims for medical negligence compensation and, sadly, many of these have involved injuries sustained during childbirth. Consequently, you will find us compassionate and understanding of your distress due to your baby´s condition.
We will listen carefully as you explain to us how you believe your baby sustained a brachial plexus injury and who you believe is negligent. Unfortunately, we are not medical experts, but we will be happy to answer any legal question you may have about your entitlement to make a brachial plexus injury compensation claim.
We may also be unable to establish whether you have a brachial plexus injury compensation claim until we have spoken with your family GP or sought expert medical counsel, but we can explain to you the processes involved in brachial plexus injury claims and give you examples of how long they may take to process and how much compensation you may receive if successful.
Before the conclusion of our initial telephone conversation, we will ensure that you have understood our answers to your questions and any other advice we will have given you. You are under no obligation to act on any of our suggestions, and many clients have found it helpful to discuss their options with family and friends before making brachial plexus claims for compensation.
You may even find that your private discussions raise more questions – in which case, you are welcome to call our free brachial plexus claims advice service again. However, we would not recommend delaying your initial contact with us, as witnesses memories may be the key to a successful brachial plexus injury compensation claim, and the longer a claim is delayed, the more likely that these memories will fade.
Therefore, please call us on 1800 989 850 as soon as possible. Our lines are open twenty-four hours a day, seven days a week, and we also operate a complimentary call-back service if now is not a suitable time to speak with us. Simply leave your contact details in the form at the bottom of the page, and one of our experienced solicitors will get back in touch at a time which is more convenient for you.