When a brachial plexus injury prevents someone from working or results in on-going medical bills, it’s worth considering how the injury was caused.
If it was caused by someone else’s negligence, you may have grounds for a brachial plexus injury claim for compensation.
What is a brachial plexus injury?
The brachial plexus is a bundle of nerves that supports sensation and mobility in the shoulders, arms and hands.
When these nerves are damaged, it can result in physical impairment that may affect a person’s ability to work and enjoy a normal life.
Most common causes of brachial plexus injuries
The most common causes of brachial plexus injuries are high-speed collisions involving motor vehicles and trauma suffered by infants during birth.
Lack of muscle control, reduced sensation and partial or total paralysis of the affected limb or limbs may require immediate and on-going medical attention.
Claims for brachial plexus birth injuries
Brachial plexus injuries involving newborn babies are common.
They usually happen when the infant’s head or shoulders get stuck in the birth canal.
Common risk factors include prolonged labour, a breech delivery or a baby with a high birth weight.
Tugging during delivery can stretch the baby’s brachial plexus nerves, causing mild to severe damage.
If the injury results from negligence or medical malpractice, a personal injury claim can be instituted on the baby’s behalf.
What constitutes medical negligence or malpractice in this scenario?
A doctor or attending healthcare provider may be considered negligent if he or she:
- used too much force
- failed to detect and act upon obvious signs of birth complications by performing a Caesarean section
- misused instruments, such as forceps or an extraction pump.
Proving medical negligence or malpractice requires the specialised legal knowledge and litigation skills of an experienced personal injury lawyer.
Claims for brachial plexus injuries due to road accidents
Collisions involving motor vehicles can result in severe brachial plexus injuries.
Drivers, passengers and other road users who are injured in a road accident that was not their fault can lodge a claim for monetary compensation with the Road Accident Fund (RAF).
The onus is on the claimant to submit documentation and gather expert testimony to support the medical aspects of the claim.
The most effective way of dealing with a claim against the RAF is to use the services of a personal injury attorney.
Successful brachial plexus injury claims
In 2005, a nurse who was a passenger in a vehicle involved in a collision was awarded compensation of R2,235 million from the RAF.
The woman was pulled from the burning wreckage of the vehicle.
She sustained severe injuries including trauma to the brachial plexus nerves that resulted in partial paralysis of her right hand.
Her claim consisted of R325,000 for general damages and more than R1,86 million for loss of income.
In 2003 in Illinois, US$20 million in damages was paid out in a medical malpractice claim involving an infant who suffered severe brachial plexus injuries during birth.
The parents successfully claimed excessive force was used during the breech delivery and that a C-section should have been performed.
Diagnosis and treatment of brachial plexus injury
Several tests and scans may be required to confirm the diagnosis of a brachial plexus injury.
These include:
- MRI and CT scans
- nerve conduction studies to measure the speed of electrical impulses
- an electromyography (EMG) test to record the electrical activity in the muscles.
Severe injuries may require surgery, on-going physical therapy and the use of orthoses, which are expensive.
Brachial plexus injury claims with DSC Attorneys
Are you suffering from debilitating brachial plexus injuries as a result of a road accident?
Was your baby injured during birth? Do you think medical malpractice was the cause?
At DSC Attorneys, we specialise in personal injury claims and our medico-legal team has extensive experience in handling brachial plexus injury claims.
We can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve.
We work on a no-win, no-fee basis.
Contact us at DSC Attorneys for the very best legal support and representation.
