Legal Rights And Support For Brachial Plexus Injury: A Guide For Families
Imagine the joy of welcoming a newborn, only to be met with the devastating news of a brachial plexus injury.
This complex network of nerves, responsible for arm movement and sensation, can sustain damage during birth, leaving your child facing potential lifelong challenges.
As a parent, the emotional turmoil is immense, compounded by the daunting task of understanding your legal rights and securing the support your child needs.
You’re not alone. In New York alone, nearly 1 in 1,000 newborns experience brachial plexus injuries, often due to complications during delivery. While the initial shock and grief are understandable, know that there are resources and legal avenues available to help you navigate this difficult journey.
What Is Brachial Plexus Injury
Prior to understanding the legal rights and support for the Brachial Plexus injury, you must have a thorough understanding of the disease.
So what exactly is Braxhhial Plexus injury? It is a network of nerves that carries the signals from the spinal cord to the arms, hands, and shoulders. The injury occurs when the nerves are ripped apart, or compressed, from the spinal cord.
Newborn babies sometimes face these injuries during their birth. Other than this, some other conditions that lead to tumor inflammation may affect it.
What Are The Symptoms Of brachial plexus injury?
There are the signs and symptoms of the disease, and they can differ greatly depending on the location of the injury and the severity. Usually, only one arm is affected.
More-Severe Injuries
There are the more severe symptoms that may result from the tear or even rupture of the nerves.
The most serious injuries happen when the nerve root is torn from the spinal cord. The signs and symptoms of these injuries may include the inability to use certain muscles in the arm and shoulders, a complete lack of movement that provides for the shoulder and hands, and even severe pain.
Less-Severe Injuries
This very nerve complexity is associated with sports, basically contact sports like wrestling or football. There, the nerves get compressed. They are called burners or stingers. It produces some of the symptoms like numbers or says, weakness in the arms, and feeling of electric sensations.
The symptoms do not last long, only for a few seconds or minutes. In some people, the symptoms may last longer but some of the symptoms may last for a longer time.
When Do You Need To See A Doctor?
Personal injuries can cause permanent damage. Even if your complexities seem minor, you may require medical care. In that case, you may need to see a doctor who can provide you with the solutions to your problems.
Here are some signals that you must not undermine under any circumstances. They include weakness in the hand or arm, recurrent burns, and stringers, and pain in the neck.
Causes Of Brachial Plexus Injury
Now that you have understood the symptoms of the disease, you also need to understand the causes of the issue.
When the shoulder is forced down, the brachial plexus’s upper nerves tend to occur. The lower nerves are more likely to be injured when the arm is forced above the head. The injury can be caused in several ways.
The newborn baby can sustain this kind of injury. It might be linked to a high birth weight or prolonged labor. That time, the shoulders of the infant get wedged within the birth canal. Most often, the upper nerves get injured, and this condition may be called Erb’s palsy.
During the radiation treatment, mainly to the neck or the chest, the tumors grow in or along the brachial plexus and, after that, spread to the nerves. The radiation treatment may cause damage to the brachial plexus. Even accidents like motor vehicles or bullet injuries can cause damage to the nerves.
Understanding Your Rights
Following a brachial plexus injury diagnosis, seeking legal counsel is vital. An experienced attorney can help you comprehend:
Medical negligence:
If the injury was caused by a medical error, you may have the right to pursue compensation for medical costs, rehabilitation, and potential lost wages due to future caregiving needs.
Insurance coverage:
Understanding your insurance policies and maximizing coverage for your child’s treatment is crucial.
Government benefits: Programs like Social Security Disability Insurance (SSDI) and Medicaid can provide financial assistance for ongoing care.
Building a Support System
Beyond legal support, building a comprehensive support system is essential for your child’s well-being and your own resilience. Consider:
Connecting with support groups:
Connecting with other families facing similar challenges can provide emotional support, shared experiences, and valuable insights.
Seeking therapy:
Addressing the emotional trauma associated with your child’s injury can benefit both you and your child.
Exploring rehabilitation options: Physical and occupational therapy can play a significant role in maximizing your child’s recovery and potential.
Remember, the road ahead may be challenging, but you don’t have to walk it alone. By proactively seeking legal counsel, building a support network, and understanding your resources, you can empower yourself to advocate for your child’s best interests and ensure they receive the care and support they deserve.
FAQs:
What evidence do I need to prove medical negligence?
Consulting with an attorney specializing in birth injury cases can help you determine the specific evidence required for your case.
How long do I have to file a lawsuit?
Statute of limitations vary by state, so seeking legal counsel promptly is crucial.
What are the different types of therapy available for brachial plexus injuries?
Physical therapy, occupational therapy, and aquatic therapy are common options, and the specific recommendations will depend on your child’s individual needs.
Remember, this article is not a substitute for professional legal advice. Consulting with an attorney specializing in birth injuries is vital to understanding your specific rights and options. By taking informed steps and seeking the necessary support, you can ensure your child receives the care and resources they deserve to thrive.
Read Also:
Already have an account?
Sign In
Create your account
User added successfully. Log in