Overview of a Brachial Plexus Birth Injury Lawsuit

Has your child been diagnosed with a brachial plexus injury during labor and delivery?

You may have a valid medical malpractice lawsuit claim. 

Understanding the legal process and how to seek damages or compensation may feel daunting but our experienced Chicago Medical Malpractice Lawyers are here to help guide you through the process of filing a lawsuit from start to finish. 

Is a Brachial Plexus Injury Considered a Birth Injury or Birth Defect?

A brachial plexus injury is considered a birth injury, not a birth defect.

It results from nerve damage during the birth process, typically due to trauma or pressure, rather than a genetic or developmental abnormality.

This type of injury can lead to Erb’s palsy when the upper nerves in the brachial plexus (specifically the C5 and C6 nerve roots) are stretched, compressed, or torn.

This typically happens during a difficult birth when excessive force is used to pull the baby’s head and shoulders through the birth canal, especially if the shoulder becomes stuck (shoulder dystocia). 

Damage to these nerves affects the muscles in the shoulder and upper arm, resulting in weakness, loss of motion, or even paralysis in that part of the arm, all considered hallmark symptoms of Erb’s palsy.

If your child’s brachial plexus injury led to this condition, you need a medical malpractice lawyer experienced with Erb’s palsy cases. 

My Infant has a Brachial Plexus Injury. Can I File a Lawsuit for My Child’s Birth Injury?

Yes, if your infant’s brachial plexus injury was caused by medical negligence during delivery—such as excessive force, improper use of delivery tools, or failure to properly manage complications like shoulder dystocia—you may have grounds to file a lawsuit for your child’s birth injury.

What is the Statute of Limitations for Brachial Plexus Injury Lawsuits in Illinois?

In Illinois, the statute of limitations for filing a birth injury lawsuit, including cases involving brachial plexus injuries, is generally 8 years from the date of the injury if the injured party is a minor at the time the cause of action accrues.

However, the lawsuit must be filed before the child turns 22 years old, regardless of when the injury occurred.

If the injury was not immediately apparent, the statute of limitations may be extended.

Under the “discovery rule,” the clock starts when the injury is discovered or reasonably should have been discovered.

In such cases, the lawsuit must be filed within 2 years from the date of discovery, but no later than the child’s 22nd birthday.

Given the complexities of birth injury cases, it’s crucial to consult with an experienced birth injury attorney promptly to ensure that all legal deadlines are met, your lawsuit is filed in time, and your child’s right to compensation is protected. 

Filing a Brachial Plexus Injury Lawsuit in Chicago

We’re a Chicago-based law firm specializing in medical malpractice with extensive experience representing clients in cases involving brachial plexus injuries and similar conditions.

Over the years, we have successfully litigated numerous cases where patients suffered harm due to brachial plexus injuries, securing compensation for medical expenses, lost wages, and pain and suffering.

We collaborate with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of our medical malpractice lawsuit cases we’ve handled include settlements of $1.25 million for an undisclosed negligent failure.

What are the Long Term Effects of Brachial Plexus Injuries?

Long-term effects of brachial plexus injuries can include permanent weakness or paralysis of the affected arm, limited range of motion, muscle atrophy, and loss of sensation.

Some children may also develop joint deformities or abnormal limb growth, leading to lifelong functional challenges and the need for ongoing therapy or surgery.

Seeking Compensation for a Brachial Plexus Injury Claim in Chicago, Illinois

To get compensation for a brachial plexus injury claim in Chicago, Illinois, you generally need to take the following actions:

1. Consult a lawyer with experience handling brachial plexus injury cases to evaluate your situation.
   
2. Obtain medical records and expert opinions to prove that the injury was caused by medical negligence on the part of a healthcare provider (a doctor, nurse, OB-Gyn, or hospital) during birth.
   
3. File a medical malpractice lawsuit within Illinois’s statute of limitations (typically 2 years from when the injury was discovered or should have been discovered).
   
4. Prove liability and damages by showing that the healthcare provider’s negligence caused the brachial plexus injury and that it led to financial, physical, and emotional harm.
   
5. Negotiate a settlement or proceed to trial to receive compensation for medical expenses, pain and suffering, lost wages, and other damages related to the injury.

How do I Start the Process to Receive Compensation for a Brachial Plexus Injury?

To start the process of seeking compensation for a brachial plexus injury, begin by consulting a specialized birth injury attorney who can evaluate the specifics of your case and advise on its legal merit.

You should gather all relevant medical records, including prenatal, delivery, and postnatal documents, to support your claim. 

Your attorney will typically work with medical experts to establish whether the injury resulted from medical negligence.

If there’s a valid claim, the attorney will help you file a formal demand or lawsuit against the responsible parties, such as the healthcare provider or hospital. 

Throughout the process, it’s important to document ongoing medical treatments and expenses related to the injury. 

Settlement negotiations or court proceedings will follow, aiming to secure compensation for medical costs, pain and suffering, and any long-term care needs.

Frequently Asked Questions and Answers About Brachial Plexus Injury Lawsuits 

Can I receive compensation for my child’s brachial plexus injury? How much?

Yes, if your child’s brachial plexus injury was caused by medical negligence during childbirth, you may be entitled to compensation. This can help cover medical expenses, therapy, future care needs, and other related damages such as loss of earning potential or quality of life.

How much compensation or damages can I claim in a brachial plexus injury case? How is the value of the case determined?

In Illinois, both economic (medical bills, lost wages) and non‑economic damages (pain and suffering) in medical malpractice cases—including those involving brachial plexus injuries—are not capped.

Case value depends on factors like the severity of the injury, the need for ongoing treatment, loss of future earnings, the degree of disability, and the emotional impact on the child and family.

How do I start the process of getting compensation for my infant’s brachial plexus injury?

To start the process of seeking compensation for your infant’s brachial plexus injury, contact a specialized birth injury attorney who can review your case and help gather medical records and evidence of negligence. They will guide you through filing a claim and pursuing the compensation your family deserves by negotiating a settlement or taking the case to trial. 

How long does it take to get compensation in a brachial plexus malpractice claim?

The amount of time it takes to receive compensation in a brachial plexus malpractice claim varies, but it typically takes several months to a few years depending on the complexity of the case and whether it settles or goes to trial. Factors like medical evaluations, expert testimony, and negotiations between parties can all affect the duration.

Can I still file a lawsuit if my child’s brachial plexus injury wasn’t noticed immediately?

Yes. Many states (including Illinois) allow lawsuits to be filed within a certain time after the injury is discovered, which is known as the discovery rule. This is especially important because the effects of brachial plexus injuries aren’t always apparent immediately after birth.

What if my child is recovering or partially-recovering from brachial plexus injuries?

Yes. Even partial or temporary injuries may be compensable if medical negligence contributed to the condition. Long-term impacts can include therapy costs, limited function, and emotional distress.

Is my healthcare provider liable for my child’s brachial plexus injuries?

Liability for brachial plexus injuries typically falls on healthcare providers—such as doctors, nurses, or hospitals—when their negligence or improper handling during delivery causes nerve damage. Proving liability often requires demonstrating that the standard of care was breached, leading to the injury.

Can a brachial plexus injury result in my child being disabled? 

Yes, a brachial plexus injury can result in a disability when it causes lasting limitations in movement, strength, or function of the affected arm. If the condition significantly impacts a person’s ability to perform daily activities or work, it may qualify as a disability under laws like the Americans with Disabilities Act (ADA) or for certain government benefits.

Looking for a Brachial Plexus Injury Lawyer in Chicago, Illinois?

Do you think you have a lawsuit claim based on a brachial plexus birth injury during labor and delivery?

Did it occur in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today.