The brachial plexus is a delicate network of nerves. Its nexus lies between the neck and shoulder, spreading out from the spinal cord to control movement of the hands, wrists, elbows and shoulders. It contains both motor and sensory nerves. The motor nerves emanating from the brachial plexus allow the brain to send messages to and from various parts of the body to signal pain, pressure and temperature.
Types of brachial plexus injury
The fragility of the brachial plexus leaves it susceptible to accidental damage. Pressure, stretching and cutting can all cause damage. Severe stretching can cause the nerves to avulse – or tear out of – their roots in the neck.
Brachial plexus injuries can occur as a result of inflammation, tumors or trauma such as traffic accidents. The severity of an injury is judged by the level of damage done to the nerves. These are broadly divided into two categories:
- Avulsion occurs when the nerve root is severed or cut completely from the spinal cord. Partial avulsion can occur when the nerve is damaged, but may still recover function over time.
- Neuropraxia occurs when the nerves stretch, and is the mildest type of brachial plexus injury. Neuropraxia damages the protective covering of the nerve, interfering with the transmission of signals without damaging the nerve itself.
Symptoms may include a limp or paralyzed arm; lack of sensation in the hand or arm; loss of muscle control in the arm, wrist or hand.
Causes of cerebral palsy, Erb’s palsy and brachial plexus injury
In infants, brachial plexus injuries can occur if the baby’s shoulder is stretched during delivery. Some children will recover within a few months, while others will suffer lifelong health complications. Physical therapy, and in some cases surgery, may be required.
In cases where complete avulsion has occurred, there is no potential for recovery unless surgical reconnection is made swiftly. Most infants who suffer neuropraxia will recover between 90 and 100 percent of their function.
Brachial plexus injuries may occur as a result of medical negligence, which may be a contributing factor in cases of cerebral palsy, Erb’s palsy and other motor conditions. In some situations, injury is caused by a departure from standard treatment protocols. In others, injury is caused by a communication breakdown between medical staff.
One of the primary causes of cerebral palsy is a lack of sufficient oxygen to the baby during gestation. If health care providers fail to monitor vital signs during pregnancy and just prior to delivery, hypoxic injuries may lead to cerebral palsy. Erb’s palsy is a result of brachial plexus injuries that occur during birth. It is often attributed to medical malpractice.
Compensation for a brachial plexus injury
As you would expect, permanent injury arising from medical malpractice at birth can result in significant compensation. According to the Data Sharing Project, a database of medical malpractice claims first compiled in 1985 by the Physician Insurers Association of America, nearly 60% of brachial plexus injury lawsuits resulted in payouts worth an average of $301,000.
In some situations, the causes of cerebral palsy, Erb’s palsy and brachial plexus injuries are not related to medical negligence. In other cases, failures on the part of a doctor or nurse may have played a substantial role in contributing to the condition. In these instances, parents have legal grounds to demand compensation for their child, including damages intended to offset future medical expenses associated with the conditions.
If you have a child who has suffered harm as a result of medical malpractice, you may be entitled to compensation. The birth injury attorneys at Balkin & Eisbrouch can help families understand their legal options for filing claims involving medical negligence. Please contact our law offices today to schedule your free case evaluation.
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