Brachial Plexus Injury Claims
Understand Your Rights & Compensation
We understand the distress and uncertainty you may be experiencing, and we are here to offer clear, straightforward advice and support to help you understand your rights and explore the possibility of a brachial plexus injury claim.
A brachial plexus injury affects the network of nerves that extends from the spinal cord to the shoulder, arm, and hand.
This intricate plexus is composed of five nerve groups, each responsible for controlling movement and sensation in a distinct area of the upper body. When these nerves are damaged, it can lead to a range of debilitating conditions, including Erb’s palsy and Klumpke’s palsy, depending on which part of the plexus sustains the injury. Understanding the nature of the injury (s) is the first step toward seeking appropriate medical care and exploring potential compensation claims.
Brachial Plexus Injury Compensation
Compensation for brachial plexus injuries can be sought for several factors, including pain and suffering, loss of earnings, medical treatments, and necessary aids and equipment. Claiming compensation ensures your access to essential medical attention and rehabilitation.
Common uses for brachial plexus compensation include funding surgery or covering ongoing medical costs. It can also help cover the costs of physiotherapy treatments, addressing both current and future loss of earnings, and provide compensation for long-term pain and suffering.
Compensation can alleviate travel expenses for appointments, facilitate home adaptations or changes to accommodate your injury, and cover the costs of ongoing medication.
Time Limits for Making a Brachial Plexus Claim
You must commence your claim within three years from the date when the incident occurred or when you first realised you had suffered an injury. There are special rules for calculating when the three-year time period runs in the case of children and people experiencing mental capacity problems.
Types of Brachial Plexus Injuries
The severity of the brachial plexus injury can vary significantly, affecting treatment and the potential for recovery. It's helpful to understand some of the specific types and broad categories of these injuries:
- Neurapraxia, the mildest form, consists of stretching of the nerve without tearing, typically resulting in full recovery.
- A neuroma involves scar tissue forming around the injured nerve, restricting nerve signals.
- A rupture occurs when the nerve tears but not at the spinal cord, and surgical repair might be possible.
- An avulsion is the most severe, involving the complete tearing of a nerve root from the spinal cord, often resulting in permanent disability.
Symptoms of a Brachial Plexus Injury
The symptoms of a brachial plexus injury can vary significantly depending on the location and severity of the injury.
Typically, individuals experience numbness or weakness in the affected arm or hand, accompanied by a loss of sensation or reduced movement. Ongoing pain is a frequent complaint, and its intensity can vary.
Muscle weakness, loss of sensation, and even paralysis in the shoulders, arms, and hands can also occur. The symptoms often impact quality of life, making it essential to seek prompt medical attention and explore options for a claim.
Brachial plexus injuries are most frequently observed when complications arise during childbirth, specifically when there is difficulty delivering the baby.
The baby’s shoulder may become lodged behind the mother’s pubic bone, leading to a condition known as shoulder dystocia.
However, brachial plexus injuries are not exclusive to childbirth; they can also stem from other traumatic events such as road traffic accidents, accidents at work, falls from height, and wound injuries.
During efforts to expedite delivery and prevent potential brain damage or death, a brachial plexus injury during childbirth may occur.
Obstetricians sometimes defend their actions in brachial plexus negligence cases by citing the emergency and the limited time for decision-making. It is crucial to acknowledge that these injuries, while sometimes unavoidable, are not entirely unexpected, and due consideration should be given when employing procedures to manage difficult deliveries.
Erb’s palsy, often associated with shoulder dystocia or brachial plexus palsy, is an injury to the upper brachial plexus. This condition leads to shoulder numbness, restricted motion, and challenges in flexing the elbow or lifting the arm, impacting the individual’s quality of life.
Conversely, Klumpke’s palsy, a rarer lower brachial plexus injury, results in diminished motion and sensation in the wrist and hand, affecting finger movement.
Differentiating between the two is crucial for determining the appropriate compensation.
Making a Brachial Plexus Injury Claim
If you suspect that you or a loved one has sustained a brachial plexus injury due to, we advise you to take immediate action.
The first crucial step is to seek legal advice from specialist personal injury lawyers who are experienced in handling brachial plexus and negligence claims.
You should document all medical treatments, therapies, and related expenses, as this information will heavily support your claim. Likewise, collecting witness statements and any relevant information about the circumstances surrounding the injury is good practice.
How We Can Help: Experience and Expertise in Injury Claims
Our team of medical negligence lawyers has extensive experience in seeking compensation for clients affected by negligence that has caused or contributed to a brachial plexus injury. We understand the complexity and sensitivity of these cases and are committed to providing clear, straightforward legal advice along with unwavering support.
We offer a range of legal services across various areas of law, consistently prioritising exceptional client care.
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