Boston Children’s Hospital explains that the brachial plexus is a complex network of nerves between the neck and shoulders that control the muscle functions in the chest, shoulders, arms, and hands. The nerves are also responsible for sensation in the upper arms.
Tampa Brachial Plexus Injuries LawyerIn one to three of every 1,000 births, the brachial plexus nerves are stretched, compressed, or torn during the birth process. This results in the loss of muscle function or even paralysis in the upper arm. In a small number of cases, the infant will experience significant pain due to the injury.
Most brachial plexus injuries heal within a few months with medical monitoring and physical therapy exercises to maximize the use of the affected arm and prevent involuntary tightening of the muscles and joints in the area.
However, if these interventions do not work, surgery can be performed, including nerve transfer or nerve grafting procedures and surgeries to cut and reorient the bones to improve function, reposition tendons and muscles, or tighten the tissues around the shoulder joint. Many children suffer permanent weakness on the affected side.
The value of a brachial plexus injury claim depends on several factors, including:
The severity of the injury. Brachial plexus injuries resulting from surgery are typically valued much higher than those treated through physical therapy and monitoring due to the understandable increase in medical expenses and impacts.
The presence of permanent damage that will likely impact the child through the course of their life
The amount of medical malpractice insurance held by the at-fault provider
Medical malpractice insurance is a type of professional liability insurance that healthcare facilities and providers obtain to compensate those injured by a medical error. Florida law states that as a condition of licensing or maintaining an active license to practice medicine, providers must have a medical malpractice policy that provides at least $100,000 per claim and $300,000 worth of coverage per year.
Because OB/GYNS face several situations in the common course of their practice that can injure patients, OBs in Florida may obtain malpractice policies up to $1 million per claim.