The posterior cord is one of the main bundles of nerves running through the “brachial plexus.” This bundle of nerves found in the neck and shoulder is responsible for sending signals down through the arm and hand, and damage to this cord of nerves can cause palsy, paralysis, pain, and other complications.
Injuries to the posterior cord can often occur during complications with childbirth, and our childbirth injury attorneys may be able to help you and your family get compensation for such an injury if your child suffered a posterior cord injury during their birth. For a free legal consultation on your case and help learning more about how to file a claim for these types of injuries, call The Queenan Law Firm’s Houston, TX posterior cord injury lawyers today at (817) 476-1797.
Childbirth Injuries from Posterior Cord and Brachial Plexus Injuries
The brachial plexus is a bundle of nerves that reach down from the neck into the shoulder. The three main nerve groupings – the lateral cord, medial cord, and posterior cord – split off into various nerves that control parts of your arm and chest. With damage to any one of these cords – let alone all three – you could face complex nerve injuries that make it difficult to perform fine motor skills or cause you to have your arm bent in an odd position.
Babies can face these kinds of injuries during birth. Brachial plexus injuries are common if the child’s neck is stretched or cramped at an awkward angle in the womb or the birth canal. Prolonged labor or becoming stuck in the birth canal are two of the main reasons this can happen, but other birth injuries can also cause damage to the posterior cord and the brachial plexus.
If your baby does suffer damage to the brachial plexus or the posterior cord, they could face Bell’s palsy (a.k.a., brachial plexus palsy). This is a palsy that affects the arm and makes it difficult to control your hand and fingers. This palsy is not usually permanent, but it may require physical therapy and occupational therapy for as long as the nerve injuries last.
In many cases, these injuries are avoidable, and they are only caused by a doctor’s negligent care or lacking skill in the delivery room.
Suing a Doctor for Neck and Shoulder Nerve Injuries During Childbirth
If your doctor was responsible for the injuries your baby suffered to the posterior cord or the brachial plexus, you might be entitled to file a lawsuit against your doctor. The doctor’s care and skill are legally required to be reasonable based on the circumstances of the delivery, and if they fail to meet this standard of care, they could be considered negligent. When a doctor is negligent, the patient and their family are usually entitled to any damages resulting from that negligence.
To prove your doctor was negligent, you usually must provide a medical expert who can testify about how the injuries occurred and what your doctor should have done differently. In many cases, the defendant doctor will argue that they did everything that they could have and that the injury was caused by unavoidable complications. Your medical expert will help you prove the opposite: that your doctor should have done something different to avoid the injury.
In many cases, early C-sections can help avoid injuries to the brachial plexus, and it may be prudent for your doctor to order a C-section instead of attempting a natural birth. In other cases, forceps may be used to help pull the baby from the birth canal, but if the doctor uses these unnecessarily or causes injuries by mishandling the forceps, additional injuries could occur. Talk to a lawyer for help understanding what went wrong in your case and whether the doctor can be held accountable.
Damages for Posterior Cord Birth Injuries in Texas
When you sue for medical malpractice that caused a birth injury, such as injury to the posterior cord, you can usually sue for any damages stemming from the doctor’s negligence. In the case of a baby suffering birth injuries, damages will often involve additional medical care, physical therapy, occupational therapy, and other care to help the child recover from the injuries and move forward with their life. These medical services can be quite expensive, and this compensation should first and foremost cover these costs.
Second, your baby may suffer significant pain and discomfort from the injury. As they grow up, if they face permanent effects from the posterior cord injury, they could also face social and emotional distress from the injury or their appearance. This can justify potentially substantial pain and suffering damages for your baby.
Lastly, if the injury is permanent or results in a permanent disability, your child may have difficulty working as an adult. The impact that this injury has on future earning capacity can usually be calculated and projected, and you can claim these damages as well. Moreover, any other future medical bills or future pain and suffering can also be projected and included in the damages you can claim.
Call Our Houston Injury Lawyer for a Free Consultation on Posterior Cord Childbirth Injuries
If your baby suffered injuries tot heir neck and shoulder during their birth, they may have suffered damage to the brachial plexus and the posterior cord. If they did, they could face nerve damage and require additional care, facing pain and suffering from the injury throughout their recovery. For a free legal consultation and more information about suing the negligent physician for these injuries, call the Houston posterior cord injury lawyers at The Queenan Law Firm today. Our phone number is (817) 476-1797.