Indianapolis Brachial Plexus Injury Lawyer

From decorating your baby’s nursery to imagining what their life will look like as they grow, a child’s birth is a time of celebration. Unfortunately, that celebration can get cut short when substandard medical care causes a life-altering birth injury and changes the course of your child’s life forever.

The Law Office of Kelley J. Johnson’s brachial plexus palsy attorney understands the emotional and financial devastation that a birth injury can cause families. Attorney Kelley J. Johnson approaches all brachial plexus palsy malpractice cases with determination and compassion, helping families understand their legal rights and pursue justice and compensation for their child.

Contact The Law Office of Kelley J. Johnson today for a free consultation to discuss making a legal claim for your injured child.

How Our Experienced Indianapolis Brachial Plexus Injury Lawyer Can Help You

Attorney Kelley Johnson is singularly focused on brachial plexus palsy malpractice and other birth injury cases. With over 20 years of experience, our Indianapolis birth injury lawyer possesses a unique blend of legal knowledge, resources, and compassion to help families navigate one of the most challenging times in their lives by:

• Completing an exhaustive investigation into the circumstances of the injury
• Collecting and preserving evidence and providing early legal intervention before evidence can be lost or destroyed
• Arranging for expert medical testimony
• Building a compelling claim
• Negotiating for maximum compensation
• Preparing a case for court when necessary
• Offering a source of legal and emotional support for families in need

Between proven results and extensive trial experience, our Indianapolis birth injury attorney has helped numerous families pursue justice and compensation. She also understands the Indiana Patient’s Compensation Fund (PCF) and the complicated steps involved in accessing it.

Former clients point to her supportive and informative style, saying, “I highly recommend Kelly and her entire team. Kelly is very professional and easy to work with. She will fight for her client’s best interest to win the case. Her medical knowledge is astounding. She goes above and beyond, looking at every detail, to do what is best for her clients. Kelly is, by far, the most competent and thorough medical malpractice attorney around.” – Jason S.

Understanding Brachial Plexus Injuries

Studies indicate that brachial plexus injuries occur in as many as three in every 1,000 live births in the United States. These birth injuries occur when the group of brachial plexus nerves that send signals from the spinal cord to the shoulder and arm gets stretched, squeezed, or torn during birth trauma.

There are three types of brachial plexus injuries:

• Stretch – An injury where the nerves are stretched but not torn, one of the most common forms of brachial plexus injuries. Nerves may heal on their own, typically within the first three months after birth.
• Rupture – A ruptured nerve is torn where it attaches to the spine, requiring surgical intervention to repair.
• Avulsion – These are the most significant brachial plexus injuries, where the nerve roots are torn from the spinal cord.

The signs of brachial plexus injuries in infants can include:

• Muscle weakness in the affected arm or hand
• Decreased movement of sensation
• Paralysis
• Horner’s syndrome (dropping eyelid on the affected side)

Parents should seek help if they notice unusual movement, lack of movement, or abnormal positioning of an infant’s arm or hand. Depending on how the nerves are affected, an infant may not show apparent signs of pain.

Medical Negligence and Brachial Plexus Injuries

Medical negligence or medical care below the accepted standard of care can lead to serious birth injuries. While large gestational size and breech birth position are common causes of brachial plexus injuries, physicians can reduce the risk of these injuries through careful monitoring and by taking proactive steps to manage the health of the mother and child.

Medical mistakes that can lead to complications and brachial plexus injuries can include:

• Failing to monitor fetal position
• Failing to take appropriate action during prolonged labor
• Delayed cesarean section
• Improper use of forceps or vacuum extractors during delivery
• Improper use of force or excessive force during the birth process
• Improper assessment of known risk factors, such as maternal diabetes or large gestational size of the infant
• Failing to properly address issues of the large gestational size of the infant

If you believe that a preventable medical error, like one of the reasons identified above, caused your child to sustain brachial plexus injuries, contact an experienced birth injury lawyer for legal assistance. Our legal team has successfully handled many complex birth injury claims and can help you seek compensation for the harm your child suffered.

Legal Considerations in Brachial Plexus Injury Cases

Medical malpractice cases hinge on proving that a medical professional provided substandard care, or care below the applicable medical standard. Evidence in the form of medical records and expert testimony is essential to demonstrate how negligent healthcare providers failed to deliver the appropriate standard of care, therefore directly injuring your child and causing measurable harm.

Potential compensation for medical malpractice cases depends on the severity of the injury and other case-specific factors.

Typically, families can pursue compensation for the following:

• Medical expenses, including physical therapy, rehabilitation, and future medical costs
• Lost wages
• Lost earning capacity
• Reduced quality of life
• Pain and suffering

Indiana gives victims two years from the date of injury to file a medical malpractice lawsuit. A brachial plexus palsy attorney can also review your situation and explain how the date of injury discovery and whether the injured person is a minor may influence that deadline.

Your Legal Rights After a Brachial Plexus Injury

The best way to protect your family if you suspect your child has suffered a brachial plexus injury due to medical errors is to talk to an experienced Indianapolis brachial plexus birth injury lawyer. A knowledgeable lawyer understands the necessary steps to take to preserve evidence, pursue maximum compensation, and ensure your child has the medical support they need.

One Indiana law that may present a roadblock to families without legal representation is the medical review panel process. Indiana law requires brachial plexus malpractice claims to go through a medical review panel before the birth injury lawsuit can be filed. The panel consists of three healthcare professionals who will review available evidence and determine whether the healthcare provider is likely to have violated the applicable standard of care.

When you get an Indianapolis birth injury attorney on your case right away, they can gather vital evidence before it is lost or destroyed and expedite the medical review panel process to help avoid delays and ensure timely filing of a lawsuit.

Contact an Experienced Birth Injury Attorney

The brachial plexus palsy attorney at the Law Office of Kelley J. Johnson helps families devastated by careless medical professionals seek justice and resolution for substandard care. If you suspect medical malpractice resulted in your infant’s brachial plexus injury, contact our law firm today to arrange a free consultation to discuss the specifics of your case.