Zayed Law Offices is proud to serve Chicago and communities across Illinois with experienced personal injury representation, including cases involving brachial plexus injuries suffered during birth. The brachial plexus is a network of nerves running from the spinal cord through the neck and shoulder down into the arm. During a difficult delivery, excessive pulling or improper positioning can stretch or tear these nerves, causing an injury that ranges from temporary weakness to permanent paralysis of the affected arm.
Brachial plexus injuries, including Erb’s palsy and Klumpke’s palsy, are often preventable when medical staff properly manage complications such as shoulder dystocia during delivery. Zayed Law Offices works with experienced medical experts to determine whether negligence during labor and delivery caused your child’s injury.
Did your baby suffer a brachial plexus injury during a Chicago delivery? Contact Zayed Law Offices for the representation you deserve — no fee unless we win.
How Brachial Plexus Injuries Happen
Most brachial plexus injuries occur during a difficult vaginal delivery, particularly when a baby’s shoulder becomes lodged behind the mother’s pelvic bone, a complication known as shoulder dystocia. Common causes include:
- Excessive pulling or traction on the baby’s head or neck during delivery
- Failure to properly manage shoulder dystocia
- Improper use of forceps or vacuum extraction devices
- Failure to recognize risk factors for a difficult delivery, such as a large baby
- Failure to timely perform a cesarean section when complications arise
- Improper positioning of the baby during delivery
- Inadequate training in maneuvers used to safely resolve shoulder dystocia
Because shoulder dystocia can arise suddenly during delivery, hospital staff must be trained to recognize and respond to this complication using safe, established techniques. When these techniques are not properly applied, the risk of nerve damage increases significantly.
Types and Effects of Brachial Plexus Injuries
Brachial plexus injuries vary widely in severity, and the specific nerves affected determine the type and extent of resulting weakness or paralysis. Zayed Law Offices regularly assists families dealing with:
- Erb’s palsy, affecting the upper arm and shoulder
- Klumpke’s palsy, affecting the lower arm, wrist, and hand
- Complete brachial plexus palsy, affecting the entire arm
- Muscle weakness or paralysis in the affected arm
- Loss of sensation in the arm or hand
- Limited range of motion and joint contractures
- Delayed growth of the affected arm compared to the unaffected side
- Need for long-term physical therapy, occupational therapy, or surgical intervention
While some brachial plexus injuries improve with early physical therapy, more severe cases may require surgical nerve repair or grafting, and some children experience permanent limitations despite treatment.
Proving Brachial Plexus Malpractice Under Illinois Law
Illinois law requires a family alleging that medical negligence caused a brachial plexus injury to show that a healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury. This often requires demonstrating that a physician failed to recognize risk factors for shoulder dystocia, used excessive force during delivery, or failed to use recognized maneuvers to safely resolve the complication.
Illinois law also requires that a medical malpractice lawsuit be supported by an affidavit of merit from a qualified healthcare professional before the case can proceed. Zayed Law Offices works with experienced obstetric experts to closely review delivery records and determine whether your child’s injury resulted from preventable negligence.
Illinois’ Statute of Limitations for Brachial Plexus Claims
Illinois generally requires medical malpractice claims to be filed within two years of discovering the injury, but no later than four years from the date of the negligent act. Because brachial plexus injuries involve harm to a minor, Illinois law provides important exceptions that can extend the filing period well beyond these standard deadlines. Given how fact-specific these rules can be, it is important to consult an attorney to understand exactly how much time your family has to pursue a claim.
Illinois’ Modified Comparative Fault Rule
Illinois follows a modified comparative fault rule, meaning a family can recover compensation as long as the injured party is found less than 51 percent at fault for the harm suffered. In brachial plexus cases, hospital defense teams often argue that the injury resulted from natural forces of labor rather than excessive force applied by the delivering physician. Detailed review of delivery records and strong expert testimony are essential to addressing this common defense.
What to Do If You Suspect a Brachial Plexus Injury
If your child was diagnosed with a brachial plexus injury following delivery, taking the right steps can help protect your family’s legal rights.
- Request complete copies of labor and delivery records, including notes regarding shoulder dystocia
- Keep detailed records of your child’s diagnoses, therapy sessions, and developmental progress
- Consult with pediatric orthopedic or neurology specialists to understand your child’s prognosis
- Keep a written record of conversations with hospital staff regarding the delivery
- Avoid signing any statements provided by the hospital or its insurer before speaking with an attorney
The sooner Zayed Law Offices becomes involved, the sooner we can begin reviewing delivery records and consulting with qualified experts to evaluate your family’s claim.
Why Chicago Families Trust Zayed Law Offices
Zayed Law Offices is a nationally recognized personal injury firm known for handling sensitive, complex birth injury claims with both legal skill and genuine compassion. Led by attorney Adam Zayed, the firm has represented families throughout Cook County, including matters brought before the Cook County Circuit Court at the Richard J. Daley Center, and understands the long-term therapy and care a child may need after a brachial plexus injury.
These cases require detailed review of delivery room decision-making and strong expert testimony regarding the forces involved in the injury. Our team works to build the strongest possible case so families can focus on their child’s recovery while we pursue the compensation they deserve. Consultations are always free, and there is no fee unless we win your case.
Frequently Asked Questions About Chicago Brachial Plexus Claims
Is every brachial plexus injury during delivery considered malpractice? Not necessarily. Some injuries occur despite appropriate care. A claim generally requires showing that a provider deviated from the accepted standard of care, such as by using excessive force or failing to recognize risk factors, which is why expert medical review is essential.
Will my child recover from a brachial plexus injury? Many children improve with early physical therapy, but recovery depends on the severity of the nerve damage. More serious injuries may require surgical intervention and can result in permanent limitations.
Why does Illinois require an affidavit of merit for these claims? Illinois law requires a qualified healthcare professional to confirm a reasonable basis for the malpractice claim before a lawsuit can proceed, helping ensure claims are supported by credible medical review.
How long do I have to file a claim in Illinois? Because these claims involve an injury to a minor, Illinois law may extend the filing deadline well beyond the standard two- and four-year limits that apply to adult malpractice cases. An attorney can clarify the specific deadlines that apply.
What compensation might be available for a brachial plexus injury? Depending on the case, families may pursue compensation for medical expenses, ongoing therapy and surgical costs, lost future earning capacity, and pain and suffering.
What does it cost to hire Zayed Law Offices? Nothing upfront. Zayed Law Offices handles brachial plexus injury cases on a contingency fee basis, meaning there is no cost unless we recover compensation for your family.
Contact Zayed Law Offices Today
Families across Chicago have trusted Zayed Law Offices when they needed a powerful advocate after a preventable birth injury. Don’t wait — important filing deadlines could limit your family’s right to recover. Contact Zayed Law Offices today for your free consultation.
