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A clavicle fracture is a break in the collarbone that may happen at birth. It happens because of a traumatic birth or if a woman has a tough delivery. Other risk factors may be at play including a high birth weight, using tools to help with delivery, a newborn’s shoulder becoming stuck during delivery, or a narrow birth canal.
Symptoms of a Clavicle Fracture
If a clavicle fracture has occurred, then a newborn may be fussy or cry, or they may show that they are in pain when you lift them up from under their arms. The baby also may not move one arm as much as the other, and one shoulder could look slightly lower than the other. When the bone heals after a few weeks, a lump could show up at the sight where the fracture occurred – a parent would feel it when they touched their baby in that spot.
If a baby was injured on the nerve and experienced a brachial plexus injury, then the baby might not be able to move their arm at all. One out of every 11 newborns who get a clavicle injury at birth will also have a brachial plexus injury.
Treating a Clavicle Fracture
To determine whether or not a child has a clavicle fracture, a doctor will perform an ultrasound or X-ray. Most of the time, clavicle fractures will heal on their own, and there won’t be any major complications that arise. A doctor might tell the baby’s parents to pin their baby’s sleeve of their injured arm to the front of their shirt so that their baby won’t move the arm while it’s still healing.
In the rare event that a baby has a serious clavicle fracture, then the baby may need to undergo surgery. If a misdiagnosis happens, a baby could suffer from a serious injury for the rest of their life.
How Do I Know if a Clavicle Fracture Was Caused By Medical Malpractice?
It’s difficult for parents to determine whether or not the doctor or other medical professionals who delivered their baby did something wrong. Parents are not experts and this could be their first child. They may have not been sure about what to expect during birth or how to advocate for themselves in the delivery room.
Instead of going back and forth with the doctor or hospital, parents need to contact an experienced birth injury malpractice lawyer who has represented other cases involving clavicle fractures in newborns. Then, they can figure out if there was negligence or a mistake that led to the clavicle fracture.
How Much Will I Receive From a Clavicle Fracture Birth Injury Settlement?
When a doctor or other healthcare professional caused a clavicle injury, they need to compensate you for their negligence. You may have to pay hundreds or even thousands of dollars in medical bills to treat the clavicle fracture, which isn’t fair. They should have to pay.
If you file a medical malpractice lawsuit with an experienced birth injury lawyer, then you could recover damages from the clavicle fracture. These damages could include:
- Medical bills
- Loss of companionship and enjoyment of life
- Pain and suffering
- Future medical care
- Loss of earning capacity
It all depends on the specific details regarding your case. Your lawyer will let you know what kind of damages you’ll be suing for when you file.
Settlement Offers in a Clavicle Fracture Case
In a medical malpractice case, the hospital, doctor, medical professionals, or insurance company involved may provide you a settlement offer to avoid going to trial, which is very expensive and time-consuming. You, the plaintiff, could accept the offer or ask your birth injury lawyer to renegotiate a higher settlement for you.
If you decline the offer, you could take the case to trial. As the trial gets closer, and the defendant sees how strong your case is, they may provide a higher settlement offer. That way, they’ll avoid a trial and possibly having to pay out a much higher settlement that the jury awards you.
If you aren’t sure whether to accept an offer, renegotiate, or go to trial, your lawyer will let you know from past experience which option is the best.
Why Work With a Birth Injury Lawyer?
Right now, you’re likely feeling tired and stressed out after giving birth. You’re just too busy to get involved in a complicated lawsuit or go to court.
However, if your newborn suffered from a clavicle fracture at birth, then you may have a legitimate medical malpractice case on your hands. If that’s the case, then your birth injury lawyer will handle everything for you. All you have to do is provide the details about what happened and be available for some conversations when issues arise.
Your lawyer will interact with your doctor, hospital, billing department, and insurance company so that you can focus on parenting, which is what matters most right now. They will be a strong advocate and fight on your behalf so that you receive the compensation you deserve.
Clavicle Fracture Birth Injury Attorneys
If your child suffered from a clavicle fracture, your doctor, medical professional, or hospital may be responsible. The only way to find out is if you contact a birth injury lawyer who can advise you on what to do.
That’s why you should get in touch with Gilman & Bedigian now. We’ll work hard on your behalf to get you the compensation that’s rightfully yours.
Contact Gilman & Bedigian 24/7 for a free consultation at (800) 529-6162.