When is a Brachial Plexus Injury Considered Medical Malpractice?

If your child has suffered a brachial plexus injury during birth due to the negligence of a healthcare practitioner, the Orlando brachial plexus birth injury malpractice attorneys at Paul Trial Group can help you seek justice and secure compensation for the pain, suffering, and losses you and your child have endured.  Call us at 407-622-2111.

The brachial plexus is a crucial network of nerves located in the shoulder, responsible for transmitting sensory and muscle signals to the arms and hands. Unfortunately, during childbirth, this network can be damaged due to stretching or tearing. This often results in limited sensation and difficulty in moving the muscles in the newborn’s upper or lower arm, and in some cases, both. Depending on the severity of the damage, the hand may also be affected, leading to significant long-term impacts on the child’s quality of life.  If you have immediate questions, call us now at 407-622-2111.

This injury occurs in about 3 out of every 1,000 births. One common cause is shoulder dystocia, a condition where the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery. When this occurs, it can put undue stress on the brachial plexus nerves, leading to injury.

It’s often discovered that brachial plexus birth injuries result from the negligence of healthcare practitioners who fail to diagnose shoulder dystocia in time and take necessary precautions. In many cases, the injury could have been avoided if proper medical care had been provided. A brachial plexus attorney can help you understand if you have a case.

When shoulder dystocia is promptly diagnosed and addressed during delivery, the likelihood of injury decreases. However, if the birth is mishandled, both the baby and the mother may suffer serious consequences.

Problems for the Baby

The severity of the damage to the brachial plexus determines the type of complications a baby may face. In some cases, the injury might be minor and resolve on its own within a few days. In more severe cases, the damage may result in life-long complications, such as:

• Weakness in the arm
• Loss of muscle control
• Partial or total loss of sensation
• Paralysis of the arm, wrist, and hand

Problems for the Mother

Mothers are also at risk of injury during a delivery that results in brachial plexus damage to the baby. Difficult births often require the use of forceps or a vacuum extractor, which can lead to complications for the mother, including:

• Tears and lacerations to the vagina
• Excessive postpartum bleeding
• Difficulty with urination or defecation
• Injury to the bladder or urethra
• Pain in the perineum
• Uterine rupture
• Psychological distress

While some of these injuries may heal quickly, others may persist or result in long-term complications.

Several risk factors can increase the chances of a baby suffering from a brachial plexus injury. It is the responsibility of healthcare providers to recognize these factors and take appropriate actions to prevent injury. Some common risk factors include:

• Breech birth
• Large baby size
• Maternal obesity
• Overdue pregnancy
• Prolonged or difficult labor
• Multiple births, such as twins or triplets
• Prior brachial plexus injury in a previous birth
• Use of forceps or vacuum extractors during delivery

In cases where risk factors are present, healthcare professionals should inform the parents about potential complications and prepare for a difficult delivery. In some cases, a cesarean section may be recommended to avoid the risks associated with a vaginal birth.

Time is critical in such situations. If a baby’s shoulder becomes lodged during delivery and gentle maneuvers do not work, the child’s life may be in danger. A delay can result in insufficient blood supply due to pressure on the umbilical cord, making swift action essential to prevent further complications.

The treatment for a brachial plexus injury largely depends on the extent of the nerve damage. Treatment options may include:

• Physical therapy
• Occupational therapy
• Surgical nerve grafts or transfers
• Surgical muscle transfers
• Surgical tendon transfers
• Osteotomy (bone surgery on the shoulder)
• Open reduction of the shoulder (capsulorraphy)

While some brachial plexus injuries resolve on their own in a matter of days, others may result in permanent damage. In these cases, paralysis and sensory loss in the arm may be irreversible, severely limiting the child’s mobility and quality of life.

A brachial plexus injury is often considered medical malpractice when the healthcare provider fails to deliver the accepted standard of care during childbirth. In such cases, the healthcare provider may be held liable for medical negligence. Examples of medical negligence in these cases include:

• Failing to diagnose and manage risk factors
• Failing to identify a large baby
• Failing to diagnose shoulder dystocia
• Not taking appropriate actions during labor and delivery
• Failing to perform a timely cesarean section

Not every instance of brachial plexus injury due to shoulder dystocia qualifies as medical malpractice. A consultation with an Orlando brachial plexus birth injury malpractice attorney is necessary to determine the specifics of your case and assess whether a viable medical malpractice claim exists.

To establish a valid claim, the following elements of medical malpractice must be proven:

1. Duty: The healthcare provider had a duty to provide the accepted standard of care.
2. Breach: The provider breached that duty.
3. Cause: The breach directly caused harm to the child.
4. Damages: The child suffered damages due to the breach of care.

Have more questions? Contact us at 407-622-2111.

If your baby has been injured due to medical negligence, you may be entitled to compensation under Florida law. Potential recoverable damages include:

• Medical and surgical expenses (past, present, and future)
• Costs of rehabilitation (physical and occupational therapy)
• Physical pain and suffering
• Emotional distress
• Lost wages due to time taken off work to care for the child
• Additional damages allowed under Florida law

At Paul Trial Group, our experienced Orlando brachial plexus birth injury malpractice attorneys are dedicated to helping families who have been affected by medical negligence. With a proven track record of securing multi-million-dollar settlements and verdicts, we have the expertise to handle even the most complex birth injury cases.

If you believe your child’s brachial plexus injury was caused by medical negligence, contact us for a free consultation. We will review your case, advise you on the best course of action, and fight to secure the compensation you and your child deserve.  Contact us now at 407-622-2111.

Sources:

• Boston Children’s Hospital. (2005 – 2021). Brachial Plexus birth injury.
  https://www.childrenshospital.org/conditions-and-treatments/conditions/b/brachial-plexus-injury
• Kids Health from Nemours. (2018, June). Newborn Brachial Plexus injuries
  https://kidshealth.org/en/parents/brachial-plexus.html
• Mount Sinai. Brachial Plexus injuries in newborns https://www.mountsinai.org/health-library/diseases-conditions/brachial-plexus-injury-in-newborns