The brachial plexus is a bundle of nerves that emanates from the cervical
spine. Injury to the brachial plexus can result in lifetime disability
and pain and suffering. When that injury results during birth it is known
as shoulder dystocia. The cause of a brachial plexus injury can often
be traced to a physician’s failure to recognize or respond to known
risks, such as:
- Macrosomia (large babies)
- Previous dystocia
- Maternal obesity
- Advanced maternal age
- The use of vacuum extraction or high forceps delivery
Often, medical malpractice claims arising out of a brachial plexus injury
hinge on the issue of informed consent. When a doctor fails to inform
a mother of the risk of shoulder dystocia and brachial plexus injury,
malpractice may have occurred. You will need to contact an experienced
birth injury attorney to weigh out your options and see if you have a case.
Brachial plexus injury cases, such as those involving a diagnosis of Erb’s
palsy, have become more difficult to win in recent years, but victims
should not give up without a fight. An experienced attorney can conduct
an in-depth investigation into the medical records pertaining to obstetrical
care during a mother’s labor and a baby’s delivery. This investigation
may reveal the point in the birthing process that medical negligence occurred.
If negligence is found, it is important to have an experienced attorney
on your side.
As is often the case, failure to monitor fetal condition and position can
often be pinpointed as the exact cause of a serious birth injury. At The
Lancione Law Firm, we believe our clients who suffer from the lifelong
effects of cerebral palsy or other birth injuries deserve answers. If
a birth injury was caused by medical negligence, we will fight for compensation
for you, your family, and your future.