Birth Injury
Birth injury is a specific type of medical malpractice caused by a doctor or hospital’s failure to adhere to acceptable practice during pregnancy, labor or delivery. Improper treatment, monitoring, or technique by medical professionals can cause serious and permanent damage to the baby.
During pregnancy if the doctor does not treat conditions such as hypertension, diabetes, toxemia or thyroid problems as well as specific types of infections, the unborn fetus could develop cerebral palsy. Cerebral palsy is a movement disorder that results from brain damage. Prescription drugs taken during pregnancy have been known to result in fetal brain damage or birth defects. In the case of prescription drugs, the pharmaceutical company or pharmacist may be liable, along with the physician.
Other birth injuries occur because of improper medical monitoring or technique during labor or delivery. Inaccurate evaluation of the baby may cause the doctor to delay or to fail to perform a needed cesarean, causing the baby to suffer lack of oxygen and permanent brain damage. Medical devices such as vacuums or forceps when not skillfully used can harm the baby by depriving oxygen or severely injuring the head or spinal cord.
Brachial Plexus
A network of nerves, called the brachial plexus, runs from the spine and neck into the arm, controlling movement of the neck, arm and hands. When a baby’s shoulders are too large for the birth canal, they may become trapped behind the pubic bone during delivery. This condition is called shoulder dystocia. If the brachial plexus nerves are improperly stretched or torn during delivery, then brachial plexus injury or palsy may result. Common symptoms of brachial plexus injury include lack of muscle control or sensation in the arm, wrist or hand, as well as a limp or paralyzed arm.
While some brachial plexus injuries heal on their own by the time the baby is 3 to 4 months old, other injuries are permanent and require extensive treatment including physical therapy or surgery.
Doctors should carefully monitor mothers who:
- Have gestational diabetes
- Have gained excessive weight during pregnancy
- Are obese
- Have small pelvises
- Are post-term in their pregnancy
Under the above conditions, the baby may be too large for natural delivery. In many cases performing a cesarean section avoids brachial plexus injury. Out of 1,000 births, an estimated three result in brachial plexus injury due to shoulder dystocia. If an obstetrician neglected indications that a cesarean or other delivery method was needed, there may be grounds for medical malpractice. Through a medical malpractice case, you may be able to receive compensation to defray medical costs, future expenses and provide the quality of care your child needs.
Arrange a Free Consultation
Our malpractice lawyers at the Law Offices of Carl A. McMahan have successfully litigated numerous birth injury cases and have achieved the largest verdict, arbitration, and settlement awards for brachial plexus paralysis in the State of California. Please see Settlements and Verdicts page for further information.
Our lawyers offer a free consultation to evaluate the circumstances surrounding the birth injury to assess the prospects of pursuing medical malpractice as a legal option. Also, if there is no recovery, there is no fee. Find out how we can help. Call today.
