5 Facts About Brachial Plexus Birth Injuries
Learning that one’s baby has been the victim of a Brachial Plexus birth injury is emotionally devastating, not to mention the profound effect it has on families physically and financially. Learning why the birth injury occurred, who is liable for the injury, and what can be done to most effectively help the child going forward are generally among the priorities parents and families focus on. Seeking experienced legal help is also often a priority in provable cases of Brachial Plexus palsy birth injuries. Here are five facts about Brachial Plexus birth injuries:
1. There are different types of Brachial Plexus birth injuries.
The Brachial Plexus is a group of nerves that affect movement and feeling of the shoulder, arm, elbow, wrist, and hand. Erb’s palsy, Klumpke’s palsy, and total plexus palsy are all forms of Brachial Plexus birth injuries that may be caused by medical malpractice negligence.
The different types of Brachial Plexus nerve injuries are:
Neoropraxia (stretch injury)
Neuroma (involves scar tissue on a nerve, hindering function)
Rupture (torn nerve)
Avulsion (torn or cut nerve from spinal cord; may be full or partial)
2. Brachial Plexus birth injuries are declining.
Research shows that less than 1 in 1000 births now result in a Brachial Plexus birth injury.1
3. There are a number of potential risk factors for Brachial Plexus birth injuries.
Among them are breech births, high-weight babies, and difficult or prolonged labor.
4. A detailed summary of birth events is important for birth injury cases.
Writing a detailed summary of the events that led up to a baby’s birth injury is both critical and necessary with regard to developing a potential legal case and proving liability for medical malpractice negligence. Having more than one family member or witness provide a written statement of his or her perspective on what occurred can be helpful. Details are used to assess liability, which may involve more than one doctor, specialist, midwife, hospital, or other medical entity. They are also utilized in securing fair compensation, which should include covering the cost of the child’s developmental needs. Liability is assessed by confirming the event or events that caused a baby’s birth injury and which individuals and/or entities were provably involved.
5. Contacting an expert lawyer or legal team should be done as soon as possible.
An experienced Brachial Plexus birth injury lawyer or legal team should be contacted as early as possible with regard to a baby’s provable birth injury. Not only does Florida law require pre-suit investigations before filing birth injury lawsuits, but also the more time available for legal professionals to develop a provable case, the better. This allows more opportunity to build a case that maximizes both justice and compensation.
If your baby has sustained a Brachial Plexus birth injury, contacting an experienced lawyer for an initial consultation is an important step. It is helpful to research information about lawyers who specialize in birth injury cases, or if possible, who specialize in the particular type of birth injury lawsuit case you may be dealing with.
Richard “Bo” Sharp, Esquire and Mallard & Sharp, P.A.’s continual goal is to obtain justice for families whose infant or infant’s mother has been the victim of a medical malpractice negligence birth injury. Mallard & Sharp, P.A. is dedicated to providing every client with the path to justice and financial recovery. The firm handles cases that involve infant or maternal birth injuries, medical malpractice, and negligent security, as well as any other provable acts of negligence that have caused catastrophic injuries or wrongful death to individuals.
For additional information, or to inquire about expert legal representation for a potential medical malpractice case contact Mallard & Sharp, P.A. at 305-461-4800.
1 Pulos N, Shaughnessy WJ, Spinner RJ, Shin AY. Brachial Plexus Birth Injuries: A Critical Analysis Review. JBJS Rev. 2021 Jun 8;9(6). doi: 10.2106/JBJS.RVW.20.00004. PMID: 34102666.