Medical malpractice is challenging enough when an adult is injured. Still, when negligence on the part of a medical professional or facility leads to a birth injury, the implications are far more serious and far more difficult to come to terms with. If you believe that your newborn’s brachial plexus injury was caused by medical malpractice, we can help. Consult with an experienced birth injury attorney in Harrisburg, Pennsylvania, today.
Medical Malpractice Defined
Certain elements must be present for a birth injury, such as a brachial plexus injury, to be classified as medical malpractice. The primary component is that the medical professional or facility must have deviated from a standard practice that other reasonable medical professionals or facilities would have employed in a similar situation. In other words, if your attending physician did – or failed to do – something that other reasonable doctors would have done under the circumstances, it may qualify as medical malpractice.
To bring a successful birth injury claim, you’ll also need to draw a line of connection between the medical professional’s negligence and your infant’s injury. You must be able to show that you suffered legal damages – or losses recognized by the law, such as medical expenses and pain and suffering – as a result.
Brachial Plexus Injuries Associated with the Birth Process
Brachial plexus birth injuries refer to injuries to the brachial plexus nerves, which are located in the shoulder and elbow and move through to the forearm and hand. In a long, difficult delivery, these nerves can be compressed, stretched, or torn, leading to losses in muscle function.
The Boston Children’s Hospital reports that a brachial plexus injury at birth can cause the child to suffer muscle weakness or paralysis in the affected arm or hand and decreased sensation or movement in the upper arm.
Classification by Degree
Brachial plexus injuries are classified according to degree, which are listed below in order of severity:
- Injury caused by a stretched nerve in the brachial plexus network occurs outside the spinal cord and sometimes recovers without medical intervention.
- Injury caused by a ruptured nerve in the brachial plexus network occurs inside the spinal cord and involves a tear other than where the nerve attaches to the spine. This category of injury often requires surgical repair.
- Those injuries that are caused by the nerve root being torn from the spinal cord can’t be directly repaired through surgery and, instead, require surgical nerve replacement transfers.