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Complications can arise during both pregnancy and delivery and these problems may result in injury to the baby. Where the harm was avoidable, both the baby and the parents have legal rights to recover monetary damages from those responsible for the injury.
Most birth injury cases fall into one of two categories. |
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| The first situation involves an obstetrician or doctor's failure to correctly assess conditions and complications during a woman's pregnancy or delivery. Failure to properly account for the mother’s health, improper use of medical instruments such as forceps; failure to perform a necessary caesarian section; or improper assessment of a baby's size and health in the womb are examples. Babies can suffer fractures to bones in the skull and collar bones, damage to facial nerves caused by forceps, and permanent damage to the spinal cord due to overstretching in delivery. If an obstetrician or doctor do not prepare for foreseeable complications, they are responsible for the results. |
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| The second situation occurs when a pregnant woman has taken a prescription drug, under the guidance and supervision of a doctor. Prescribing unnecessary medications can have devastating effects on both mothers and their children. |
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The Midwest Brachial Plexus Network, Inc., (MBPNI) (located at www.Birthinjury.org) is a non-profit organization that provides support and information to those touched by brachial plexus injury. Brachial plexus injury (bpi) is an injury that occurs during the birthing process that causes paralysis to one or both arms. The injury can be temporary or it may cause a permanent disability.
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| BRACHIAL PLEXUS INJURIES (Erb's or Klumpke's Palsy, Brachial Plexus Palsy) |
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The brachial plexus is a group of nerves that run from the spinal cord through the arm to the wrist and hand. These nerves are responsible for movement and sensation in the shoulder, arm, wrist, hand and fingers. A severe injury may cause complete paralysis and disfiguration, especially if left untreated. |
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| CAUSES OF BRACHIAL PLEXUS INJURY |
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| Stretching of the head away from the shoulder or similar trauma in the area of the brachial plexus can cause damage to the nerves. The most common type of injury is an obstetrical brachial plexus injury. This injury occurs when one or both of the baby's shoulders become impacted or stuck on the mother's pubic bone during delivery. This condition is known as Shoulder Dystocia. Frequently, shoulder dystocia occurs during delivery of large babies, however many injuries occur in average and low birth weight babies. Approximately 3 out of every 1000 children will be born with a brachial plexus injury. It may not be possible to predict when a shoulder dystocia will happen, but being aware of the risk factors and warning signs could allow the obstetrical team to anticipate a problem and prepare for a safe delivery. |
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When a shoulder dystocia occurs, a safe delivery depends on the doctor or midwife's ability to stay calm and perform the correct maneuvers to free the baby.
Most brachial plexus injuries are preventable with proper recognition and emergency management on the part of the obstetrical team.
A reasonably skilled and prudent practitioner might have one or two at the most during their career. If shoulder dystocia is recognized and managed properly, it is possible that a doctor could go through an entire career with no permanent brachial plexus injuries. |
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| Reasons to seek legal advice after your injured child's birth: |
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- Financial concerns for the child's treatment needs, now and in the future.
- Feeling as if the doctor was dishonest about the cause of the injury.
- Suspecting negligence on the part of the doctor.
- Wanting to prevent the doctor from injuring other children.
- Learning that their child's injury could have been prevented.
- Doctors need to be held accountable for their actions.
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| MBPNI found in their survey: |
- 52% of parents found that their doctor had other malpractice lawsuits filed against them. Some indicate more than one case that they were aware of - the average was 3.
- 66% of respondents reported their medical records were not accurate. Parents should expect omissions in the medical records of any labor or delivery complications and no mention of shoulder dystocia or a brachial plexus injury by the obstetrician or nurses.
- Nurses and pediatricians involved in neonatal care are usually aware of birth injuries but are hesitant to inform the parents or confront the obstetrician about it.
- Multiple malpractice suits do not necessarily endanger a doctor's standing with state medical licensing boards. Action is only taken against a doctor's license if a complaint is filed with the board and found to have merit after investigation and review by a committee. If you settle out of court, the board may never know a case was filed.
- Hospital may claim they cannot locate records.
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| Advice to parents at time of birth: |
- Video tape the birth if at all possible.
- Request copies of your medical records immediately after delivery - before anything can get lost or changed.
- If there is a birth injury, it is important to file a lawsuit early so that hospital staff can remember the details of your delivery. Also, every state has a statute of limitations - the time frame in which you can file a suit.
- Keep specific notes about conversations between you and your doctor regarding your child's injury, including dates.
- Have a life care plan done so that you can truly understand how your child's injury may impact them in their adult life.
- Be prepared to do what you need to do to secure a future for your child. They deserve the best care they can be given them.
- If there is a birth injury lawsuit, be prepared for the long haul. Some cases take 5 years or longer.
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| A former defense attorney for doctors and insurance companies, Kenneth M. Levine, says that the “defense of brachial plexus case is the perfect example of how evidence can be managed by the defense lawyer.” Parents of injured babies can expect the doctors and insurance companies to claim: |
- The doctor actually did the parents a favor during the delivery by saving the baby's life.
- The parents you are not properly grateful because even though their baby has a brachial plexus injury, he or she is alive.
- The defense will completely avoid the real issues in the case. The failure to properly estimate the size of the baby in cases of macrosomia. The failure to identify and manage a shoulder dystocia, and the failure to conduct a c-section when necessary.
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CEREBRAL PALSY |
| Cerebral palsy is a medical condition caused by a permanent brain injury that occurs before, during, or shortly after birth, when a child’s oxygen supply is interrupted. The primary characteristic of cerebral palsy is a lack of muscle control and movement. The diagnosis of cerebral palsy is often made immediately after birth, but it can also be made later in childhood. |
| Obstetricians have a responsibility to be alert to signs of distress in a baby and fix the problems before the processes of labor and delivery cause brain injury. Cerebral palsy can result from doctor error in treating the pregnancy or by not preparing for foreseeable emergencies and other events associated with pregnancy. For more information visit www.cerebralpalsyinfo.org. |
| If your child has been injured during birth, you will only have one chance to file a lawsuit and seek justice. Protect your rights and the rights of your child. Contact InjuryLawLitigators.com for the name of an attorney in your area. |
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