Birth Injury Legal Resources

Nerve Injuries to the Arm and Hand (Brachial Plexus Palsy)

Brachial plexus palsy occurs when the brachial plexus (the group of nerves that runs through the shoulder and supplies the arms and hands) is injured. It is most common when there is a difficulty during delivery, occurring when the baby's shoulder is stuck under the mother's pelvic bone. This situation is referred to as shoulder dystocia. When a brachial plexus injury occurs, the baby loses the ability to flex and rotate the arm. If the injury caused bruising and swelling around the nerves, movement should return within a few months. Tearing of the nerve may result in permanent nerve damage.

Here is a diagram of how shoulder dystocia can lead to permanent nerve injury:

In the event of shoulder dystocia, there are many different ways to dislodge the baby's shoulder without causing injury to the brachial plexus. The doctor may reposition the mother. The doctor may physically try to change the position of the baby inside the birth canal. In addition, the practitioner may try breaking the baby's clavicle bone, breaking the mother's pelvic bone or pushing the baby's head back in the birth canal and performing an emergency C-section.

Some maneuvers can be dangerous to the baby. If the baby's head is moved with excessive force at an inappropriate angle, the brachial plexus nerves in the baby's neck may be injured. If pressure is applied to the upper abdomen of the mother (fundal pressure) during such a maneuver, the injuries may be severe.

This injury usually results in a paralyzed or disabled arm or hand, and can have other side effects on the entire body. In severe cases, it is a lifelong injury.

What are the risk factors for Brachial Plexus injuries?

gestational diabetes
obesity in the mother
excessive weight gain during pregnancy
macrosomia (a baby weighing more than 4000 grams or approximately 9 lbs.)
a previous large baby
a post-term pregnancy
a small pelvis

If your child has brachial plexus palsy that interferes significantly with his or her ability to use the arm or hand, a legal consultation with an attorney could be appropriate. The attorney will review the childbirth records to determine what was done exactly to deliver the child and whether any inappropriate maneuvers were done. If you have video of the birth, that could provide significant evidence of what happened.

See this article for an anatomical overview of shoulder dystocia, with a detailed look at a specific example of the condition. www.obgyn.net/pb/articles/dystocia-casereport.htm

Legal Consultation

If a family member has suffered a serious, permanent injury related to childbirth, you may want to talk to a lawyer. We provide free consultations to help determine if you have a valid medical negligence case that should be pursued. If you have already consulted with another lawyer or are in the process of doing so, we can offer information about how to evaluate whether you have obtained the right lawyer for your case.

We will need to obtain complete medical records to do a good analysis. Contact us with this form to provide basic information to get the process started:

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