Brachial Plexus Injuries

Experienced and Compassionate Boston Lawyers Assisting Victims of Medical Malpractice

When medical professionals fail to oversee a birth with the appropriate level of care and attention, injuries to the mother and child can result. Having a baby is an exciting moment for any parent, but it also comes with certain stresses and concerns. Overall, parents simply want to ensure that the birth takes place smoothly and that their baby is delivered in a safe and healthy manner. At Breakstone, White & Gluck, our Boston birth injury lawyers have assisted many families with obtaining compensation after their baby suffers a preventable injury because of medical malpractice during birth. One of the most common birth injuries that we see is a brachial plexus injury. The brachial plexus consists of a bundle of nerves extending from the spinal cord. The nerves in this bundle are associated with neurological functions extending to the hand, arm, and shoulder. If your baby sustained a brachial plexus injury during birth as a result of a medical professional’s negligence, you may be entitled to compensation. Contact us now to learn more about your potential claim.

Understanding Brachial Plexus Injuries in the Childbirth Process

Brachial plexus injuries during delivery can occur in several ways. The most common cause involves large babies who have trouble traveling through the birth canal. If a midwife or obstetrician encounters issues while delivering a large fetus, shoulder dystocia may be one of the complications that result. In this condition, the baby’s shoulder becomes stuck in the birth canal. The attending medical professional must use due care to ensure that the baby’s head and neck area are not injured when attempting to get the baby’s shoulder unstuck. If the medical professional applies too much force to the baby’s body, it can damage the brachial plexus and result in long-term harm to the baby.

In less severe cases, the baby may experience pain, weakness, and numbness that lasts for a short or moderate period of time. In more severe instances, the baby can suffer a loss of control over their arm and shoulder area. The extent of the injury to your baby may not be immediately apparent. It is critical to seek medical treatment as soon as possible to understand the nature and scope of the injury. In the most devastating cases, the baby may suffer complete paralysis of their hand, arm, or shoulder, which will have serious consequences in the future.

If a medical professional is negligent in rendering care during the birthing process, you may be entitled to compensation for injuries and losses to the mother and/or baby. One of the most important considerations in a birth injury case is ensuring that you assert your right to compensation before the statute of limitations expires. For children under the age of six, there is a modified statute of limitations, and the claim must be brought before the child’s ninth birthday. A knowledgeable birth injury lawyer can assist you with determining when you must file your claim. The claim of the parent for consequential damages must be brought within three years of the birth.

Once your claim is initiated, your attorney must prove that the medical professional who oversaw the birth failed to use adequate care and skill during the process. Adequate care and skill are defined based on the care that other professionals in the same specialty in the same geographic location would render when faced with the same type of patient, conditions, and circumstances. Proving that the medical professional who treated your baby and you failed to use due care, such as by failing to properly diagnose the risk of a brachial plexus injury, may require testimony from an expert medical witness. An experienced medical malpractice lawyer can assist you with retaining an expert and with ensuring that you gather the evidence that you need to support your claim.

Seek Counsel from a Reliable Birth Injury Lawyer in Boston

Following a birth injury, you may be concerned about your baby’s future health as well as the financial impact of additional medical care needs. At Breakstone, White & Gluck, we pride ourselves on approaching each claim with the tenacious energy and attention to detail that families deserve after a traumatic event like this. We serve people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, among other cities. To schedule your free consultation, call us now at 1-800-379-1244 or contact us online. We also can assist families with children who are dealing with cerebral palsy or other serious injuries.