Brachial Plexus Injury in Infants: When Medical Negligence is to Blame
Discovering your newborn suffered a brachial plexus injury at birth can be devastating. This common birth injury can lead to lifelong disabilities that affect your child’s quality of life and create a significant financial burden for your family. However, with proper medical care, brachial plexus injury is often preventable.
If you suspect your child’s injury was due to medical negligence, it’s important to understand your legal rights and how you may pursue compensation to support your child’s care and future.
What is a Brachial Plexus Birth Injury?
The brachial plexus is a complex network of nerves in the shoulder that controls sensation and movement in the shoulder, arm, and hand. In infants, a brachial plexus injury occurs when these delicate nerves are stretched, compressed, or torn during childbirth.
This kind of injury can lead to weakness in the affected arm, loss of movement or sensation, and in severe cases, permanent disability and lifelong impairment. Children with brachial plexus injury may struggle with basic tasks, such as getting dressed, participating in sports, or hugging their loved ones with both arms.
Causes of Brachial Plexus Injuries During Birth
There are several scenarios in which brachial plexus injuries may occur, many of which are linked to complications during delivery.
- Difficult or prolonged labor: Presents significant risks, as extended pressure on the infant’s shoulder region can cause substantial nerve damage.
- Shoulder dystocia: A medical emergency that happens when the baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has been delivered. If not managed with extreme care, this situation can put undue pressure on the baby’s neck and shoulder, injuring the brachial plexus nerves.
- Improper use of forceps or vacuum extractors during delivery: When applied with excessive force or incorrect technique, these tools can place undue stress on the baby’s head and neck, potentially stretching or tearing the delicate brachial plexus nerves.
- Large baby size (macrosomia): Large babies, medically termed macrosomic infants, are particularly vulnerable to brachial plexus injuries due to their larger size and the additional mechanical challenges that this presents during delivery.
- Breech delivery: When a baby is positioned feet-first, the additional pressure on the shoulders and neck during extraction can create significant mechanical stress. This complicated delivery demands exceptional skill and careful management to prevent nerve injuries.
The difference between a successful delivery and a serious, preventable injury often comes down to the attentiveness and skill of the medical team. Many of these complications can be anticipated and managed with proper medical care, careful monitoring, and timely decision-making.
Types of Brachial Plexus Injuries
There are four main types of brachial plexus injuries in infants. Each type presents different severity, unique challenges, and potential outcomes.
- Neurapraxia: The mildest form of brachial plexus injury, it involves the temporary stretching of the nerves. Most infants with this type of injury recover fully within a few months without surgical intervention.
- Neuroma: Scar tissue forms around the injured nerve during the healing process. This scarring can lead to partial recovery, but it may also result in long-term complications that require ongoing medical attention and potential therapeutic interventions.
- Rupture: When a rupture occurs, the nerve is torn but remains partially attached to the spinal cord. This presents a serious challenge because surgical intervention, where medical teams work to repair the damage and restore as much function as possible, becomes crucial. These cases often require extensive rehabilitation and may result in permanent or partial disability.
- Avulsion: The most severe brachial plexus classification is an avulsion injury, where the nerve is completely torn from the spinal cord. This devastating injury often results in lifelong impairment with extremely limited treatment options. Families facing an avulsion injury must prepare for a comprehensive, long-term approach to care and support.
Understanding the severity of your child’s injury is crucial when pursuing legal action. It directly impacts the compensation needed for future care.
Signs and Symptoms of a Brachial Plexus Injury
Parents should be vigilant for the specific signs that may indicate nerve damage because recognizing them early on is important for timely intervention.
Often, the most obvious indicator is a noticeable weakness or complete paralysis in one arm compared to the other. The affected arm may appear limp or held in an unnatural position, typically bent at the elbow and pressed close to the body—a classic presentation known as Erb’s Palsy.
Another telling sign is the absence of the Moro reflex on one side. This startle reflex, which typically causes babies to spread their arms when startled, may be diminished or completely absent in the affected arm. Decreased grip strength and limited muscle control in the shoulder, arm, or hand are additional red flags that warrant immediate medical evaluation.
If you notice any of these symptoms in your newborn, seek immediate medical attention and document everything. These records will be crucial if negligence is involved.
Treatment Options for Brachial Plexus Injuries
Treatment for brachial plexus in infants is a comprehensive, multi-disciplinary approach tailored to the specific nature and severity of the injury. Physical therapy, which often begins within weeks of birth, is crucial in improving range of motion and strengthening the affected muscles.
Occupational therapy, which focuses on helping children develop essential motor skills necessary for daily activities, complements this intervention. As the child grows, these therapies adapt to meet evolving developmental needs to ensure the best possible functional outcomes.
In more severe cases, surgical intervention becomes necessary. Nerve grafts or complex nerve transfer procedures can help restore some functionality, though complete recovery is not always possible. Pain management and ongoing medical monitoring are the other critical components of a comprehensive treatment plan. They are particularly essential when nerve damage causes discomfort or sensitivity.
While early diagnosis and intervention are crucial to achieving the best possible outcome, many families face significant financial burdens from these ongoing treatments. This is why it’s important to hold negligent medical providers accountable.
Can Medical Negligence Cause a Brachial Plexus Injury?
In many cases, the answer is yes, and unfortunately, they arise from preventable medical errors. Medical negligence may occur if:
- The doctor used excessive force during delivery when encountering shoulder dystocia.
- The delivery team failed to properly recognize risk factors that should have indicated the need for a C-section.
- There was a failure to monitor or respond to signs of fetal distress during labor.
- There was improper use of delivery-assistive tools, such as forceps or vacuum extractors, which caused nerve damage.
- The medical team neglected to inform parents of delivery risks when a large birth weight was anticipated.
Determining whether negligence occurred requires thoroughly reviewing medical records, expert analysis, and sometimes witness testimonies. All evidence of substandard care or breach of standards of care are needed to build a compelling case of medical malpractice.
Seeking Legal Action: Do You Have a Case?
If your child suffered a brachial plexus injury during birth, you may have grounds for a medical malpractice claim if:
- A doctor-patient relationship existed,
- The medical provider breached the standard of care,
- This breach directly caused the brachial plexus injury, and
- The injury resulted in damages (medical expenses, disability, pain, and suffering).
Maryland has specific statutes of limitations for birth injury cases. So, consulting with an experienced attorney promptly is essential. A personal injury lawyer experienced in birth trauma cases can help review medical records, determine the best course of action, and fight for the compensation your family deserves.
Compensation from a successful claim can help cover:
- Current and future medical expenses,
- Physical and occupational therapy costs,
- Surgical interventions or assistive devices,
- Pain, suffering, and emotional distress, and
- Loss of future earning capacity if permanent disability is involved.
How a Birth Injury Attorney Can Help
A birth injury attorney can assist you by:
- Investigating medical records to identify signs of negligence or improper care,
- Consulting top medical experts to evaluate the standards of care provided,
- Calculating the lifetime costs associated with your child’s injury,
- Negotiating settlements with hospitals, doctors, and insurance companies,
- Representing families in court, if necessary, to secure a fair outcome, and
- Providing compassionate guidance through a difficult time.
Although no amount of money can undo the harm done, holding negligent medical providers accountable can provide financial security and justice for your child’s future.
Taking the Next Step
If your child has suffered a brachial plexus injury during birth in Maryland, you don’t have to face this challenge alone. The law provides avenues for families to seek justice and compensation when medical negligence is to blame. Contact us today for a free, confidential consultation.
