Birth Injuries

Brachial plexus injury, also known as Erb’s Palsy, is a birth injury that occurs when the brachial plexus nerves in the baby’s shoulder are damaged during delivery. Damage to these nerves can result in total paralysis of the arm, a lack of control over the arm, hand and shoulder muscles, or a lack of sensation in the arm, hand or shoulder. This damage is generally caused when the nerve is stretched, torn, compressed or becomes inflamed by mechanical injury during the birthing process. Shoulder dystocia, where the baby’s shoulder becomes lodged on the mother’s pelvic bone after the delivery of the baby’s head, is the most common cause of injury to the brachial plexus nerves at birth.

While your doctor or midwife may not be able to prevent shoulder dystocia, there are certain conditions that may increase the risk that you and your baby will experience this complication during delivery. If your healthcare providers failed to detect the presence of a risk factor, or failed to react properly to resolve the shoulder dystocia, then you and your child may have a claim for medical malpractice.
Depending on the severity of the damage to the nerves, this condition may resolve on its own. It may, however, require surgeries and extensive physiotherapy and may leave the child with permanent impairment in the shoulder, arm or hand. A child with a severe brachial plexus injury may require long-term therapies and help performing daily activities. The financial costs of caring for a child with a brachial plexus injury may be significant. In addition to the cost of therapies, a parent may be unable to return to work or may lose out on employment opportunities if the child requires specialized care or extended hospital stays.

The delivery of a new baby can be a very exciting time, but it can also be very frightening if things don’t go according to plan. Sometimes the fetus may become distressed during labour and delivery, which will require that he be delivered immediately, either by emergency cesarean or by assisted vaginal delivery. In most cases there will be signs that the fetus is in distress. The fetal heart rate may drop or increase to an abnormal level. Excessive bleeding from the mother or signs of meconium may also indicate that the fetus is in distress.
Your health care providers should be watching for signs of fetal distress throughout your labour and delivery. Failure on the part of your health care team to watch for or to notice signs that your fetus is in distress may constitute medical malpractice. Fetal distress often occurs when the fetus is no longer receiving the oxygen that he requires. This may be due to an obstruction of the umbilical cord or a problem with the placenta. If your health care professionals fail to properly assess and respond to fetal distress, the results can be devastating. A lack of oxygen to the fetus for even a few minutes can result in permanent brain damage or death. Babies who suffer from a lack of oxygen during delivery are often diagnosed with cerebral palsy, intellectual disabilities and other debilitating conditions that will affect them for life.