Brachial plexus birth injuries (BPBI) happen when there is damage to the nerves controlling the muscles of the shoulder, arm, and hand during childbirth. While some resolve with minimal intervention, others can lead to long-term disabilities. It is important for parents to keep this in mind when deciding next steps.
How does this happen?
BPBIs during birth often result from complications such as shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Use of excessive force or improper techniques during delivery can exacerbate the situation, leading to nerve damage. The severity of these injuries can vary, ranging from mild stretching to complete nerve tears.
The full extent of the impact of the injury is often unknown immediately following the birth of the child. A recent study published in the International Journal of Qualitative Studies on Health and Wellbeing reviewed the impact of brachial plexus birth injuries, finding that at least 30% of children who suffer from this injury deal with musculoskeletal complications throughout their life.
What options are available in cases of serious injury?
When a brachial plexus injury occurs, families may face significant emotional and financial burdens. Legal action can be a viable path to obtaining compensation for medical expenses, rehabilitation, and other related costs. Those who are considering further action will need to address the following legal issues:
- Establishing negligence: To pursue a legal claim, it is essential to demonstrate that the healthcare provider’s actions deviated from the standard of care, resulting in the injury.
- Statute of limitations: Each state has specific time limits for when the victim can file their medical malpractice claim. In New York, this is generally set at two years and six months after the incident though there are often exceptions when the victim is a child.
- Expert testimony: Medical experts help to establish the link between the healthcare provider’s actions and the injury. Their testimony can be pivotal in proving negligence.
Understanding these legal aspects can empower families to make informed decisions about pursuing a claim. It is advisable to consult with an experienced medical malpractice attorney to navigate the complexities of the legal process.
Why should I consider additional legal action?
Pursuing a legal claim for a brachial plexus birth injury can lead to financial relief and hold healthcare providers accountable. A successful case can result in funds to help cover costs for surgeries, therapies, and ongoing medical care as well as physical therapy and other necessary support services. Compensation may also be available for pain, suffering, and loss of quality of life.