Medical malpractice is challenging enough when an adult is injured, but when negligence on the part of a medical professional or facility leads to a birth injury, the implications are far more serious and far more difficult to come to terms with. If you believe that your newborn’s brachial plexus injury was caused by medical malpractice, it’s in your best interest to consult with an experienced Harrisburg, Pennsylvania, birth injury attorney today.

Medical Malpractice Defined

There are certain elements that must be present for a birth injury, such as a brachial plexus injury, to be classified as medical malpractice. The primary component is that the medical professional or facility must have deviated from a standard practice that other reasonable medical professionals or facilities would have employed in a similar situation. In other words, if your attending physician did – or failed to do – something that other reasonable doctors would have done under the circumstances, it may qualify as medical malpractice.

To bring a successful birth injury claim, you’ll also need to draw a line of connection between the medical professional’s negligence and your infant’s injury and must be able to show that you suffered legal damages – or losses that are recognized by the law, such as medical expenses and pain and suffering – as a result.

Brachial Plexus Injuries Associated with the Birth Process

Brachial plexus birth injuries refer to injuries to the brachial plexus nerves, which are located in the shoulder and elbow and move through to the forearm and hand. In a long, difficult delivery, these nerves can be compressed, stretched, or torn, and it can lead to losses in relation to muscle function.

The Boston Children’s Hospital reports that a brachial plexus injury at birth can cause the child to suffer muscle weakness or paralysis in the affected arm or hand – as well as decreased sensation or movement in the upper arm.

Classification by Degree

Brachial plexus injuries are classified according to degree, which are listed below in order of severity:

  • Those injuries that are caused by a stretched nerve in the brachial plexus network occur outside the spinal cord and sometimes recover without medical intervention.
  • Those injuries that are caused by a ruptured nerve in the brachial plexus network occur inside the spinal cord and involve a tear other than where the nerve attaches to the spine. This category of injury often requires surgical repair.
  • Those injuries that are caused by the nerve root being torn from the spinal cord can’t be directly repaired through surgery and, instead, require surgical nerve replacement transfers.

Discuss Your Concerns with an Experienced Harrisburg Birth Injury Attorney Today

The practiced birth injury attorneys at Marzella and Associates in Harrisburg, Pennsylvania, are committed to building your strongest claim, carefully assessing your complete damages, and fiercely advocating for a fair settlement that reflects your losses. We are standing by to help you, so please don’t put off contacting or calling us at 717-234-7828 to schedule a free consultation and learn more today.