Brachial Plexus Injury Lawyer in Louisville, KY
The birth of your child should be a joyous occasion. Sadly, complications can arise during delivery that can be debilitating if your physician or obstetrician does not take swift action. One common injury during childbirth that has seen an uptick in cases is damage to the brachial plexus. The brachial plexus is a bundle of nerves that run from the neck, sending signals from the shoulder down to the arm and hand. Unfortunately, a brachial plexus injury is often irreversible, preventing a child from reaching developmental milestones.
Our firm believes physicians should be held accountable for their negligence. If your child has experienced a brachial plexus injury, our medical malpractice attorneys in Louisville, KY, are here to fight for the compensation you deserve.
What is the Brachial Plexus?
A bundle of nerves that sends signals from the spinal cord down the shoulder, arm, and hand, the brachial plexus enables movement in the upper extremities. The brachial plexus begins at the root of the neck. Each side of your body has a brachial plexus, composed of five nerves that each provide a different function to the upper body.
Causes of a Brachial Plexus Injury
Damage to the brachial plexus can result in pain, weakness, loss of sensation, limpness, or paralysis in the arm and hand. The primary cause of brachial plexus injuries is the delivery physician’s traction on the baby’s head, which results in stretching of the brachial plexus. The severity of the injury depends on the intensity of the traumatic event.
A brachial plexus injury during childbirth is often associated with shoulder dystocia. A shoulder dystocia occurs when the infant’s shoulder is stuck under the pubic bone during delivery. At this point, just as the baby’s head is being delivered, the baby is not receiving oxygen through the umbilical cord.
As a result, it is recommended that the fetal shoulders be delivered within 3-5 minutes of delivering the head. If the baby is not delivered within that time, the baby can suffer a brain injury from a lack of oxygen. This can cause the delivering obstetrician to panic and place too much traction, downward force, on the baby’s head to get the shoulder to release from the pubic bone. That extra force can result in excessive neck stretching and the rupturing of nerves in the brachial plexus.
Proving Negligence of an Obstetrician
Shoulder dystocia is an obstetric emergency. It is up to your obstetrician to follow appropriate obstetric maneuvers and not panic to prevent damage to the brachial plexus. Although several maneuvers can be used to free the shoulder during vaginal delivery, it is up to your provider to take appropriate steps, and again, remain calm. A common obstetric maneuver to remedy a shoulder dystocia is the McRoberts maneuver. This involves bringing the mother’s legs up to the abdomen.
Often, this maneuver is combined with suprapubic pressure, which is applying pressure above the pubic bone to dislodge the stuck shoulder. Another course of action may be delivering the posterior arm, thereby decreasing the diameter of the baby’s shoulders so that they might pass through the birth canal.
If you believe that your obstetrician or physician failed to diagnose or treat shoulder dystocia or other pregnancy complications, you must provide evidence. Evidence in a brachial plexus injury often involves witness testimony that includes looking at the severity of the injury and whether it could have only been caused by excessive traction. To be awarded compensation, you must demonstrate that your provider failed to take the same course of action that a provider in the same specialty would have followed given similar circumstances. If you can show that the provider’s carelessness caused your child harm, you will be entitled to damages.
Speak with Our Injury Attorneys Today
If your child has experienced a brachial plexus injury during delivery, the Louisville brachial plexus lawyers at Wilt Injury Lawyers would like to hear from you. We understand the devastation that you are experiencing and are prepared to advocate rigorously on your behalf.
With attorney Ronald Wilt being named a distinguished attorney by Super Lawyers for 13 consecutive years, our legal team has what it takes to build the case you need to recoup your losses. To learn the full worth of your medical malpractice case, contact us online or call (502) 427-6813 today.