What is a brachial plexus injury?
The brachial plexus is a bundle of nerves between the neck and shoulder. It transmits signals controlling movement, feeling, and muscle function to the chest, shoulder, arm, and hand. During difficult births, these nerves can be stretched or torn, causing sometimes permanent neurological problems to babies, and risking the health of their mothers. Despite advances in medical treatment, these injuries are paradoxically getting more common with time, with up to 3 in every 1000 babies experiencing a brachial plexus injury (BPI).
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What factors put mothers and children at higher risk of these injuries?
BPI occurs when the baby’s neck is stretched and impacted during a complicated birth process. A number of factors, relating to the baby, the health of the mother, and how the child is delivered, influence the risk of experiencing a BPI.
Factors involving the baby
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- Large baby, known as macrosomia (90th percentile in size or larger)
- Baby being born bottom first, rather than head first (breech presentation)
Factors involving the mother
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- Mother has diabetes, or develops it during pregnancy
- Mother had a previous vaginal delivery
Factors involving the delivery
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- Delivery involves use, or misuse, of equipment like forceps and suction tools
- Baby’s shoulder gets stuck during delivery (shoulder dystocia). Up to 15 percent of shoulder dystocia cases lead to BPI.
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What kind of injuries result from brachial plexus problems?
Injuries to the nerves in the brachial plexus can cause weakness, loss of feeling, and paralysis in the arms, hands, and shoulders, such as Erb’s palsy and Klumpke’s palsy. Additionally, these complications can lead to children developing different-sized arms and arms with a “waiter’s tip” (arm straight, wrist bent back). In rare cases, BPI can also lead to problems breathing and controlling the diaphragm, as well as Horner’s syndrome, which causes drooping eyelids, smaller pupils, and diminished sweat production in the face.
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What should medical providers be doing to avoid causing BPI, and where does malpractice occur?
Everyone deserves, and is legally entitled, to the proper standard of care, where you get the treatment you need and avoid unnecessary risks. When it comes to preventing BPI, that begins long before birth, and continues well after a BPI occurs.
Before birth
Your care providers should assess factors like the size of the baby versus the mother’s pelvis, plus birth weight, the baby’s position, and whether a scheduled C-section would mean a safer birth. If they anticipate a more complicated or higher-risk delivery, they should make sure they have the proper staff and equipment ready, as well as give providers the proper training to execute a safe birth under these conditions. Failure to do so could constitute malpractice.
During birth
Obstetricians and other maternal health professionals should be ready and trained for complications in the birth process. Oftentimes, that means executing a series of special maneuvers to either reposition the baby, the mother, or both to allow for a smoother delivery. If these maneuvers are done incorrectly, or if equipment such as forceps or vacuums are misused in an attempt to relieve pressure, that is a serious deviation from the proper care you deserve. So is a failure to have the proper obstetricians, orthopedists, pediatricians, and other maternal health experts on hand should complications arise.
After birth
Thankfully, many BPI injuries recover on their own without surgery in a matter of months, but regular, effective care from neurologists, physical therapists, and others is vital to assure this happens. That can include physical tests of a child’s joints and movement, as well as X-rays, ultrasounds, MRIs, and electrical and nerve conduction tests in the affected areas. To make sure recovery is coming along well, babies often need regular, long-term examinations, as some BPIs take up to 2 years to recover. Additionally, regular physical therapy may be needed to prevent stiffness, atrophy, and dislocation in the joints of a newborn with BPI.
In more serious cases, if these steps don’t work, and healing isn’t coming along after months, surgery may be helpful, which can include nerve grafts and transfers, tendon transfers, and releasing a stuck joint. Much like with the original injury, following a surgery, physical therapy and careful monitoring may be necessary to guarantee a successful recovery.
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How long do I have to bring a lawsuit for BPI medical malpractice in Minnesota?
Under Minnesota law, you usually have 4 years to bring a malpractice case against your doctor or hospital.
What relief can I get from a medical malpractice suit for BPI?
Malpractice robs a child and their mother of their health and peace of mind, and a medical malpractice suit can help take back some of what you’ve lost. There are no caps on damages in Minnesota, and you are eligible to recover resources which help you meet a number of challenges, including:
- Medical bills and costs
- Lost income
- Past bodily and mental harm, including:
- Pain
- Disability
- Disfigurement
- Embarrassment
- Emotional distress
- Future bodily and mental harm, including:
- Pain
- Disability
- Disfigurement
- Embarrassment
- Emotional distress
Minnesota birth injury malpractice lawyers help mothers with BPI complications.
It can be confusing, painful, and time-consuming to sort out what went wrong, but you don’t have to do it alone. If you call us, we may be able to use our network of lawyers and medical experts to review your records and help get you the relief you need, including compensation for medical bills, future treatment, lost income, and pain and suffering.
You’ve already been let down once, which is why we operate under a contingency fee structure for maximum fairness: we only receive payment if we help you get what you deserve, either a settlement or victory at trial.
Get in touch with us here if you’re ready to have allies who understand.
Call 612-349-2729 or complete a Case Evaluation form
