A brachial plexus injury results from damage to the nerves that send signals from the spinal cord to the shoulder, arm, and hand. It can happen to a newborn during a difficult childbirth. Your obstetrician, midwife, or their staff has a duty to recognize when a difficult childbirth may result in a brachial plexus injury and take steps to avoid such an injury. If the injury occurs anyway, the medical provider must immediately address and treat it.
A brachial plexus birth injury lawyer at Newsome | Melton can help you recover damages from your doctor if he or she committed malpractice. Our birth trauma attorneys have a long track record of holding medical providers accountable for errors that injure our clients. We want to put our resources to work for you.
For a free consultation, call 800-916-7333 today.
We Hold Your Doctor Accountable for Your Child’s Brachial Plexus Birth Injury
When you trust a doctor to deliver your child, you expect them to exercise care and diligence and to recognize at once when something is not right or when certain circumstances necessitate action.
As a medical professional, your doctor has a duty of care to you, and this duty extends to your child during childbirth. If your baby suffered a brachial plexus injury during childbirth, there’s a strong chance it was at least partly the result of an error made by your doctor. While some birth injuries are inevitable, many more are the result of negligence or wrongdoing by a medical professional.
How Brachial Plexus Birth Injuries Occur
Newborn babies are at risk of developing brachial plexus injuries, particularly after difficult births. If the baby is not positioned correctly during delivery, their shoulder can get trapped in the birth canal after the head emerges, resulting in a brachial plexus injury.
It is your doctor’s responsibility to notice when childbirth is not progressing as normal. At that point, your doctor should intervene rather than letting a difficult childbirth proceed in a risky fashion.
The following situations can increase the chance of a brachial plexus injury during childbirth:
- The baby’s head and shoulder move in different directions as the baby passes through the birth canal.
- The baby’s shoulders get stretched during a head-first delivery.
- The medical professional applies pressure to the baby’s raised arms during a feet-first delivery.
- Other instances of excessive force and excessive stretching during a vaginal delivery.
In addition, brachial plexus birth injuries are more common in these situations:
- The baby is larger than average.
- The baby’s shoulder remains stuck in the birth canal after the head is delivered.
- There is a breech delivery.
No matter how your baby’s brachial plexus injury occurred, or how your doctor approached the delivery process, we can investigate and determine if malpractice played a role in the injury. For a free case evaluation with a Newsome | Melton attorney, call 800-916-7333 today.
Count on Newsome | Melton to Fight Your Medical Malpractice Lawsuit for a Brachial Plexus Birth Injury
The brachial plexus birth injury lawyers here at Newsome | Melton have helped many clients recover damages for injuries they suffered due to medical malpractice. If your child suffered a brachial plexus birth injury, we can help you hold your doctor liable. Our attorneys understand what goes into a successful malpractice lawsuit. We can collect evidence to prove the following:
- Your doctor owed you and your child a duty of care.
- Your doctor failed to uphold their duty to you and your child.
- Your child suffered injuries because of the doctor’s negligence.
- You incurred damages because of your child’s injuries.
Your Doctor Owed You and Your Child a Duty of Care
First of all, we have to prove your medical provider owed you a duty of care. This duty exists in any doctor-patient relationship. Accordingly, we must show an active working relationship between you and your doctor. We can confirm this by presenting billing statements, insurance documents, and other evidence.
Your Doctor Failed to Uphold This Duty
Next, we have to demonstrate that your doctor did not uphold their duty by using the “reasonable person” standard. In other words, how would a reasonable person in your doctor’s position have acted in the same situation? Would they have been more diligent in responding to the changing dynamics of the childbirth or any emerging circumstances that presented a risk factor?
We rely on medical experts to play the role of the reasonable person. We call on them to evaluate the evidence and testify as to how they would have approached the same situation.
Your Child Suffered Injuries Because of Your Doctor’s Failure
We then must connect your doctor’s failure to your child’s injuries, drawing a clear and compelling cause-and-effect link. To do this, we rely on many sources of evidence, which may include your medical records, statements from other doctors you or your child have seen, and expert witness testimony.
You Incurred Economic or Non-Economic Damages
The final element of a successful malpractice case involves listing the various economic and non-economic damages you suffered because of your child’s injuries. We aggressively pursue your doctor to compensate you for these damages.
The Statute of Limitations on Medical Malpractice Claims
Depending upon your state, you could have anywhere from one year to several years to file a medical malpractice lawsuit. If you let the statute of limitations expire, you will lose your eligibility to recover damages. Take action right away by calling a Newsome | Melton lawyer at 800-916-7333 for a free case evaluation.
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