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Goldberg & Rosen: Advocates for Families Affected by Brachial Plexus Birth Injuries

For families, this type of injury can bring significant physical, emotional, and financial challenges. At Goldberg & Rosen, our personal injury lawyers in Miami specialize in representing families affected by brachial plexus injuries caused by medical negligence. Our experienced legal team is dedicated to holding negligent healthcare providers accountable and securing the compensation you need to ensure your child receives the best possible care. Contact us today to learn more.

The Basics of Brachial Plexus Injuries

The brachial plexus is a bundle of nerves located between the neck and shoulders that control movement and sensation in the arms, hands, and fingers. During childbirth, if excessive force is used to pull the baby’s head, neck, or shoulders, these delicate nerves can be damaged.

Brachial plexus injuries are particularly common in cases of shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery, requiring quick but careful maneuvering to free the baby.

The severity of brachial plexus injuries can vary depending on the degree of nerve damage. For example:

  • In some cases, the nerves may be mildly stretched, leading to temporary weakness or limited mobility that improves with therapy
  • However, more severe injuries can involve nerve tears or ruptures, resulting in permanent paralysis or loss of function in the affected arm
  • The most serious form of brachial plexus injury is Erb’s palsy, where the upper nerves of the brachial plexus are damaged, leading to partial or complete paralysis of the shoulder and upper arm
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Causes of Brachial Plexus Injuries Due to Medical Negligence

In many cases, brachial plexus injuries occur due to medical negligence during labor and delivery. Healthcare providers, including obstetricians, midwives, and nurses, monitor the baby’s position and size and recognize potential complications during labor. When they fail to act appropriately or use excessive force during delivery, the risk of brachial plexus injury increases significantly. Common causes of brachial plexus injuries related to medical negligence include:

Improper Maneuvering During Shoulder Dystocia

Shoulder dystocia is a common risk factor for brachial plexus injuries. When this occurs, the baby’s shoulder becomes stuck behind the mother’s pelvic bone. If the doctor uses excessive force to pull the baby free or fails to use proper delivery techniques, nerve damage can result.

Excessive Force with Delivery Tools

In some cases, doctors may use delivery tools such as forceps or vacuum extractors to assist with the birth. Improper use of these tools can put unnecessary pressure on the baby’s neck and shoulder area, leading to brachial plexus injuries.

Failure to Monitor or Respond to Fetal Size or Position

If a baby is larger than expected or positioned in a way that increases the risk of shoulder dystocia, the doctor should be prepared to manage the delivery carefully. Failure to assess these risks or to recommend a C-section in high-risk situations can lead to preventable birth injuries.

Types of Brachial Plexus Injuries

Brachial plexus injuries can range in severity, depending on how the nerves were affected during childbirth. Understanding the different types of nerve injuries is essential for parents as they begin to realize their child’s medical needs and legal options. There are four main types of brachial plexus injuries:

Neuropraxia

This is the most common and least severe form of brachial plexus injury. Neuropraxia occurs when the nerves are stretched but not torn. It may cause temporary weakness or loss of movement in the arm or hand. Fortunately, babies with this type of injury often recover on their own over several weeks or months with the help of physical therapy. However, even in mild cases, ongoing medical evaluation is important to ensure that healing progresses appropriately.

Neuroma

Scar tissue can form when a nerve is damaged and begins to heal. This scar tissue, called a neuroma, can press on the surrounding nerves, impeding normal nerve signals. Neuromas may require surgical intervention if they prevent normal function. These injuries often result in only partial recovery, making early diagnosis and therapy critical.

Rupture

A rupture involves a complete tear of the nerve but not at the spinal cord. This type of injury will not heal without surgery. In many cases, surgeons may use a nerve graft to repair the damage. Babies with ruptures often experience long-term impairment, even with treatment.

Avulsion

The most severe type, avulsion, occurs when the nerve is completely torn from the spinal cord. This injury is permanent and cannot be repaired directly. While nerve transfers may restore some function, children with avulsions typically face lifelong physical limitations.

Each of these injuries carries serious implications. A brachial plexus injury lawyer can help your family understand what type of injury occurred, whether it was preventable, and what legal recourse is available.

Signs and Symptoms of Brachial Plexus Injuries in Newborns

A brachial plexus injury is often not immediately obvious at birth. Parents often first notice something isn’t right when their newborn doesn’t move one arm normally or seems to favor one side.

Recognizing the early signs of a brachial plexus injury can help you seek medical care and legal advice quickly, which is important for both treatment and preserving your rights.

Signs to Watch for at the Hospital

Right after delivery, nurses and doctors should assess your baby’s range of motion and muscle tone. Warning signs of a possible brachial plexus injury include:

  • A weak or limp arm.
  • Little to no movement in the shoulder, elbow, or hand.
  • An arm that hangs straight down or appears “floppy.”
  • Inability to grasp with the affected hand.

Medical staff may also notice asymmetry in reflexes or muscle tone between the two arms.

What to Look for at Home

After discharge from the hospital, additional symptoms may become more noticeable. These include:

  • The baby consistently uses only one arm.
  • Crying or discomfort when the affected arm is moved.
  • There is a lack of startle reflex on one side.
  • A clenched fist on one side, while the other hand is open.
  • Delayed developmental milestones related to reaching or grasping.

Facial Asymmetry and Broader Trauma

Sometimes, a brachial plexus injury may occur alongside other birth injuries, such as facial nerve damage. If one side of your baby's face appears droopy or they cannot close one eye or smile symmetrically, it may suggest broader trauma that occurred during delivery.

Prompt diagnosis is critical. If you notice any of these symptoms, it’s important to consult with a pediatrician and possibly a neurologist. A brachial plexus injury lawyer in Miami with Goldberg & Rosen can also help you determine whether your baby’s injury was the result of medical negligence and what steps to take next.

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Who Can Be Held Liable in Brachial Plexus Injury Cases?

Obstetricians and Delivery Doctors

The primary responsibility for a safe delivery rests with the obstetrician or delivery doctor overseeing the birth. They are expected to:

  • Recognize Risk Factors: Doctors should identify risk factors such as large fetal size (macrosomia), maternal diabetes, or prolonged labor that may increase the likelihood of shoulder dystocia and brachial plexus injuries.
  • Use Proper Delivery Techniques: If shoulder dystocia occurs, the doctor must employ appropriate maneuvers to safely deliver the baby without applying excessive force.
  • Avoid Excessive Force: Applying unnecessary or excessive force on the baby’s head, neck, or shoulders can stretch or tear the brachial plexus nerves, leading to injury.

If the doctor fails to adhere to the standard of care by not anticipating complications, not performing a timely C-section when necessary, or using improper delivery techniques, they may be held liable for medical negligence.

Nurses and Medical Staff

Nurses and other medical professionals involved in the delivery play a critical role in:

  • Monitoring Mother and Baby: They must monitor the mother’s vital signs and the baby’s fetal heart rate and report any abnormalities promptly.
  • Assisting During Delivery: Proper assistance during delivery is essential, especially in emergencies like shoulder dystocia.
  • Communicating Effectively: Nurses must effectively communicate any concerns or observations to the attending physician.

The nursing staff's failure to properly monitor, report, or assist during delivery can contribute to a brachial plexus injury, making them potentially liable.

Hospitals and Medical Facilities

The hospital or birthing center may be held responsible if systemic issues contribute to the injury. Their responsibilities include:

  • Ensuring Adequate Staffing: Understaffed facilities may lead to rushed procedures or a lack of necessary support during complicated deliveries.
  • Providing Proper Training: All medical staff should be adequately trained to handle shoulder dystocia emergencies.
  • Maintaining Equipment: Faulty or improperly maintained medical equipment can lead to delivery complications.

If institutional negligence, such as inadequate training protocols or staffing issues, contributed to the injury, the hospital or facility may share liability under the legal doctrine of vicarious liability.

Midwives or Other Attending Professionals

In cases where a midwife or another healthcare professional is responsible for the delivery, they may be held liable if their negligence led to the injury. Their duties include:

  • Recognizing Complications: They must identify when a delivery is not progressing normally and when to seek additional medical assistance.
  • Appropriate Response: Failing to respond correctly to emergencies or delaying transfer to a hospital can contribute to injuries.
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How Goldberg & Rosen Can Help

Thorough Investigation and Expert Testimony

Brachial plexus injury cases require a detailed investigation to determine whether proper medical care could have prevented the injury. At Goldberg & Rosen, our brachial plexus injury lawyers in Miami work closely with leading medical experts, including obstetricians, pediatric neurologists, and orthopedic specialists, to thoroughly review your medical records and assess the birth circumstances. These experts help us build a strong case by providing testimony that highlights how medical negligence contributed to your child’s injury.

Securing Compensation for Long-Term Care

Children with brachial plexus injuries often require extensive medical treatment, including physical therapy, occupational therapy, and, in severe cases, surgery to repair damaged nerves. These treatments can be costly, and many families face significant financial strain when providing necessary care. At Goldberg & Rosen, we fight to ensure that you receive full compensation to cover these costs, as well as any future care your child may need.

Why Choose Goldberg & Rosen for Your Brachial Plexus Injury Case?

At Goldberg & Rosen, we have decades of experience representing families in birth injury cases, including brachial plexus injuries. We are known for our compassionate, client-centered approach and aggressive pursuit of justice for families affected by medical negligence. Our team is fully committed to helping you secure the financial resources you need to care for your child's future. When you work with us, you’ll benefit from:

  • Proven Success: Our legal team has a strong track record of securing substantial settlements and verdicts for families affected by birth injuries. We are dedicated to fighting for maximum compensation in every case.
  • Client-Focused Representation: We understand the challenges that come with caring for a child with a birth injury, and we provide personalized legal strategies tailored to your family’s specific needs.
  • No Fees Unless We Win: At Goldberg & Rosen, we operate on a contingency fee basis, meaning you won’t pay anything unless we win your case. This allows you to focus on your family while we fight for justice on your behalf.

If your child has suffered a brachial plexus injury due to medical negligence, you deserve justice. Contact Goldberg & Rosen today for a free consultation. Our experienced birth injury attorneys will review your case, explain your legal options, and fight to secure the compensation your family needs for your child’s care and recovery.

FAQ Brachial Plexus Injuries

What is a brachial plexus injury?

A brachial plexus injury occurs when the nerves controlling the arm, shoulder, and hand are stretched, compressed, or torn. These injuries typically happen during childbirth when excessive force is applied during delivery, especially in cases involving shoulder dystocia.

Can brachial plexus injuries be prevented?

Yes, many brachial plexus injuries are preventable with appropriate medical care. Doctors must monitor the size and position of the baby, recognize potential complications, and take steps such as recommending a C-section when necessary. Proper handling during delivery – especially in high-risk situations – can significantly reduce the risk of injury.

What kind of medical treatment does a child with a brachial plexus injury need?

Treatment depends on the severity of the injury. Mild cases may resolve with physical therapy. More serious injuries could require long-term therapy, surgery to repair torn nerves, or even orthopedic intervention. Ongoing care is often essential to improve mobility and function.

How can a lawyer help if my child has a brachial plexus injury?

An experienced attorney can investigate whether the injury was caused by medical negligence, gather expert testimony, and fight for compensation to cover your child’s medical costs, future care, and other damages. Legal guidance can make a significant difference in your family’s recovery.

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If you or a loved one has been the victim of negligence or misconduct, please do not hesitate to contact some of the most effective attorneys Miami has available at Goldberg & Rosen today to receive guidance about your legal options with a free and confidential case evaluation.

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