Many Shoulder Dystocia, Brachial Plexus and Erb’s Palsy injuries are caused by medical negligence, as there are well-known and easily established risk factors, and effective protocols for managing the situation to prevent injury to the baby.

Failing to follow established protocols when the problem presents itself during delivery, or the excessive or inappropriate use of forceps or vacuum, are common causes of injury, as is failure to arrange a Caesarean section in cases where shoulder dystocia should have been anticipated.

Although many brachial plexus injuries resolve themselves completely within a few months, a significant percentage of babies will end up with a permanent disability. There is also evidence that injuries thought to be mild or temporary at birth may result in deformities and disabilities that do not completely manifest until later in life.

If you child has suffered a brachial plexus injury, you may have a medical malpractice claim and may be able to receive compensation for your child and your family. Talking with an attorney who is experienced in Shoulder Dystocia, Erbs Palsy and Brachial Plexus injuries can help you determine if you have a case.

Birth injury cases can be very challenging to prosecute for a variety of reasons, including the difficultly of determining who was responsible for what actions when a team of professionals are present for the birth, the difficulty of getting doctors to testify as experts against each other, and the ambiguity of medical records which often improperly indicate who delivered the baby. The doctor will almost always claim that the facts did not indicate Shoulder Dystocia or that the injuries were not related to the doctor’s acts.

In pursuing a Shoulder Dystocia or Brachial Plexus claim, it is important for you to choose a law firm with experience in these kinds of cases. For guidance in choosing a law firm to represent you, please see Choosing An Attorney.

Or feel free to call or e-mail us with any questions you may have.