New York Brachial Plexus Palsy Lawyers – Erb’s Palsy Attorneys

The brachial plexus is a series of nerves that proceed from the armpit region and wrap around the front of the shoulder, extending through the neck and into the upper spine.  Brachial plexus injuries can result from a number of different types of injuries, including motorcycle accidents and other accidents in which a person was thrown hard onto their shoulder, and in the course of a birth, both of which can result in over-stretching of the brachial plexus nerve network.  Such over-stretching can lead to significant and permanent injury, injury including paralysis.

Brachial Plexus Injury During Birth

During the birth process, the physician must use extreme care in the delivery so that damage does not occur to the infant.  Often, physicians are faced with situations involving shoulder lodging of the fetus or another inappropriate position (including a breech position), which can make the birth process more difficult.  Large babies also present delivery issues, as it may be much more difficult for a vaginal birth.

Physicians must take into account the particular circumstances of the birth and act with the appropriate care under the circumstances.  Prior to the birth, it is important that the physician determine whether the baby is in a breech position, which may necessitate a Cesarean birth (or which may be an indication that the birth may be complicated or at increased risk).  During the birth process, the physician must:

  • Take due care to prevent shoulder lodging, and, if shoulder lodging has already occurred, to take whatever action is appropriate to remedy such situation, if possible; and
  • Not place excessive pressure on the head of the newborn through their hands, vacuums, or forceps.

When children are born, we place our faith  and trust in physicians to use the full degree of care that they have learned in helping our newborns be delivered without injury whenever possible.  We expect them to be experts in using vacuums, forceps, and other techniques to safely deliver newborns, and to not cause injury in the process.

Tragically, in some cases, physicians fail to use the degree of care that is expected of them.  When they fail in this regard, our precious children are injured – often severely and for life.

For more information please read, “Cerebral Palsy Statistics,” and “Causes of Cerebral Palsy.”

If Your Son or Daughter Has Suffered Brachial Plexus Injury During Birth, Please Call Us

In order to recover, it is critical that a full understanding and investigation be undertaken of the birth process in order to determine whether medical malpractice occurred.  At our firm, as New York birth injury attorneys, we have long represented clients in birth injury cases.  We work tenaciously in seeking to determine the truth behind the injuries and conditions that our clients have suffered, and, when the injury is the result of medical malpractice or negligence, we will seek to hold all of those accountable for the injuries sustained.

We offer a free consultation so that you can learn about the avenues that may be available for seeking compensation once we learn about the nature of your case. As we accept cases on a contingency fee basis, there is no fee to us unless and until we are successful in recovering compensation.

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