Brachial plexus injuries are among the most serious types of injuries a newborn can sustain due to a difficult delivery. According to the Mayo Clinic, factors that increase the chances of nerve damage in the neck and shoulder area during labor and delivery include prolonged labor, breeched presentation, and a high birth weight.
A severe injury that causes considerable damage can result in neonatal brachial plexus palsy (NBPP), which is characterized by partial or total paralysis of the arm. ScienceDirect reports that the incidence of NBPP in the United States is approximately 1.5 per 1,000 live births.
Since NBPP can be the result of a preventable birth injury, it is not uncommon for parents of infants who have the condition to file medical malpractice lawsuits against the obstetrician who delivered the baby. If you are being sued for a brachial plexus injury or NBPP, it is critical to start devising your defense immediately
The medical malpractice defense lawyers at Lubell Rosen will investigate your case and gather all available evidence to defend your interests. Our attorneys know what it takes to defend against claims arising from brachial plexus injuries, and we will use our extensive knowledge and courtroom experience to fight for the best possible outcome for your case. Call (954) 880-9500 to schedule a case evaluation with a Florida medical malpractice defense attorney.
How Do Obstetricians Defend Against Malpractice Claims Involving Brachial Plexus Injuries?
There are countless factors that can affect pregnancy, labor, and delivery—many of which are out of the obstetrician’s control. Although infants can sustain serious birth injuries or conditions such as brachial plexus palsy as the direct result of a physician’s negligence, there are many other scenarios in which complications arise despite the obstetrician providing exceptional care.
When it comes to defending against malpractice claims involving NBPP, it must be shown that a reasonable physician with the same specialization would have acted the same way in the same situation. This requires evidence that the obstetrician used accepted procedures and standards of care during labor and delivery. The specific facts that will contribute to the defense will depend on the particular circumstances of the case.
In general, defenses against these claims involve proving that:
- The nerve damage occurred in utero
- The obstetrician used gentle traction to guide the baby through the birth canal; and
- The amount of force applied was necessary to prevent more serious complications from arising due to oxygen deprivation
Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida
If a past patient has named you in a lawsuit following a complicated delivery, contact the AV-rated medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation.
