Plaintiff Alleges Brachial Plexus Injury Caused by Delivery Room Negligence
A lawsuit involving a brachial plexus injury has been filed by a resident of Brooklyn, New York. The plaintiff alleges that a series of negligent acts in the delivery room led her daughter to suffer serious birth injuries.
According to the complaint, the hospital staff at the Brooklyn Hospital failed to detect a number of potential issues during the delivery process, including cephalopelvic disproportion, fetal macrosomia and shoulder dystocia. Cephalopelvic disproportion is a condition that occurs when the size of the baby’s head is too large to fit through the mother’s birth canal. Failure of the labor to progress is often the first sign of cephalopelvic disproportion, which is typically addressed most safely by a Cesarean delivery.
Lawsuit claims medical negligence led to birth injury
Fetal macrosomia is a term used to describe a newborn that is significantly larger than average. The condition is often seen with mothers who are diagnosed with gestational diabetes. However, because the plaintiff’s diabetic condition went unrecognized during her pregnancy, and an ultrasound was never performed to accurately gauge the baby’s weight prior to delivery, fetal macrosomia was missed in the delivery room.
Shoulder dystocia is where the baby’s shoulder becomes caught in the birth canal, usually behind the mother pubic bone during the delivery process. When this condition is detected, special maneuvers are usually recommended to relieve the pressure on the affected shoulder and safely deliver the newborn vaginally. If maneuvers are not successful at dislodging the shoulder, a Cesarean delivery is typically recommended. When the condition is not properly detected and addressed, severe birth injuries can occur.
Birth weight not properly assessed
According to court documents, the medical staff also failed to accurately determine the weight of the baby prior to delivery and did not consider the option of a Cesarean delivery when potential problems began to appear. In addition, the delivery room personnel did not perform proper maneuver for facilitating delivery of a newborn with possible shoulder dystocia, instead applying unnecessary and excessive pressure on the baby’s head, neck and shoulder during the delivery process.
As a result of serious and sequential negligence on the part of the delivery room staff, the plaintiff claims she was unaware of the potential risks to her unborn child. The medical staff also failed to take proper precautions to protect the child, including the utilization of proper delivery room maneuvers or the consideration of a Cesarean delivery. As a result the child was born with significant birth injuries that caused right arm paralysis and Erb’s Palsy.
Brachial plexus injuries are caused by damage to the nerves that control the arm, shoulder or hand. Erb’s Palsy is a type of brachial plexus injury that can result in paralysis of the affected arm. In this situation, the plaintiff alleges her daughter’s injuries in the delivery room will result in permanent physical and mental suffering that will directly impact her quality of life. The plaintiff and her New York medical malpractice lawyer are now seeking damages to compensate for her daughter’s suffering and need for ongoing medical care.
Contacting a New York medical malpractice lawyer
Families with children who suffer birth injuries caused by medical malpractice are awarded large settlements every year to compensate for their children’s suffering and ongoing medical care. However, the burden of proof in malpractice lawsuits lies with the plaintiff. That is why it is so important for parents to have a lawyer experienced in birth injury cases on their side throughout the legal process.
The Sanders Firm understands the ongoing hardship of a birth injury. Our dedicated attorneys have more than four decades of experience working with clients in Brooklyn, the Bronx, Manhattan, Staten Island, Queens and Long Island to ensure justice is served on their cases.
If your child has suffered a brachial plexus injury and you suspect hospital negligence, contact The Sanders Firm today for a free evaluation of your case. Call toll free at 1-800-FAIR-PLAY (1-800-324-7752).