The Law Offices
of Jonathan B. Nelson, P.C. is experienced medical malpractice
law firm handling birth injury litigation & lawsuits. Parents
who have a child who was injured at birth and want to determine
what caused that injury (Cerebral Palsy, Brachial Palsy, Erb's
Palsy) and whether their child has a valid claim, should contact
medical malpractice lawyer for legal advice in New York City,
Brooklyn, Bronx, Manhattan, Queens, Staten Island and the outer
counties in New York. Click here
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BIRTH INJURY
» Common Causes of Birth Injury
- Failure to respond to or to recognize bleeding, which could
be abrupted placenta or fetal bleeding.
- Causing or failing to respond to umbilical cord entrapment
or compression of the cord (prolapsed cord).
- Failure to respond to fetal distress.
- Delay in ordering or misperforming C-section.
- Misuse of vacuum extractor or forceps.
- Misuse of the labor stimulating drug pitocin.
- Poor resuscitation and newborn care.
- Failure to prevent, recognize or treat infection.
» Neurological Signs of Birth Injury
- Floppy, depressed, pale or blue after birth.
- Seizures and neurological problems in first days of life.
- Permanent damage often including cerebral palsy, cortical
blindness and mental retardation or learning deficits.
» Cerebral Palsy
Cerebral Palsy is a group of disorders characterized by loss
of movement and/or loss of nerve functions. These disorders
are caused by injuries to the brain that have occurred during
fetal development or near or at the time of birth.
Causes, incidence, and risk factors
The incidence of cerebral palsy is approximately 2 to 4 individuals
for every 1000 births. Cerebral palsy results from injury to
the cerebrum (the largest portion of the brain, involved with
higher mental faculties, sensations, and voluntary muscle activities).
Cerebral palsy is sometimes related to birth
asphyxia and trauma. The cause of hypoxia (low oxygen) to the
damaged areas of the brain has not been sufficiently made clear,
but it is believed that there are predisposing factors occurring
during the development of the fetus that makes it more susceptible
to hypoxia. Premature infants have a slightly higher incidence
of cerebral palsy. Cerebral palsy may also occur during early
infancy as a result of cerebral injury caused by illnesses (encephalitis,
meningitis, herpes simplex infections, and so on), as well as
head injury during birth which can result in subdural hematoma,
blood vessel injuries, and others injuries.
» Brachial Palsy
The brachial plexus is a network of nerves
that conducts signals from the spine to the shoulder, arm, and
hand. Brachial plexus injuries are caused by damage to those
nerves. Symptoms may include a limp or paralyzed arm, lack of
muscle control in the arm, hand, or wrist, and lack of feeling
or sensation in the arm or hand. Although injuries can occur
at any time, many brachial plexus injuries happen during birth:
the baby's shoulders may become impacted during the birth process
causing the brachial plexus nerves to stretch or tear.
There are four types of brachial plexus injuries:
- avulsion, the most severe type, in which the nerve is torn
from the spine;
- rupture, in which the nerve is torn but not at the spinal
attachment;
- neuroma, in which the nerve has tried to heal itself but
scar tissue has grown around the injury, putting pressure
on the injured nerve and preventing the nerve from conducting
signals to the muscles; and
- neuropraxia or stretch, in which the nerve has been damaged
but not torn. Neuropraxia is the most common type of brachial
plexus injury
» Erb's Palsy
An Erb's Palsy injury can occur during the
child birth process as a result of the compression of the brachial
plexus nerves that control portions of arm function. Children
with Erb's Palsy have only limited use of the affected arm.
Often they develop arm length discrepancies as they grow. They
can require ongoing physical therapy, and, in some cases surgery.
Erb's Palsy can be caused by errors during
the child birth process. Failing to properly estimate the
weight
of a child, using excessive force during the delivery, and
failing to determine that the child's shoulders are too large
to fit
through the birth canal are only a few of the things that can
cause an Erb's Palsy injury.
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