A mother from Pennsylvania has filed a birth injury lawsuit against a doctor and a state-chartered healthcare facility, Delaware Valley Community Health, doing business as Maria de los Santos Health Center (MSHC).

The young mother filed her complaint as the guardian of her child, whom she claims suffered grievous bodily harm as a result of the negligence of Dr. Turner. The birth injury lawsuit claims that medical malpractice during the labor and delivery of her minor child led to permanent, disabling injuries.

According to the birth injury malpractice lawsuit, Dr. Turner used information provided by other medical providers and did not perform a pelvic and abdominal examination before beginning delivery. Instead, Dr. Turner administered a vacuum delivery, which had not been discussed with his patient, the birth injury lawsuit alleges.

After Dr. Turner delivered the baby with a vacuum extractor, he diagnosed the child with a severe shoulder dystocia. He was also found to have a left global brachial plexus injury, leaving the infant without movement in the left arm. Several months following the birth, there was still no function to the baby’s arm. Another doctor found complete avulsion upon performing an exploratory surgery of the left brachial plexus, for which he performed microscopic nerve graft surgery. However, despite the surgery, the baby has suffered a permanent injury and is expected to have little use of the extremity for his lifetime, according to the birth injury lawsuit.

In this birth injury malpractice lawsuit, the mother is demanding compensation for her child’s severe and permanent neurologic injury, past and future pain and suffering, and past and future medical expenses.

Can Medical Malpractice Cause Brachial Plexus Palsy?

Medical malpractice refers to the failure of a medical professional to adhere to the level of care, skill, and treatment that other practitioners would provide in similar circumstances. Negligence can include both acts and omissions in attending to the patient which, during delivery, includes both the mother and child. Although there are many causes of brachial plexus palsy, failure on part of a doctor or staff in adhering to the standard of care expected in the medical community can put the child at risk for serious injury.

Brachial plexus palsy is a condition that can be anticipated and potentially prevented if a doctor’s full attention is given to the case. When a doctor fails to monitor the child in the hours and days leading up to the birth, and the child is injured as a result, he or she may be liable for any resulting damages. Immediate causes of brachial plexus palsy include:

• Failure to Prevent Shoulder Lodging
• Excessive Pressure on the Infant’s Head
• Improper Use of Vacuums
• Improper Use of Forceps
• Breech Births

Indications of negligence on part of the medical team may include:

• Failure to recognize the large size of the child in the womb
• Failure to recognize fetal distress or positioning in the womb
• Failure to act on any changes in the mother’s condition during childbirth
• Failure to recognize and attend to, or causing, the umbilical cord being compressed or entrapped
• Misuse of labor-stimulating drugs
• Failure to order a Cesarean section in a prompt and timely manner
• Poor care and resuscitation of the newborn after birth

Birth Injury Malpractice

Brachial plexus injuries are particularly prevalent in delivery rooms today. The brachial plexus is the group of nerves that coordinate impulses sent from the spine to the shoulder and extremities. They can cause permanent complications such as pain, stiff joints, loss of feeling, muscle atrophy, and disability.