While the birth of a child should always be a joyous time, the reality is that some babies suffer injuries during the birthing process. Sometimes, these injuries occur as a result of the negligence of the doctor in charge of the delivery. One type of injury is known as a brachial plexus injury. These injuries often occur as a result of forceful pulling or tugging during delivery, resulting in damage to the infant’s brachial plexus nerves. Complications can be severe, long-lasting, and costly.
Pursuing a Claim After a Brachial Plexus Birth Injury
In most cases, it is the parents or legal guardians of the injured baby that can pursue a claim for damages following a brachial plexus injury. In order to pursue the claim, the parents or guardians must meet the following conditions:
- A doctor-patient relationship existed with the physician at the time that the brachial plexus injury occurred. The doctor responsible for the delivery of the baby generally meets this criterion. A physician providing medical advice during the course of an informal conversation, however, may not.
- The doctor acted with negligence while the mother was under his or her care. If medical negligence cannot be demonstrated, a claim will not be successful.
- The negligence of the doctor must have caused the baby’s brachial plexus injuries. The infant’s injuries cannot have occurred somewhere else or be due to some other cause, even if the doctor later acted with negligence.
If your baby was injured during the birthing process, we are here to help. We have advocated on behalf of many clients in order to help them obtain the compensation that they deserve. We encourage you to learn more by checking out our client testimonials page today.