During a difficult delivery and when there mistakes are made by doctors or other medical professionals, injuries to newborns can occur. One of the most common birth injuries is damage to the Brachial Plexus. The brachial plexus is a bundle of nerves that lies between the neck and the shoulder. Brachial plexus injuries result in numerous disabilities ranging from mild to severe, but the most common is called Erb's palsy.

Brachial Plexus injuries can be caused when the baby is born with shoulder dystocia. Shoulder dystocia is one of the most dreaded birthing experiences an obstetrician can face. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. Not knowing how to properly deliver a baby with shoulder dystocia can be catastrophic, and this type of medical malpractice is especially tragic because an innocent baby is the victim.

There are several ways damage to the brachial plexus nerves can manifest itself in newborns:

• Horner's Syndrome is caused by damage to the sympathetic nervous system and results in eyelid droop and a smaller pupil.
• Klumpke's Palsy is paralysis of the thoracic nerves and caused the hand to be limp with immovable fingers.
• Complete Brachial Plexus Palsy occurs when all five nerves of the brachial plexus are affected; the entire arm will be paralyzed.
• Erb's Palsy results in your newborn being able to move one arm but not the other. Most infants born with this condition will recover both movement and sensation in the affected arm without surgery, but if the nerves don't recover on their own, your child may require surgery or other treatments.

A brachial plexus injury usually causes intense pain from the neck down on the affected side. People with brachial plexus injuries sometimes report the arm has a pins and needles sensation or feels like it is on fire.

Other symptoms include:

• Loss of strength in the affected arm or hand
• Limp or paralyzed arm
• Lack of muscle control in the arm, hand or wrist
• Lack of feeling or sensation in the arm or hand
• Eyelid droop and small pupil
• An internally rotated and abducted arm and wrist
• Scapular winging
• Phrenic nerve damage

It is estimated that one or two out of 1,000 babies will be born with a brachial plexus injury. Most shoulder dystocia and Erb's palsy injuries are caused by medical negligence as there are effective ways of managing this birthing situation to prevent injury. Many times, shoulder dystocia can be anticipated, and Caesarean sections should be arranged but are not due to medical negligence.

Many brachial plexus injuries are the result of medical malpractice and require the services of an attorney. If you believe your child was injured due to the negligence of a health care professional, there is legal help available to you. Our birth injury attorneys have extensive experience representing victims of brachial plexus injuries and have offices conveniently located in

If you would like to learn more about your child's birth injury and what legal action you can take, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.

When speaking and reading about medical malpractice and medical negligence, we often hear the words "standard of care." In tort law, standard of care is the degree of prudence and caution required of a medical professional who is under a duty of care. A breach of standard of care is necessary to prove medical negligence.

Legally speaking, standard of care is how similarly qualified practitioners would have managed the patient's care under the exact same or similar circumstances. A medical malpractice plaintiff (and his legal team) must establish the appropriate standard of care and demonstrate that the standard of care had been breached by defendant (medical professional).

Birth Injury

Sometimes the joy of childbirth fades quickly when parents realize there may be a problem with the delivery of their child. One of the most common types of birth injuries is called a Brachial Plexus Injury. The brachial plexus is a network of nerves that conducts signals from the spine to the shoulder, arm and hand. When those nerves are damaged, brachial plexus injuries occur.

How Do Brachial Plexus Injuries Occur?

During childbirth, shoulder dystocia may occur causing a very difficult delivery. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. The rest of the baby does not follow the head easily out of the vagina as it usually does during normal deliveries. When a baby's shoulders become impacted during delivery, the brachial nerves stretch or tear.

Medical Error

Brachial plexus birth injuries are typically the result of medical negligence, and they often can be prevented. Failure to properly estimate the baby's weight, perform a c-section when necessary, recognize cases of gestation diabetes, and use of excessive force during delivery can all result in brachial plexus birth injuries.

It is estimated that one or two out of every 1,000 babies is born with a brachial plexus injury. One of the most common brachial plexus injury is called Erb's palsy and results in your newborn being able to move one arm but not the other. Most infants born with brachial plexus injuries will recover both movement and sensation in the affected arm without surgery, but if the nerves do not recover on their own, your child may require surgery and/or other treatments.

Limited Treatment Options and Long-term Damage

If your baby does not recover from his brachial plexus injury, your doctor should examine him at one-month-old and three-months-old. If there is no change over the first three months, nerve surgery may be recommended; however, nerve surgery will not restore normal function in infants older than one year. Because nerves grow at a rate of an inch per month, it may take months or years for nerves repaired at the neck to reach the muscles of the lower arm and hand.

Children who suffer birth injuries may live with the following:

• Paralysis of the shoulder, arm and/or hand
• Loss of feeling in the shoulder, arm and/or hand
• Hand which does not function properly
• Limp hand or fingers
• Shorter than normal arm
• Rotated arm
• Winged shoulder blade
• Downward sloped shoulder
• Flexed elbow
• Atrophy of the deltoid, biceps, and brachialis muscles

If you would like to learn more about your child's birth injury and what legal action you can take against medical professionals, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.