A. Birth injury malpractice is a specific type of medical malpractice referring to negligence relating to the delivery of babies, including premature babies. A birth injury malpractice attorney focuses on proving whether a medical professional involved with the care of the baby, such as a physician, physician’s assistant, family doctor, nurse or midwife, failed to follow the acceptable standards of care, resulting in an error and injuries. Any care which fell below the standard of care of a reasonably prudent health care provider may give rise to a cause of action for medical negligence.  In delivering a baby, for example, a mid wife is held to the same standard of care as an OB-GYN.

Q.  Are birth injuries common?

A. Less than 1/2 of 1% of all deliveries result in a birth injury. This equals about 5 births out of every 1000.

Q. Are all birth injuries permanent?

A. Fortunately, many birth injuries do not result in permanent injury. Many newborns can recover from injury from recovering within a few weeks or months of birth. Common examples of this type of birth injury include bruises, broken blood vessels in the eyes, facial paralysis and collarbone fractures. Unfortunately, some birth injuries result in damage that is lifelong. Brachial plexus palsy and cerebral palsy are among the most common of the severe birth injuries.

Q. What is brachial plexus palsy?

A. If during delivery the baby’s shoulder lodges on the mother’s pelvic bone, it is essential for the doctor to follow appropriate procedures while relieving and releasing the shoulder. If he/she does not do so, paralysis of the shoulder, arm and hand can occur. Erb’s Palsy involves paralysis of the shoulder and upper arm. When only the lower arm, wrist and hand are paralyzed, the brachial plexus palsy is called Klumpke’s Palsy.

Q. How soon is brachial plexus palsy apparent?

A. The damage is seen immediately and requires prompt treatment. In many cases, if treatment is appropriate, the damaged nerves heal on their own, avoiding permanent impairment.

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If you or a loved one of yours has been victimized by some type of medical malpractice in Washington State we can help you. Contact an Everett, WA medical malpractice lawyer at our firm today to learn more, free of charge.