The brachial plexus is a number of nerves running from the spine and proceeding through the neck and armpit region into the arm. The brachial plexus supplies the arm with nerve impulses. If a baby’s head and neck are twisted during natural childbirth, these nerves may be stretched or damaged, resulting in lasting injury, such as partial or complete paralysis of the arm on the affected side of the body. This condition is referred to as Erb’s palsy.
When a baby is too large to fit through the birth canal, the attending doctor should take immediate action to facilitate delivery, such as performing a c-section. If it is too late for a caesarean section, the obstetrician should carefully maneuver the baby and work to protect the brachial plexus. When a doctor does not recommend a c-section or is negligent in maneuvering the baby, such as stretching, pulling, avulsing, or actually pulling the brachial plexus nerves out of the sockets in the spinal cord, permanent brachial plexus injury may result.
When there is an injury to the brachial plexus, then the baby is born with what is called brachial plexus injury or erbs palsy. A baby with brachial plexus can be identified, as the arm is immediately noticed to be limp and weak, and if it doesn’t recover, the baby is left with a permanent injury, in which he or she can never move their hand or arm. This can result in life-long injuries and disabilities to the child.
When Bruce Fagel presents a
medical malpractice case to the jury, we have to explain the anatomy of a baby, the abnormalities that the doctor was faced with, and what the doctor did to actually cause the injury to the child. If the jury understands how the injury occurred, they are more likely to understand why it was negligent.