A brachial plexus injury has prompted a Chicago mother to file a birth injury lawsuit on behalf of her child. The plaintiff in the complaint alleges a series of missteps by her physician and medical staff led to her child’s injuries after birth. The plaintiff is now seeking damages for her child’s birth injuries, to compensate for medical bills, lost wages, and the pain and suffering of her child.
Lawsuit alleges brachial plexus injury
The recent birth injury lawsuit was filed in Cook County Circuit Court on February 28, 2013, by a mother who states she discovered she was pregnant in November, 2005. From that time forward, the mother was under the care of Dr. Brian Foley, an obstetrician practicing in the Chicago area. Unfortunately, alleged negligence on the part of Dr. Foley led to the injuries in the plaintiff’s newborn child, according to the complaint.
During the plaintiff’s pregnancy, she claims Dr. Foley failed to recognize signs of gestational diabetes, or provide proper management for the condition. Dr. Foley also failed to recognize that the fetus grew to an abnormally large size, which can be a result of gestational diabetes in some expectant women. As a result, Dr. Foley delivered the plaintiff’s baby via vaginal delivery using suction, rather than by cesarean section.
The plaintiff claims her daughter was born with a brachial plexus injury on June 24, 2006. Brachial plexus injuries involve the network of nerves at the base of the neck that control movement in the arms and hands. Injuries to this nerve network can be quite serious, resulting in debilitating conditions like Erb’s palsy and total brachial plexus palsy. In these situations, the arm may be completely paralyzed or otherwise damaged so it is cannot be used properly.
Birth injuries may result from medical malpractice
Brachial plexus injuries may occur during the delivery of a child, when the obstetrician excessively stretches or strains the nerve network. This can occur when the baby becomes lodged behind the mother’s pubic bone during birth. Risk of brachial plexus injury is also higher for unusually large babies or during deliveries using suction or forceps.
The cause of brachial plexus injuries can be attributed to medical negligence at times. A physician may fail to accurately assess a baby’s weight before birth, which can lead to attempts at a vaginal delivery when a cesarean delivery might be safer. Medical staff may also use excessive force during the delivery, or fail to recognize warning signs and respond properly during the labor process. These missteps can lead to a lifelong, debilitating injury for some infants, and an ongoing financial strain for the family.
In this Illinois lawsuit, the plaintiff states that her child will continue to suffer from permanent injuries as a result of mistakes made during her delivery. The plaintiff is seeking damages against the physician and the hospital where the delivery took place, in excess of $50,000.
Medical malpractice lawyers can help provide legal recourse
If your child has suffered a birth injury through what you believe to be medical negligence or doctor error, help is available. Medical malpractice lawyers at Balkin and Eisbrouch have more than four decades of experience representing clients in birth injury cases. Call us today for a free evaluation of your case.
Resources
Resources
- Brachial Plexus (Erb's Palsy) http://www.assh.org/Public/HandConditions/Pages
- Brachial Plexus Injuries http://www.mayoclinic.org/brachial-