Minneapolis Facial Nerve Injury or Paralysis Lawyer
A shoulder injury during delivery usually causes Erb’s palsy, which is a nerve injury in the brachial plexus bundle under the baby’s arms. “Palsy” means a complete loss, or mostly complete loss, of muscle function. The affected muscles usually include face and shoulder muscles. Newborns sometimes develop Erb’s palsy during a difficult vaginal childbirth, or even during a cesarean section. During delivery, healthcare providers sometimes must move babies’ heads to one side to make room for delivery of their shoulders. In some cases, the stretching of the nerves causes damage, possibly even tears. This type of Erb’s palsy is also called a brachial plexus birth palsy, obstetric brachial plexus palsy or brachial plexus birth injury.
The compassionate Minneapolis facial nerve injury or paralysis injury lawyers at Wais, Vogelstein, Forman, Koch & Norman understand the intense pain and suffering these families must endure. Many of the people on our professional team have loved ones who are living with similar birth injuries. So, we work extra hard to obtain maximum compensation in these cases. The available compensation helps families meet the extraordinary financial cost of these injuries and also helps them carry on with their lives.
What Causes Infant Facial Paralysis?
An unfavorable fetal position during pregnancy or an incident during a vaginal delivery usually causes Erb’s palsy in an infant. Both causes usually involve some form of medical negligence.
Various tests, including advanced ultrasounds, clearly show the baby’s position in the womb. If the baby is in the wrong position, various repositioning techniques and exercises are available. If these attempts fail, and the baby is not extremely premature, a C-section delivery is usually the best option.
Many doctors hesitate to perform radical interventions, like a C-section. But if that’s what is best for mother and baby, the law requires doctors to move forward in this area.
Excessive pressure on the shoulder during delivery could also cause Erb’s palsy. Frequently, the baby’s shoulders are so large that the infant cannot naturally drift down the mother’s birth canal. This condition is known as SD (shoulder dystocia). Frequently, doctors grab the baby’s arm and try to pull the baby out of the mother’s womb. Mechanical birth aids, like forceps and vacuum extractors, could cause a similar nerve injury.
Doctors have a fiduciary duty in this area. They cannot ignore red flags during the prenatal process, and they cannot perform risky maneuvers during delivery.
Compensation is available if a Minneapolis facial nerve injury or paralysis lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Usually, an independent expert establishes the standard of care in this area. This standard usually includes careful monitoring and avoiding risky interventions. Because of the aforementioned fiduciary duty, there is usually no such thing as a medical “accident.” Instead, almost any misstep is medical negligence.
Various negligence defenses, such as comparative fault and assumption of the risk, are often available in these claims. Comparative fault essentially shifts blame for a birth injury from the tortfeasor (negligent party) to the victim. Assumption of the risk usually revolves around a waiver that the mother must sign as part of the labor and delivery process.
Reach Out to a Compassionate Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced facial nerve injury or paralysis lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. You have a limited amount of time to act.