Law Offices of Dr. Bruce G. Fagel, Medical Malpractice Attorney
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Traumatic Brain Injury

Traumatic injuries to a baby will usually occur during a vaginal delivery as a result of the improper use of a vacuum or forceps to deliver the baby’s head. These instruments can cause direct injuries to the baby’s head and brain, and in some cases, lead to death. The most common type of traumatic birth injury involves a stretching of the nerves of the brachial plexus, which is known as an Erb’s Palsy. This injury is usually a result of the baby’s size in relation to the birth canal. Whenever such a cephalo-pelvic disproportion (CPD) is diagnoses or suspected prior to delivery, the obstetrician will usually decide to delivery the baby by cesarean section. However, when such a baby is delivered vaginally, the delivery process will be difficult and prolonged, with evidence of a shoulder dysyocia. Once the head is delivered, the obstetrician can cause injury to the nerves in the baby’s neck (Brachial Plexus) by pulling and turning the head in an attempt to complete the delivery process. If the doctor’s twisting and turning of the head is with sufficient force, the nerves to the arm can be avulsed, or pulled out of, their attachment to the spinal cord. More often, these maneuvers result in a stretching or tearing of the nerves and over time, there can be some recovery. It can often take nine months after delivery to fully assess the degree of permanent injury.

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