Your baby is not moving one arm normally, and no one has given you a clear explanation. You may be wondering whether the injury was unavoidable or whether something went wrong during delivery.
A brachial plexus birth injury lawyer can investigate how the delivery team handled shoulder dystocia, fetal size concerns, difficult labor, and the baby’s condition after birth. The records may show whether excessive force, delayed decisions, or poor planning caused or worsened the nerve damage.
Brown & Barron represents Maryland families in serious birth injury claims.
Call Brown & Barron at (410) 547-0202 for a free, confidential consultation.
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What Is a Brachial Plexus Birth Injury?
A brachial plexus birth injury affects the network of nerves that controls movement and sensation in the shoulder, arm, wrist, and hand. The injury may cause temporary weakness or permanent loss of function.
How the Nerves Are Injured
The brachial plexus carries signals from the spinal cord to the upper limb. The National Institute of Neurological Disorders and Stroke explains that these nerves allow a person to raise the arm and move the hand and wrist.
During a difficult delivery, the nerves may be stretched, compressed, torn, or pulled away from the spinal cord. The location and severity of the damage determine which movements are affected.
Erb’s Palsy and Other Injuries
Erb’s palsy usually affects the upper brachial plexus. A baby may have weakness in the shoulder and upper arm while retaining more movement in the hand.
Klumpke’s palsy affects the lower nerves, while a total plexus injury may affect the entire arm. These diagnoses do not establish why the injury happened.
When Can a Brachial Plexus Injury Be Malpractice?
Brachial plexus malpractice may occur when the delivery team uses excessive force or fails to address a known risk, resulting in preventable nerve damage. Not every injury is caused by negligent care.
Excessive Traction During Delivery
Traction means pulling. Excessive pulling on the baby’s head or neck can stretch the nerves between the neck and shoulder.
The delivery notes may show whether providers continued unsafe traction after the shoulders became stuck.
Poor Shoulder Dystocia Management
Shoulder dystocia occurs when a baby’s shoulder becomes caught after the head is delivered. It is an emergency, but it is not automatically malpractice.
The question is whether the team used accepted maneuvers rather than unsafe traction.
Failure to Plan for Known Risks
A larger baby, maternal diabetes, a prior shoulder dystocia, or an assisted delivery may increase concern about a difficult birth. These factors do not always require a cesarean section.
They may require providers to evaluate the risks and prepare for complications. A brachial plexus injury attorney can have the plan reviewed.
The claim depends on what the providers knew, how they responded, and whether their conduct caused the injury.
What Can Cause a Brachial Plexus Birth Injury?
A brachial plexus injury can occur during a complicated birth even when providers act appropriately. Other injuries may follow preventable errors in planning or delivery technique.
| Possible Factor | When It May Raise a Malpractice Question | Evidence That May Help |
|---|---|---|
| Shoulder dystocia | The team used excessive traction or failed to use accepted maneuvers | Delivery and nursing notes |
| Large estimated fetal size | Providers failed to assess known risks or plan for a difficult delivery | Prenatal records and ultrasounds |
| Vacuum or forceps delivery | The device was used improperly or despite warning signs | Operative delivery records |
| Breech or difficult positioning | Providers failed to recognize the presentation or plan safely | Imaging and labor notes |
| Delayed cesarean section | A reasonable opportunity for safer delivery was lost | Decision and delivery times |
| Unavoidable stretching | The injury occurred despite accepted care | Complete medical record |
These factors identify questions for investigation, not conclusions. A qualified medical review is needed to determine whether the care met accepted standards.
SCHEDULE A CONSULTATIONWhat Signs May Point to a Brachial Plexus Injury?
Signs usually appear at birth or soon afterward because one arm does not move like the other. The exact pattern depends on which nerves were injured.
Parents or providers may notice:
- One arm hanging close to the body
- Little movement in the shoulder, arm, wrist, or hand
- A bent or rotated arm position
- A weaker grip on one side
- An absent or uneven startle reflex
- Reduced sensation in the arm
- Joint stiffness or limited motion
- Differences in arm length or muscle size over time
A fracture can cause similar signs, so medical evaluation is needed. Early documentation can also show whether function improves.
How Are These Birth Injuries Evaluated and Treated?
The child’s medical team determines the type and severity of the nerve injury. Repeated examinations may be needed because recovery becomes clearer over the first weeks and months.
Medical Evaluation
Doctors may examine strength, reflexes, sensation, joint movement, and arm use. Imaging or nerve testing may provide more information.
Therapy and Ongoing Care
Therapy may help maintain joint movement and prevent stiffness. Lasting weakness may require braces, orthopedic care, or surgery.
Why Follow-Up Matters
Some injuries improve substantially. Severe tears or nerve avulsions may cause permanent limitations.
Only the child’s medical team can recommend treatment or describe the likely outcome. A legal review asks a different question: whether preventable medical conduct caused the injury.
How Does a Brachial Plexus Lawyer in Maryland Investigate a Claim?
A legal investigation rebuilds the pregnancy and delivery timeline. The goal is to distinguish an unavoidable complication from a preventable departure from accepted care.
Reviewing Prenatal Risk Information
The legal team may examine:
- Maternal diabetes records
- Ultrasound estimates of fetal size
- Prior delivery history
- Notes discussing delivery risks
- Induction decisions
- The planned method of delivery
These records may show what the providers knew before labor began.
Examining the Delivery
Important evidence may include fetal monitoring strips, physician orders, nursing notes, operative delivery records, and the newborn examination.
The chart may identify shoulder dystocia, the maneuvers used, and how long the emergency continued.
Consulting Medical Professionals
The case may require input from obstetric, neurological, orthopedic, or therapy professionals.
A strong claim connects a specific failure to the nerve injury and documents the treatment and support the child may need.
SCHEDULE A CONSULTATIONHow Does a Maryland Birth Injury Claim Work?
A claim based on negligent delivery care is a medical malpractice case. Maryland requires families to complete specific steps before the case proceeds in court.
Medical Support Is Required
The family must generally show that a provider departed from the accepted standard of care and caused the injury. A qualified medical professional usually must support those conclusions.
Most claims begin with the Maryland Health Care Alternative Dispute Resolution Office and generally require a qualified expert certificate.
Filing Deadlines Must Be Reviewed Early
Under Maryland Courts and Judicial Proceedings Section 5-109, medical malpractice claims are generally subject to a three-year discovery period and a five-year outside period. Special rules affect claims involving children.
Court decisions affect a child’s deadline, while parents may have separate claims with different deadlines.
Evidence Should Be Preserved
Waiting can make fetal monitoring data, staff recollections, and other evidence harder to obtain. Medical review also takes time.
A child’s age should not be treated as a reason to delay. Early review protects the evidence and identifies any applicable deadlines.
What Compensation May Be Available?
Compensation may address treatment, functional limitations, and the injury's effect on the child’s future. The available damages depend on the severity and permanence of the condition.
Medical and Therapy Costs
A claim may include:
- Specialist appointments
- Physical and occupational therapy
- Diagnostic testing
- Nerve or orthopedic surgery
- Medication
- Braces and adaptive equipment
- Travel for specialized care
Long-Term Needs
Permanent weakness may require continued therapy, procedures, daily assistance, and school or workplace support. The claim may also address reduced future earning ability.
Personal Harm
Maryland law may allow compensation for pain, disability, disfigurement, and loss of normal arm function. Noneconomic damages are subject to statutory limits.
A complete evaluation should consider the child’s future, not only the bills already received.
Why Choose Brown & Barron for a Brachial Plexus Claim?
You need a firm that understands birth injury medicine and knows how to investigate hospital care. Your child’s case should not be one file among hundreds of unrelated claims.
Birth Injury Is a Central Practice
Brown & Barron focuses on medical malpractice, birth injuries, nursing home abuse and neglect, catastrophic injuries, and wrongful death.
Medical Knowledge Supports the Legal Work
Brown & Barron works with an in-house nurse paralegal and outside medical professionals to interpret prenatal risks, delivery maneuvers, and long-term needs.
Results Reflect the Resources Behind the Case
Brown & Barron has recovered more than $169 million for clients since 2017 and has received more than 235 five-star reviews.
Those figures reflect the resources to challenge a hospital while explaining the process clearly.
You receive the strength of an experienced medical malpractice team and the attention of a focused Baltimore firm.
SCHEDULE A CONSULTATIONMaryland Brachial Plexus Injury Questions
Parents often want to know whether the injury will heal and whether the delivery was handled properly. These answers address common questions.
Is Every Brachial Plexus Birth Injury Malpractice?
No. These injuries can occur even when the delivery team provides appropriate care.
A claim may exist when excessive traction, poor shoulder dystocia management, unreasonable planning, or another preventable failure caused the nerve damage.
Is Erb’s Palsy a Brachial Plexus Injury?
Yes. Erb’s palsy generally involves the upper nerves and affects movement of the shoulder and upper arm.
An Erb’s palsy lawyer investigates how the injury happened rather than relying on the diagnosis alone.
Can a Baby Recover From This Injury?
Some babies recover substantial movement, while others have permanent weakness. The outcome depends on the type and severity of the nerve damage.
The child’s medical team should evaluate recovery.
Does Shoulder Dystocia Prove Negligence?
No. Shoulder dystocia can happen unexpectedly and does not by itself prove malpractice.
The question is whether the team prepared for known risks and responded with accepted maneuvers rather than unsafe force.
What If the Hospital Calls the Injury Unavoidable?
An independent review can determine whether the records support that explanation or reveal excessive traction, delay, or poor preparation.
How Much Does It Cost to Hire Brown & Barron?
The initial consultation is free and confidential. Brown & Barron handles birth injury cases on a contingency fee basis, so attorney fees are paid only if the firm obtains a recovery.
A private review can determine whether the evidence supports a claim.
Speak With a Maryland Brachial Plexus Injury Attorney
You should not have to guess why your baby cannot move one arm normally. Brown & Barron can review the delivery and explain what the records show.
The firm can help by:
- Obtaining prenatal, labor, delivery, and newborn records
- Preserving fetal monitoring and electronic evidence
- Reviewing shoulder dystocia maneuvers and delivery timing
- Consulting qualified medical professionals
- Documenting treatment and future needs
- Completing Maryland’s filing requirements
- Preparing the case for settlement or trial
If your child was diagnosed with Erb’s palsy or another brachial plexus injury after a difficult birth, Brown & Barron can determine whether preventable medical conduct caused the harm.
Call Brown & Barron at (410) 547-0202 for a free, confidential consultation.
SCHEDULE A CONSULTATIONRestoring Lives. Restoring Justice.
Brown & Barron, LLC · 7 St. Paul Street, Suite 800, Baltimore, MD 21202 · (410) 547-0202
This page provides general information and is not medical or legal advice. Speak with your child’s medical team about diagnosis and treatment, and with a licensed Maryland attorney about your legal circumstances.