Operative Vaginal Deliveries
The use of birth-assistive devices also appears to increase the risk for fractured collarbones. To speed up long and difficult deliveries, many obstetricians turn to medical instruments, most notably forceps and vacuum extractors, and perform an “operative” vaginal delivery. As in the case of manual interventions, these tools must be used very carefully, especially forceps, which are associated with a significant risk for birth injuries. One small error, one wrong move with forceps can leave a child suffering from permanent nerve damage.
What’s The Danger?
In most children, a broken clavicle will heal of its own accord over time. Babies have immature bones, softer than the bones in adults, that bounce back quickly after being damaged. The main risk of a broken collarbone is that the brachial plexus, a network of nerves that controls the arm, will be damaged, too.
Brachial Plexus Damage
The brachial plexus sits close to the collarbone, so any injuries inflicted on the clavicle can also come to affect the nerves. Brachial plexus injuries are common in children who have suffered broken clavicles. Unfortunately, these injuries can also be severe.
The brachial plexus, as we just noted, is a network of nerves. It runs from the spinal cord across the upper chest and down the arm on both sides. We have the brachial plexus to thank every time we move our arms, hands and fingers. Damage to the brachial plexus can lead to permanent paralysis or muscle weakness.
Does A Broken Clavicle Hurt My Baby?
In most babies, a broken collarbone is first noticed because the child begins to cry, in response to the pain of their fractured clavicle. You might notice that your child has trouble moving their arms, or that they seem to experience pain (and cry a lot) when you pick them up under their arms.
To confirm a diagnosis, doctors will take an x-ray of the collarbone to analyze evidence of the break and determine its nature. If nerve damage is suspected, your physicians can perform a range of tests to understand the injury in detail. Electromyography is a simple method that uses thin needles, inserted into a muscle, to measure the amount of electricity flowing from the nerves. Magnetic resonance imaging, or MRI, can also be used to gain a picture of the nerves.
Treatment & Therapy
Most children won’t need any treatment after suffering a broken collarbone. Eventually, the bone should heal on its own, though some parents will be instructed to stabilize their child’s arm (usually by pinning their baby’s sleeve to the front of their shirt) so it doesn’t move around during the healing process. Recovery times tend to be short.
Is Every Broken Bone The Result Of Medical Negligence?
No. Sometimes babies suffer birth injuries through no fault of an obstetrician, nurse or other medical professional. Try as they might, doctors can’t prevent every birth injury. That’s true even for the most experienced, highly-educated physicians. Injuries happen; delivering children is a complex medical situation, with many risks. That’s not always the case, though. Some broken clavicles are caused by medical malpractice.
The Elements Of A Malpractice Suit
Doctors, nurses and midwives make mistakes. Some mistakes go on to cause intense suffering and severe damage. In some cases, medical professionals can be found liable for committing medical negligence, a careless disregard for the safety of patients. Medical negligence is at the core of every malpractice claim.
To prove medical negligence, your legal team will first be tasked with defining the standard of care. This is what your doctors, nurses and other medical professionals should have done under the circumstances, given your pregnancy risk factors and complications. For example, in cases when a child is very large, and may be injured by traveling through the birth canal, an emergency c-section may be the best option to preserve health.
Violating The Standard Of Care
Next, your attorneys will work together with independent medical experts to understand how your birth team deviated from the standard of care, violating accepted medical practice and broaching protocol. In our example, attempting a vaginal delivery with a very large baby may be a violation of the standard of care, given the severe risks of shoulder dystocia, oxygen deprivation and a broken collarbone.
Causation & Damages
Defining the standard of care and how it was violated is key in a medical malpractice lawsuit. Doctors who violate the standard of care are said to have been medically negligent. After determining how your medical team breached the standard of care, your attorneys will go on to prove that the violation of the standard directly caused your child’s injuries. Then your attorneys will begin to outline how your child and family were harmed by the injury, to arrive at financial damages that can be claimed in the lawsuit.
The Bottom Line
All medical professionals have a sworn obligation to provide their patients with adequate care. Doctors, nurses and hospital staff members are bound to perform their duties in accordance with the accepted standards of the medical profession, standards that can change from patient to patient. Healthcare professionals who deviate from these norms, causing harm to a patient, can be held accountable for their negligence in a civil lawsuit. All of this holds true when a child is the one who was injured.
Learn More About Filing A Lawsuit
As a parent, you may have the right to pursue a birth injury lawsuit on behalf of your child’s interests. If a doctor’s violation of accepted medical standards led to your child’s injuries, your family may be entitled to financial compensation, including damages to cover your past and future medical expenses.
Do you believe that a doctor or nurse’s mistake allowed your child to suffer harm? You need to speak with an experienced attorney immediately. You may be eligible to pursue justice by filing a birth injury lawsuit, but your time may be limited. Medical malpractice lawsuits are bound a strict statute of limitations, a state law that limits the amount of time your family has to file suit. Don’t wait to learn more. Your family has powerful legal options.
To learn more about your legal options, along with case eligibility, contact the experienced medical malpractice attorneys at Birth Injury Advocate today. Our lawyers can help. Receive a free, no obligation consultation now.