Birth Injuries Frequently Asked Questions

Birth Injury? Call the Potts Law Firm Today

Founded in 2002 by attorney Derek Potts, the Potts Law Firm has a winning combination of proven legal experience, energy and enthusiasm.

Our aggressive advocacy on behalf of our birth injury clients has earned the respect of our peers.
Potts’ legal knowledge and expertise has earned him leadership positions in several national litigations.
Our accident and injury lawyers have obtained significant verdicts and settlements on our clients’ behalf and successfully resolved hundreds of catastrophic injury cases.

Let our injury and accident lawyers put our legal experience and energy to work for you. For a free evaluation of your birth injury claim, contact us toll free at (800) 220-9341 or use our online contact form.

Based in Kansas City, Missouri, the Potts Law Firm provides a free initial consultation to accident victims in Kansas City, Missouri; Independence, Missouri; Lee’s Summit, Missouri; Overland Park, Kansas; and Olathe, Kansas.

Frequently Asked Questions

I had a difficult delivery and my baby has some palsy in one of its arms and hands. Is the doctor to blame for that?
Are large babies more prone to birth injuries?
Is there more than one kind of brachial plexus injury?
Is shoulder distocia a common condition?
My baby was born with Erb’s Palsy and my doctor said it’s a common condition. I’m wondering if my doctor could have done something to prevent this?

I had a difficult delivery and my baby has some palsy in one of its arms and hands. Is the doctor to blame for that?

It is possible that your doctor made an error that caused a birth injury to your baby. Some conditions occur naturally. And some birth injuries, such as brachial plexus injuries, are caused by a doctor’s failure to foresee problems with a delivery and act to avoid them. But the complete answer is that we can’t say for sure whether a doctor is potentially liable without a careful review of your medical records.

One thing we can say definitely is your doctor is unlikely to volunteer that they made a mistake that caused a birth injury. To glean that information, you should consult a knowledgeable birth injury attorney and have an evaluation of the circumstances of your baby’s birth injury.

Are large babies more prone to birth injuries?

 

Generally speaking, large babies do present complications with delivery and are more prone to a difficult vaginal delivery. That is why your obstetrician should have asked you whether you have a history of having large babies and monitor whether you develop conditions during pregnancy that can cause oversized babies. If an oversized baby’s shoulders get stuck in the birth canal, the doctor may try to use mechanical force on the baby to deliver it. That can cause a birth injury.

Is there more than one kind of brachial plexus injury?

 

Yes, brachial plexus birth injuries typically occur when a baby with wide shoulders gets stuck behind the mother’s pubic bone, requiring the doctor to use force to extract the baby.  The birth injuries range in severity from stretching of the nerve fibers which can cause weakness in the arm and hands, to scar tissue damage, to complete tears of the nerve from the spinal column, requiring surgery to reattach.

Is shoulder distocia a common condition?

 

This complication occurs in about one of every seven vaginal births when an oversized baby’s shoulders get stuck behind the mother’s pubic bone. Shoulder dystocia can result in a variety of birth injuries including Erb’s Palsy, Klumpke’s Palsy, Cerebral Palsy and skeletal fractures.

My baby was born with Erb’s Palsy and my doctor said it’s a common condition. I’m wondering if my doctor could have done something to prevent this?

 

It is correct that Erb’s Palsy is, in fact, one of the most common birth injuries. Erb’s Palsy is the most frequently observed type of brachial plexus injury. One or two of every 1,000 babies born develop Erb’s Palsy, according to the American Academy of Orthopedic Surgeons. Erb’s Palsy is usually caused by the nerve fibers in the neck and shoulder being stretched during a difficult birth, a breech presentation birth or a prolonged labor. An experienced birth injury lawyer can evaluate your medical records and determine whether a doctor’s error contributed to your baby’s birth injury and whether you have a basis to seek compensation.

> > Back to Top

Trust An Experienced Birth Injury Malpractice Lawyer

If you suspect that your newborn has a birth injury as a result of a doctor’s error or delivery team mistake, contact a knowledgeable birth injury attorney to advise you. The experienced medical malpractice lawyers at the Potts Law Firm will help you evaluate your situation and determine if you have grounds to file a legal action.

Based in Kansas City, Missouri, the Potts Law Firm provides a free initial consultation to victims of birth injuries in Kansas City (MO); Independence (MO); Lee’s Summit (MO); Overland Park (KS); and Olathe (KS).

For a free evaluation of your birth injury and legal options, contact us toll free at (800) 220-9341 or use our online contact form.

Recognized by

  • American Association for Justice
  • Super Lawyers
  • Kansas Association For Justice
  • Missouri Lawyers Media
  • Martindale
  • MATA
  • Kansas City Business Journal
  • National Trial Lawyers
  • Best of The Bar
  • The Best Lawyers in America
  • Lawyers USA