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Brachial Plexus Injury

Brachial plexus injury in the obstetric context refers to damage to the network of nerves supplying the arm and hand, sustained around the time of birth and most often associated with shoulder dystocia. The injury ranges from transient stretch injury that resolves to permanent palsy involving weakness or paralysis of the affected arm, sometimes known as Erb’s palsy.

Litigation typically alleges that excessive or misdirected traction during the management of shoulder dystocia caused the injury. This is a contested area of obstetric science: brachial plexus injury can also result from the natural forces of labour, from maternal propulsive forces, and can occur even where the delivery was managed appropriately, including in some caesarean deliveries. Both the standard of care and causation are matters of expert evidence, and the defence frequently disputes that any departure from the standard of care caused the permanent deficit.

Posts tagged Brachial Plexus Injury analyze Ontario and other Canadian decisions involving birth-related brachial plexus injury, with particular attention to the contested causation analysis.

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Navy title card reading "JB v Bailey" with the subtitle "Admitted negligence, but causation was not proved", labelled Case Comment, from paulcahill.ca.

JB v Bailey: Admitted Negligence Is Not Proof of Causation in a Birth Injury Case

Dr. Bailey admitted that her management of labour was negligent and that it caused a hypoxic brain injury at birth. The plaintiffs still lost, because they could not prove that the brain injury caused the child’s lasting impairments. JB v Bailey is an Alberta decision, persuasive only in Ontario, but it is a clear reminder that admitted negligence and admitted injury are not the same as proven causation.

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