Bend Birth Injury Lawyer Explains Common Nerve Injuries to a Baby From Medical Malpractice in Oregon
One of the most common types of birth injuries to a baby is a nerve injury. Although some may be due to unavoidable complications of birth, our birth injury lawyer in Bend and Portland, OR know that many nerve injuries to a baby from medical malpractice in Oregon. This includes brachial plexus or peripheral nerve injuries, as well cranial nerve or facial nerve injuries. According to statistics, roughly 2 out of every 1,000 live births result in brachial plexus nerve injuries. Of these injuries, roughly 80% of brachial plexus injuries are to the cervical spine (neck). Whereas facial nerve injuries occur in almost 9 out of every 1,000 live births where forceps are used to assist with the delivery, and approximately 2 out of every 1,000 live births overall. Even where these injuries are obviously caused by a healthcare provider’s negligence, unfortunately, defendants and their defense lawyers, insurance adjusters, and healthcare groups refuse to fairly compensate victims and their families.
At Kuhlman Law, that’s why our skilled medical malpractice and birth injury lawyer handles catastrophic nerve, brain, and injury cases involving babies. Our personal injury law firm offers free consultations and case evaluations, and only gets paid after you get paid in a settlement, verdict, or another type of award. To learn more about how you may be entitled to compensation for nerve injuries to a baby from medical malpractice in Oregon, call them us today to schedule your free case evaluation. There is no cost and no obligation to sign up. If you hire us, and if we accept your case, there are also no fees until we recover compensation for you.
What is a Nerve?
In understanding nerve injuries to a baby, it is important to understand what are nerves and how their strong yet fragile state can be injured by medical malpractice in Oregon. Nerves are specialized structures within the human body that serve as the communication network for transmitting vital information between the brain, spinal cord, and every other part of the body. Each nerve is composed of numerous nerve cells called neurons, which are the fundamental functional units of the nervous system. A typical neuron consists of a cell body (soma) containing the nucleus, dendrites that receive incoming signals, and an axon that transmits outgoing signals to other neurons or target tissues. Many axons are covered with a protective myelin sheath, which acts as insulation and significantly increases the speed of nerve impulse transmission.
At the microscopic level, neurons communicate with each other and with target tissues through specialized junctions called synapses, where chemical messengers known as neurotransmitters facilitate signal transmission. Collectively, these intricate nerve structures form two distinct but interconnected nervous systems in the human body: the central nervous system (CNS) and the peripheral nervous system (PNS).
This complex neural architecture enables everything from conscious thought and voluntary movement to automatic regulation of bodily functions such as heartbeat and digestion. When medical negligence results in damage to any component of this delicate system, the consequences can be severe and life-altering due to the limited regenerative capacity of neural tissue. This is only magnified when the damages are nerve injuries to a baby who has sustained serious personal injuries.
Types of Nervous Systems
The human body possesses two major divisions of the nervous system, each with distinct anatomical and functional characteristics. Either type of nervous systems can be injured due to medical malpractice in Oregon, and sometimes both are injured in a single incident.
The Central Nervous System (CNS) comprises the brain and spinal cord, protected by the skull and vertebral column respectively, and serves as the primary command center for neural functions. The CNS processes sensory information, coordinates motor responses, and facilitates higher cognitive functions including consciousness, memory, and emotion.
The Peripheral Nervous System (PNS), on the other hand, consists of all nerves outside the CNS and can be further subdivided into the somatic and autonomic nervous systems. The somatic nervous system controls voluntary movements and transmits sensory information from the skin, muscles, and joints to the CNS. The autonomic nervous system, which operates largely below the level of consciousness, regulates involuntary bodily functions and is itself divided into three components: the sympathetic system (responsible for “fight or flight” responses), the parasympathetic system (governing “rest and digest” functions), and the enteric system (controlling gastrointestinal functions).
Medical procedures involving any of these neural components require extraordinary care and precision, as even minor errors can result in permanent neurological deficits. In cases of suspected medical malpractice involving nerve damage, understanding which particular nervous system has been affected is crucial for determining both the nature of the injury and the potential for recovery.
What is a Nerve Injury?
Nerve injuries to a baby in Oregon are very serious. There are many different types that could occur. Generally, a nerve injury occurs when any component of the nervous system sustains damage that disrupts the normal transmission of nerve impulses, potentially leading to sensory loss, motor dysfunction, or autonomic impairment. From a medical perspective, nerve injuries are classified according to the Seddon or Sunderland classification systems, which categorize damage based on severity and structural involvement.
The Seddon classification, introduced in 1943, divides nerve injuries into three categories:
- Neuropraxia – conduction block with intact nerve structure
- Axonotmesis – axonal disruption with preserved connective tissue elements, and
- Neurotmesis – complete nerve transection of a peripheral nerve.
The Sunderland classification, developed in 1951, expands this into five degrees of increasing severity:
- Grade I – equivalent to neuropraxia
- Grade II – axonal injury with intact endoneurium
- Grade III – disruption of axons and endoneurium with intact perineurium
- Grade IV – disruption of all internal neural elements with intact epineurium, and
- Grade V – complete nerve transection.
These classification systems are essential for prognosis determination and treatment planning in nerve injury cases.
Understanding Peripheral Nerve Injuries to a Baby: Neuropraxia, Axonotmesis, and Neurotmesis
Peripheral nerve injuries to a baby represent a spectrum of damage that can significantly impact motor and sensory function. Understanding these distinctions is crucial for proper diagnosis, treatment planning, and prognosis. It is also important for your medical malpractice lawyer in Bend, Oregon or Portland, Oregon to present these injuries accurately to a court or jury, in order for victims and their families to recover just and proper compensation for their injuries.
Moreover, understanding these classifications helps clinicians determine appropriate management strategies and provide patients with realistic expectations regarding recovery timelines and outcomes. Modern diagnostic techniques including electrodiagnostic studies, ultrasound, and MRI can help differentiate between these injury types, guiding treatment decisions that range from observation and rehabilitation to surgical exploration and repair. These imaging studies can be used as evidence in a medical malpractice case to help your Bend birth injury lawyer present your case to a jury.
The main types of nerve injuries and their explanations are as follows:
Neuropraxia
Neuropraxia represents the mildest form of nerve injury. It involves a temporary block in nerve conduction without physical disruption of the axon or surrounding connective tissues. Think of it as a temporary “stunning” of the nerve. Causes typically include compression, mild stretching, or ischemia. Recovery occurs spontaneously within days to weeks as the conduction block resolves, and patients generally experience complete functional restoration without surgical intervention.
These injuries can occur in birth injuries such as when a baby is being pulled through the birth canal. They could also occur due to poor positioning during a prolonged procedure, where a limb or part of the body could become compressed and resulting in positional injuries. Both of these situations could be due to medical malpractice in Oregon and should be evaluated by a Bend birth injury lawyer.
Axonotmesis
Axonotmesis involves more significant damage where the axon itself is disrupted, but the surrounding connective tissue structures (endoneurium, perineurium, and epineurium) remain intact. This injury commonly results from crush injuries or severe stretching. Recovery depends on axonal regeneration and the extent of the nerve injuries to a baby. Because the connective tissue sheaths remain intact and provide guidance channels, functional recovery is often good but may take months depending on the distance between the injury site and target tissues.
These types of nerve injuries to a baby occur when a baby is being pulled or yanked out of the birth canal, particularly when there are signs of fetal distress and the OB/GYN or family practitioner do not have time to convert to a c-section. That may be due to the fact that the provider failed to properly monitor a mother and the baby, or because the provider got into trouble during a delivery such as the cord was wrapped around the baby’s neck – which is again, another issue relating to monitoring and evaluating a baby properly.
Neurotmesis
Neurotmesis represents the most severe form of nerve injury, involving complete transection of both the axon and all supporting connective tissue structures. This typically results from lacerations, severe crush injuries, or avulsions. Without surgical intervention, functional recovery is poor or absent because regenerating axons lack the guidance structures necessary to reach their appropriate targets. Microsurgical repair is typically required to restore continuity and provide a pathway for axonal regeneration.
These types of nerve injuries to a baby occur when a baby is violently pulled through the birth canal, especially while using a vacuum extractor or when an inexperienced provider, nurse, resident, midwife, or another technician causes serious personal injuries to a baby. Other times when a nerve could be injured like this is during a surgical procedure or when a baby sustains a broken bone during delivery or afterwards, such as being dropped, and is harmed.
Causes of Nerve Injuries to Babies in Oregon
Nerve injuries can result from various mechanisms including mechanical trauma (lacerations, crush injuries, stretching, or compression), thermal damage (burns or extreme cold), chemical exposure, radiation, electrical injuries, ischemia, or inflammation. Babies are particularly more suspectable to many of these injuries because they have a thinner layer of skin, fat, and muscle over their nerves, meaning that it is easier for them to be harmed or damages by temperature/thermal events.
In the context of medical care, iatrogenic nerve injuries – those caused by medical procedures – represent a significant concern in potential malpractice cases. These may occur during surgical procedures such as orthopedic operations (particularly those involving the shoulder, elbow, wrist, hip, knee, or ankle), spinal surgeries, dental procedures, or even routine interventions such as intramuscular injections or venipuncture. Anesthesia-related nerve injuries can result from improper positioning during prolonged surgeries, excessive pressure from tourniquets, or direct needle trauma during regional anesthetic administration.
Signs of Nerve Injuries
Nerve injuries resulting from medical malpractice can manifest in various forms, depending on the affected nerve and the severity of damage. Compression neuropathy occurs when excessive pressure is applied to a nerve during surgery or improper patient positioning. Transection injuries involve the complete cutting of a nerve, often during surgical procedures. Stretch injuries happen when a nerve is pulled beyond its normal range, while injection injuries result from needles penetrating or injecting substances near or into nerves. A Bend birth injury lawyer can help you recover compensation by reviewing the injuries and symptoms, particularly because each type presents distinct symptom patterns that patients and medical professionals must recognize promptly.
Some of the most common signs of nerve injuries to a baby include the following:
Pain Patterns and Sensory Disturbances
Pain is frequently the most prominent symptom of nerve injury due to medical negligence. Patients typically experience sharp, shooting, or burning pain that follows the distribution of the damaged nerve. This neuropathic pain differs significantly from typical post-procedure discomfort and often does not respond well to standard pain medications. The pain may intensify with specific movements or positions and could persist long after expected surgical recovery.
Alongside pain, patients may experience abnormal sensations such as tingling, numbness, pins-and-needles sensations (paresthesia), or hypersensitivity to touch (allodynia). These sensory disturbances typically manifest in the area innervated by the damaged nerve and can significantly impact daily functioning.
Motor Function Impairment
Nerve damage often compromises motor function in the affected region. Patients may experience weakness or complete loss of muscle strength in specific muscle groups corresponding to the injured nerve. This weakness may range from mild difficulty performing certain movements to complete paralysis of the affected area.
Fine motor control might become particularly challenging, impacting activities requiring precision. Muscle atrophy, the visible wasting or decrease in muscle mass, may develop over time if the nerve damage prevents proper innervation of the muscles. Additionally, patients might experience muscle twitching, cramping, or involuntary movements (fasciculations) in the affected area, further indicating nerve dysfunction. If you notice any of these symptoms in your child, contact our Bend birth injury lawyer for help.
Autonomic Nervous System Dysfunction
When autonomic nerves sustain damage during medical procedures, patients may experience disruptions to involuntary bodily functions. These symptoms include changes in skin temperature, with the affected area becoming noticeably colder or warmer than surrounding tissues. Altered sweating patterns, with either excessive sweating (hyperhidrosis) or absence of sweating (anhidrosis) in the affected region, commonly occur.
Skin changes such as thinning, abnormal hair growth, or alterations in nail appearance may develop gradually. Some patients experience cardiovascular symptoms including blood pressure fluctuations, abnormal heart rate responses, or orthostatic hypotension. Digestive and urinary system dysfunction can manifest as changes in bowel habits, urinary retention, or incontinence depending on which nerves sustain damage.
Temporal Progression of Symptoms
The timeline of symptom appearance provides crucial information for identifying nerve injuries resulting from medical negligence. Immediate symptoms often include unexpected pain, numbness, or weakness appearing shortly after a medical procedure. These symptoms exceed what would be considered normal post-procedural discomfort. Progressive symptoms may develop gradually over days or weeks following the procedure, potentially indicating ongoing nerve compression or inflammation.
Delayed-onset symptoms sometimes emerge weeks or months after the initial procedure, making the connection to medical malpractice more challenging to establish. Permanent symptoms that persist beyond the expected recovery period without improvement, despite appropriate therapy, suggest significant nerve damage that may be irreversible.
Regional Specific Manifestations
Nerve injuries manifest differently depending on their anatomical location. Facial nerve injuries typically result in facial asymmetry, difficulty closing the eye on the affected side, and impaired facial expressions. These injuries commonly occur during otologic surgeries or cosmetic procedures. Brachial plexus injuries affect the network of nerves controlling the shoulder, arm, and hand, causing weakness, numbness, or pain throughout the upper extremity. These may occur during difficult deliveries, surgical positioning, or regional anesthesia.
Spinal nerve injuries produce symptoms corresponding to the specific dermatome and myotome affected, potentially causing radiating pain, sensory changes, and weakness in the limbs or trunk. Peripheral nerve injuries in the extremities cause focal deficits in the distribution of the specific nerve damaged, such as foot drop from peroneal nerve injury or wrist drop from radial nerve damage.
Psychological and Quality of Life Impact
The persistent nature of nerve injury symptoms significantly affects patients psychologically. Many patients develop anxiety, depression, or post-traumatic stress related to their medical experience and ongoing symptoms. Sleep disturbances commonly occur due to pain, discomfort, or psychological distress associated with the injury. Social isolation frequently develops as patients struggle with chronic pain, limited mobility, or visible disabilities. The financial burden from additional medical treatments, rehabilitation services, assistive devices, and potential loss of income compounds the overall impact of nerve injuries resulting from medical malpractice.
Recognizing Nerve Injuries in Infants
Detecting nerve injuries in babies presents unique challenges due to their inability to verbally communicate symptoms. Parents and healthcare providers must be vigilant for subtle signs that may indicate nerve damage resulting from medical negligence during pregnancy, labor, delivery, or neonatal care. Nerve injuries in infants require specialized assessment approaches and often manifest differently than in adults, making early recognition critical to preventing long-term developmental consequences. Thus, whenever you suspect there has been any type of injury to your baby, contact our Bend birth injury lawyer to schedule a free consultation to learn more about your rights to compensation.
Birth-Related Brachial Plexus Injuries
Brachial plexus injuries represent one of the most common nerve injuries in newborns. These injuries typically result from excessive traction or stretching of the neck during difficult deliveries, particularly in cases of shoulder dystocia, breech presentation, or when inappropriate force is applied during delivery.
Parents may notice their infant holding one arm differently than the other, with the affected limb appearing limp, lacking movement, or positioned awkwardly with the elbow extended and wrist flexed (Erb’s palsy) or with the entire arm paralyzed (total plexus palsy). The Moro reflex, a normal startle response where babies symmetrically extend their arms when startled, appears asymmetrical in infants with brachial plexus injuries. Diminished grip strength in the affected hand may be observed during feeding or when the infant grasps a parent’s finger.
Facial Nerve Injuries in Newborns
Facial nerve injuries in babies most commonly result from compression during delivery or improper forceps application. Parents may notice facial asymmetry, particularly when the infant cries, with the affected side appearing flattened or immobile. Abnormal eyelid closure on the affected side, where the eye remains partially open during sleep or does not close completely when crying, strongly indicates facial nerve damage.
Feeding difficulties often develop as the baby struggles to create proper suction with the mouth due to weak lip muscles on the affected side, potentially causing milk to leak from the corner of the mouth during nursing or bottle feeding. Diminished or absent facial expressions on one side of the face during stimulation that would normally elicit a smile or grimace suggests facial nerve injury requiring prompt neurological evaluation.
Phrenic Nerve Injury and Respiratory Symptoms
Phrenic nerve injuries, though less common, represent serious complications that may result from excessive stretching during delivery or misplaced needle injections during neonatal care. These injuries affect diaphragm function and manifest as respiratory distress that does not improve as expected after birth. Parents and providers may observe asymmetrical chest movement during breathing, with one side moving normally while the other appears sunken or immobile.
Recurrent respiratory infections develop due to decreased lung expansion and difficulty clearing secretions. Positional breathing difficulties, where the infant breathes more comfortably in certain positions, particularly when lying on the affected side, suggest phrenic nerve involvement. Feeding intolerance with increased respiratory effort during feeding sessions frequently occurs as the baby struggles to coordinate breathing and swallowing. Diagnosis typically involves chest radiography showing elevated hemidiaphragm on the affected side.
Developmental Red Flags and Long-Term Manifestations
As infants grow, nerve injuries become apparent through missed developmental milestones and functional asymmetries. Delayed or absent rolling, crawling, or reaching with the affected limb compared to age-appropriate expectations signals potential nerve dysfunction. Persistent asymmetry in spontaneous movements, where the baby consistently favors one side for reaching, grasping, or kicking, warrants neurological assessment.
Abnormal posturing of limbs, hands, or feet that persists beyond the typical newborn period suggests underlying nerve damage affecting muscle tone. Parents may notice their child developing compensatory movement patterns to accomplish tasks, using alternative muscle groups or unusual body positioning to achieve functional goals. Growth disparities between affected and unaffected limbs become increasingly noticeable as the child ages, with the affected limb potentially appearing smaller in circumference and shorter in length due to decreased innervation and reduced use.
Diagnostic Challenges in Infant Nerve Injuries That Could be Reviewed by Our Bend Birth Injury Lawyer
Diagnosing nerve injuries in infants poses significant challenges compared to adult cases. Traditional neurological testing methods require modification for the pediatric population, with some tests unsuitable for very young children. Electrodiagnostic studies, while valuable, must be interpreted with different parameters accounting for the immature nervous system. Sedation requirements for advanced imaging significantly complicate the diagnostic process, introducing additional risks that must be carefully weighed against potential diagnostic benefits.
Developmental variability among infants creates difficulty distinguishing between normal variations and pathological findings, particularly in subtle cases. Documentation of baseline neurological status immediately following birth proves essential for establishing the timeline of injury and differentiating birth-related trauma from subsequent iatrogenic nerve damage during neonatal care.
Call Our Bend Birth Injury Lawyer if You Suspect Nerve Injuries to a Baby
If you or a loved one have been seriously injured or killed as a result of medical malpractice including birth injuries to a baby that result in nerve damage, contact the Bend birth injury lawyer at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro. We also have an office in Minneapolis, Minnesota and take Nursing Home Abuse cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.
