Birth Fracture Lawyers in Wilmington

Focused Review of Clavicle & Humerus Injuries After Delivery

When a newborn is diagnosed with a fracture, parents need to understand what care the baby requires and whether the delivery circumstances warrant legal review. At Daniel, Holoman & Associates LLP, we connect the diagnosis and symptoms with the pregnancy, labor, delivery, and newborn-care records.

A broken bone alone doesn’t establish medical negligence. We examine what happened during delivery, when the injury was recognized, whether other injuries are present, and how the child’s health may be affected.

Call (866) 380-2281 for an initial discussion about a newborn fracture in Wilmington. We can review the available information and explain whether the matter meets our case criteria.

Signs of a Newborn Birth Fracture

The clavicle, or collarbone, is the bone most commonly fractured during birth. A humerus fracture affects the upper arm and may also limit movement or cause discomfort. Some broken bones are recognized immediately, while others become apparent during an examination or after a healing lump called a callus develops.

Signs that may prompt medical evaluation include:

• Reduced movement of one arm
• Swelling or tenderness near the shoulder or upper arm
• Discomfort when the baby is lifted or dressed
• Crepitus, a crackling sensation near the injured bone
• An asymmetric Moro reflex, the newborn startle response in which the arms don’t move equally

A broken bone can occur alongside a brachial plexus injury, which involves damage to the network of nerves controlling the shoulder, arm, and hand. A medical assessment may need to distinguish movement limited by pain from weakness caused by nerve damage.

Delivery Circumstances That May Require Investigation

Some newborn clavicle fractures occur without an obvious traumatic event. In other cases, the surrounding circumstances may warrant closer examination. One example is shoulder dystocia, a complication in which the baby’s shoulder becomes lodged after the head is delivered.

An investigation may also consider fetal position, estimated birth weight, gestational age, prolonged labor, breech presentation, instrumental delivery, and the maneuvers used during birth. The timing and accuracy of the newborn assessment may also matter, particularly when symptoms aren’t documented until after discharge.

When a Birth Fracture May Support a Medical Malpractice Claim

A viable medical malpractice claim requires more than proof of a broken bone. Under North Carolina law, the evidence generally must establish the applicable standard of care, a breach of that standard, and that the breach proximately caused the resulting harm. Each element depends on the delivery circumstances and case-specific medical evidence.

Medical Records That Can Clarify What Happened

We examine the medical timeline from prenatal care through follow-up treatment. Comparing the delivery documentation with the baby’s symptoms, imaging, treatment, and recovery may clarify how and when the injury occurred.

Relevant evidence may include:

• Prenatal records: Ultrasound findings, fetal measurements, maternal health information, and documented delivery planning.
• Labor records: Fetal monitoring strips, medication records, labor progression, and notes concerning fetal position.
• Delivery records: Operative notes, delivery-room documentation, instruments used, and recorded maneuvers.
• Newborn records: Physical examinations, imaging, discharge instructions, and documentation of arm movement or reflexes.
• Follow-up records: Orthopedic assessments, therapy notes, healing evaluations, and findings related to possible nerve damage.

Medical professionals may be consulted to assess the delivery care, causation, associated injuries, and possible future medical needs. Families can prepare for an initial review by gathering discharge papers, imaging reports, follow-up records, and a written timeline of symptoms.

Recovery, Follow-Up Care & Potential Damages

Many isolated newborn clavicle fractures heal with conservative care, but follow-up may be needed to monitor comfort, bone healing, arm movement, and associated injuries. If negligent care causes continuing effects, recoverable damages may include medical expenses, therapy, future care, and other documented losses. We assess these issues based on the child’s condition and anticipated needs rather than assuming every injury has the same consequences.

Focused Resources for Complex Birth Injury Litigation

We intentionally maintain a relatively small caseload so we can devote substantial preparation and resources to serious medical cases. Our attorneys collaborate on medical-record analysis and litigation strategy, drawing on more than 40 combined years of injury trial and litigation experience.

When a case clears our initial criteria, we may spend hundreds of hours reviewing medical records. We consult medical professionals and cover the evaluation and litigation costs required for the investigation. Families aren’t charged for that work. We also provide clear updates, answer questions promptly, and explain each stage in practical terms. If a matter doesn’t meet our selection standards, we give the family a timely answer rather than prolonging the review without a clear basis.

Our confirmed birth-injury results include confidential settlements reported at $9 million, $8 million, and $6.6 million. Those outcomes don’t predict the value or result of another case, but they reflect our experience pursuing demanding birth injury litigation.

Discuss Your Child’s Delivery Injury With Our Team

Daniel, Holoman & Associates LLP typically handles these claims on a contingency basis, so clients don’t pay legal fees unless there is a recovery. The initial discussion has no upfront fee or obligation.

North Carolina medical malpractice deadlines may depend on the date of the care, when the injury was discovered, the claimant’s age, and other case-specific facts. Contacting us promptly can give our team time to review the applicable deadline, medical records, and circumstances of the delivery.

Call (866) 380-2281 to discuss a possible newborn fracture claim with our Wilmington birth fracture lawyers.