Facial nerve palsy or facial paralysis is often a tragic consequence of a birth injury that occurs during delivery. When these types of injuries occur due to medical negligence (carelessness), you may be able to take legal action and seek compensation. Facial paralysis is the inability to move facial muscles on one side or on the entire face and stems from nerve damage.
Facial paralysis can occur suddenly or gradually over time. It may result in noticeable drooping of facial features and it may potentially last for an extended period of time, particularly when it is caused by birth trauma. This condition affects children in the long term. A child with facial paralysis may not be able to close his or her eyes, swallow or even produce tears.
What Type of Birth Trauma Causes Facial Nerve Palsy?
When facial nerve palsy is caused by birth trauma, it is often associated with
deliveries made by forceps, which are birth-assistive tools used by doctors, particularly in cases where there are labor complications and the baby needs assistance. Forceps are essentially large stainless steel tongs with curved ends called blades. In some cases, if the doctor is incompetent, inexperienced or negligent (careless) while using these tools, the baby suffers trauma. Injury may also be sustained to the facial nerve because of the pressure applied by the forceps blade on the child’s head
There are also other types of negligent situations that can lead to facial nerve palsy:
The medical staff may fail to detect excess pressure that is being exerted by the mother’s pelvic bone. Such pressure may occur on the baby’s head when it is presenting at a difficult angle, or because the mother’s pelvis is small or because the baby is larger than average in size. If the baby experiences difficulty in passing through the pelvis, then pressure may be placed on the facial nerve.
The medical staff may fail to exercise the required care during prolonged labor. Prolonged labor, also known as failure to progress, occurs when labor lasts for approximately 20 hours or more if you are a first-time mother, and 14 hours or more if you have previously given birth.
The medical staff may be careless while inducing labor. This may occur when the mother is given medication such as Pitocin or Cytotec to induce labor or enhance contractions.
What Are the Symptoms of Facial Nerve Palsy
Facial nerve palsy often involves the lower part of the facial nerve. Here are some of the signs of facial nerve palsy in a newborn:
• The child’s mouth does not pull down on both sides when crying
• The area below the eyes appears uneven when the child is crying
• The eyelid may not close fully or blink on the affected side
• There is little or no movement on the side that has been affected
• Difficulty with chewing
• Difficulty forming tears
• Physical deformities
Diagnosis and Treatment
Facial palsy from birth trauma should be diagnosed by doctors while the infant is still in the hospital. However, there may be instances where family members notice abnormalities and inform the medical provider. If you suspect that your child suffers from facial paralysis it is crucial that you contact your child’s doctor right away.
Facial palsy is typically diagnosed with a physical examination. In some cases, your doctor might carry out further tests. Some treatments for facial palsy may include surgery and physiotherapy. There are many cases where children are permanently harmed by facial nerve palsy. In such cases, children may need ongoing treatment and therapy.
If your child has suffered facial palsy as a result of medical negligence (carelessness), our medical malpractice lawyers are here to help. We have the legal expertise and access to leading medical experts in the field to help build a strong case for our clients.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
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