My son was fine during the nine months pregnancy but during his birth he was injury (brachial plexus injury) Is this might cause by malpractice?

Sadly, the injury which your son has suffered is not an uncommon one.  A difficult delivery, with the risk of injury to the baby, may occur if the birth canal is too small or the baby is too large. Injury is also more likely if the baby is lying in an abnormal position before birth. When these conditions are present, medical care providers should take appropriate steps to minimize the danger to the baby and mother. Erbs (or brachial) palsy occurs most often during delivery when excessive pressure is put on the baby’s head, neck, or shoulder because of difficulty delivering the shoulder area (known as “shoulder dystocia”). The condition occurs most frequently in babies of higher-than-average birth weight, and can happen when forceps or vacuum devices are used with too much pressure during delivery.  In about two out of every 1,000 child deliveries, a baby suffers injury to the brachial plexus. As you probably know, the brachial plexus is a group of nerves that travel from the spinal cord up the arm, supplying the arms and hands. National studies indicate that residual long-term deficits may include progressive bony deformities, muscle atrophy, joint contractures and possible impaired growth of the limb. This is a known danger and one which can be avoided with proper attention during delivery by medical staff.  From the facts you provide, you may have a strong medical malpractice claim.  I suggest you find a lawyer with whom you are comfortable and then have the medical records from the delivery reviewed.  If you would like more information about pursuing a medical malpractice claim for a brachial palsy injury, please visit http://www.chalatlaw.com/malpractice/medical-malpractice/birth-injuries/ Please keep in mind that there is a two year statute of limitations in Colorado for medical malpractice claims.  You must file within two years of the negligent care or lose your right to do so. I would be happy to answer any further questions which you may have, please call or email me.