Physicians And Parents Reach $900,000 Settlement In Erb's Palsy Injury Case

Among the more prevalent types of birth injuries is an Erb's palsy injury that relates to the child's shoulder and arm

. This might be a serious injury that in the most serious instances might leave the child with weak use of the arm even after surgery. In a number of cases the injury is avoidable. In the event that this occurs on account of a mistake by a doctor during the delivery procedure the parents might follow this with a medical malpractice claim for themselves and their infant.

For instance, consider a reported claim concerning a woman pregnant with her third baby. The expectant mother was either borderline for or in fact had gestational diabetes, excessive weight gain during the pregnancy and had previously delivered two large babies. Around four months into the pregnancy her doctor recorded that the baby was larger than expected by the gestational age. 3 months later the mother was borderline on her glucose test for gestational diabetes.

An ultrasound shortly after that consultation put the baby's weight at the 90th percentile. During the expectant mother's final prenatal consultation the day before the doctors planned to induce her labor the doctor noted the fundal height (a measurement of the uterus used to check fetal growth and development) at forty three centimeters. She was forty weeks pregnant at the time.

The following day the pregnant woman was admitted at the hospital as planned. There, a second doctor took over her care. The hospital record recorded the woman's past borderline sugar test and also that she was at high risk because of previous "large gestational age" babies. This physician did not, , test her sugar level or try to determine the unborn child's weight prior to inducing her.

Approximately four hours subsequent to her admission for the hospital her membranes spontaneously ruptured. When this happened a significant quantity of meconium was seen. This is generally an indication that the baby is in danger and frequently requires an emergency C-section. Roughly 40 minutes subsequently the doctor conducted a vaginal examination. The doctor documented that the woman was four centimeters dilated. The physician positioned a fetal scalp electrode which showed early decelerations. Even though it was not recorded in the case report, specific types of decelerations might be an indication of fetal distress. Shortly more than one hour afterward she was fully dilated. The nurse's notes indicated the presence of shoulder dystocia, the delivery of the child's head, and also the application of suprapubic pressure to facilitate delivery.

The newborn weighed 10 pounds 10 ounces at birth. The newborn had a head circumference in the 90th percentile and had an Erb's palsy injury. As she got older her arm atrophied due to her inability to use it. She has developmental delays and has cerebral palsy. The physicians did not monitor the mother for gestational diabetes but had ample knowledge that the child was large prior to birth. Nevertheless, they did not plan on a C-section and did not attempt a standard method before employing traction to the baby's head. These steps could have prevented the child's injury. The parents pursued a lawsuit against the doctors. The law firm that handled the case published that the case settled for $900,000.

by: Joseph Hernandez

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