Childbirth brings with it the possibility of complications and injuries to the baby. 1 such injury, Erb's palsy, can affect a baby's shoulder, arm and hand. This can leave the baby with a limp arm. There are factors that, if present during the pregnancy, can indicate that the baby is at an increased risk for an Erb's palsy injury. When these factors are present, the physician delivering the baby should really take suitable steps to avoid the injury. Failure to do so could constitute medical malpractice.
Erb's palsy injuries most frequently occur in conditions involving (1) a huge baby, (2) a breech position or (3) prolonged labor. These components commonly make a natural delivery troublesome. In order to total the vaginal deliver, the doctor or other wellness care specialist could carry out maneuvers (at times involving the use of forceps or a vacuum) that can cause excessive pulling on the shoulders during a headfirst delivery or put excessive pressure on the arms during a breech delivery. As a result, nerves in the network of nerve fibers that send signals from the spinal cord to the shoulder, arm, wrist, hand and fingers are damaged. This leads to a lack of manage over movement and sensation in those locations.
There are four kinds of injuries that can happen to these nerves. In escalating order of severity, these are:
1. Praxis. The nerve is damaged but not torn.
2. Neuroma. The injured nerve develops scar tissue. This reduces or blocks the signals sent by the brain to the muscles.
three. Rupture. The nerve is ripped but remains attached to the spine.
4. Avulsion. The nerve is torn from the spine.
Quite a few babies suffer from the milder forms of Erb's palsy and are in a position to completely recover inside 6 months. Physical therapy could constitute an integral portion of therapy. In cases involving a rupture or tear of the nerves, however, surgery may well be necessary. Sometimes, multiple surgeries are needed.
To be effective, surgery should typically be performed ahead of the baby is one year old. Even when effective, it may possibly take years for the child to regain sensation and movement of the arm, shoulder or arm. This is due to the slow growth of nerve tissue. Postsurgical rehabilitation generally entails extensive physical therapy exercises and other coordinated treatments. When surgery is not totally productive, the child may possibly be left permanently unable to have full, or occasionally even partial, use of the affected arm.
Think about the following two instances in which aspects suggesting an elevated risk of an Erb's palsy injury were clearly present but were ignored by a physician.
Case Study 1:
A pregnant woman reported to the hospital for deliver. She had previously delivered extremely massive children. The sonogram estimated that the baby's birth weight was a great deal more than ten pounds. This placed the baby at danger of shoulder dystocia, a complication that can lead to an Erb's Palsy injury. The mother requested a C-section but her doctor refused her request and performed a vaginal delivery. Following delivery, the baby was unable to breathe on his own and needed resuscitation. His arm was limp, a sign of injury to the brachial plexus nerves. The baby was later diagnosed with Erb's Palsy. The law firm that handled the case reported a multimillion dollar settlement.
Case Study two:
A pregnant woman was suffering from gestational diabetes. Fetal studies showed that the baby was approximately 9 pounds, 6 ounces. Rather of performing a C-section, her obstetrician attempted a vaginal delivery. In the course of delivery, the baby's shoulder became stuck behind the mother's cervix. The obstetrician then used an improper delivery approach resulting in an Erb's Palsy injury to the baby. The law firm handling the case reported a settlement in the amount of $2,625,000.
In each situations above, there were clear indications that the baby would be a massive baby, therefore growing the threat of shoulder dystocia and injury. But, in each instances, the physician involved chose to proceed with a vaginal deliver rather than a C-section. By showing that the babies each suffered an Erb's palsy injury and a severe, permanent disability as a result of this selection, the law firms handling these situations had been able to help these households.
If your kid suffers from Erb's Palsy you need to immediately get in touch with a medical malpractice attorney to figure out no matter whether you and your kid may perhaps have a claim against the doctor or other medical care specialist responsible for your child's injury. Preserve in mind that the law limits the quantity of time you have to pursue a claim.