Erbs Palsy Birth Injury

ccording to the US Department of Health and Human Services in 2006, the department’s National Practitioner Data Bank reported obstetric malpractice cases composed 8.7% of all medical malpractice case payouts.  Has your infant child sustained obstetric-related malpractice injury condition known as Erbs palsy? This type of birth injury stems from Brachial Plexus Paralysis, or brachial injury, and is often confused as Klumpke's Palsy. The difference between the two injuries are that Klumpke’s Palsy is an injury that takes place in the lower plexus. Erbs palsy has become one of the most serious and common types of shoulder dystocia injuries that can occur during the delivery of a newborn. Trauma to the newborn occurs during the delivery process when the shoulder of an infant is stuck within the cervix of the mother. The consequences that may result from this situation can lead to severe nerve damage within the arm and shoulder of the newborn. The damage takes place when the obstetrician applies extreme force to release the shoulder from being stuck.

The US Department of Health and Human Services
Obstetrics-related medical malpractice payments for physicians continued to be higher than others, while equipment and product-related payments were lower:

During 2006, as in previous years, obstetrics-related cases, generating 8.7 percent of all 2006 physician
Malpractice Payment Reports, had the highest median payment amounts ($333,334)

Here are some of the symptoms of Erbs palsy:

• Facial paralysis on damaged side
• Loss of muscle control
• Paralysis of arm and hand
• Limited movement abilities
• Finger and hand paralysis
• The need of assistance to sit upright
• Unable to crawl on own without therapeutic devices

Many times the use of tools, such as forceps or vacuums, may be used to assist in delivering the baby. These tools may in fact increase the risk of injury. It is the responsibility of the physician to successfully avoid these complications. Prior to delivery, a suitably trained medical staff should recognize the risks that are involved and factors that may contribute to shoulder dystocia. To name a few, increased risk factors that should be determined by an obstetrician consist of mothers that are overweight, maternal diabetes, pregnancy lasting beyond 40 weeks, a flat or contracted pelvis and/or, a short maternal stature. It has been known that some infants recover after a few months depending on the time line. If the child does not recover, surgery may be required. However, that too may not be able to help the situation. Even corrective surgery may take months or years before positive results are seen. Your newborn should not have to suffer due to the negligence of a medical professional. Speaking with an Erbs palsy lawyer can provide you the legal advice you need to help purse legal action.

If a properly trained medical staff evaluated you prior to delivery and found the risk factor to be high, the wise choice to prevent shoulder dystocia would have been a caesarean section. Did the physician offer this option to you? It is the obligation of the hospital and the medical staff to provide a safe and proper diagnosis and delivery within their control. Medical negligence is what leads these common birth injuries to take place. Experienced cerebral palsy attorneys have the experience and knowledge necessary to help represent and fight to protect your child's legal rights and to obtain the compensation deserved by law.