$900,000 Settlement Reached In Lawsuit Alleging Physician's Medical Error Led To In Child's Erb's Pa
One of the more common types of birth injuries is an Erbs palsy injury that relates to the childs shoulder and arm
. This might be a major injury that in the most severe circumstances leave the child with poor use of the arm even following surgery. In a number of situations the injury is preventable. In the event that this occurs because of a mistake by a physician in the course of the delivery process the parents may be able to pursue a medical malpractice claim on behalf of themselves and their infant.To illustrate, look at a reported case regarding a woman expecting her third child. The expectant mother was either borderline for or actually had gestational diabetes, excessive weight gain during the pregnancy and had earlier delivered 2 large babies. Approximately 4 months into the pregnancy the woman's doctor documented that the baby was larger than estimated by the gestational age. 3 months later the mother was borderline on her blood sugar test for gestational diabetes.
An ultrasound after that visit put the babys weight at the 90th percentile. At her final prenatal consultation the day prior to the scheduled delivery the doctor observed the fundal height (a measurement of the uterus employed to evaluate fetal growth and development) at forty three centimeters. The expectant mother was 40 weeks pregnant.
The following day the woman went to the hospital as planned. After her admission, a second doctor took over her care. The hospital record described her previous borderline sugar test and also that she was at high risk given earlier large gestational age babies. This physician did not, , test her glucose amount or try to approximation the unborn child's weight before inducing her.
Approximately four hours subsequent to her admission to the hospital her membranes spontaneously ruptured. Once this happened a sizeable quantity of meconium was observed. This is typically a sign that the baby is in danger and typically requires an emergency C-section. About 40 minutes later the doctor performed a vaginal examination.
The doctor noted that the expectant mother was 4 centimeters dilated. The doctor placed a fetal scalp electrode which showed early decelerations. Even though it was not recorded in the publication of the lawsuit, specific kinds of decelerations may be an indication of fetal distress. Just more than one hour later the woman was fully dilated. The nurses notes indicated the presence of shoulder dystocia, the delivery of the child's head, and also the use of suprapubic pressure to aid the delivery.
The newborn was 10 pounds 10 ounces at birth. The newborn had a head circumference in the 90th percentile. She had an Erb's palsy injury. When she got older her arm atrophied from her inability to use it. She has developmental delays and has been diagnosed with cerebral palsy.
The doctors did not monitor the mother for gestational diabetes even though they had sufficient information that the child was large prior to birth. Still, they failed to plan on a Caesarean and did not attempt a standard procedure prior to employing traction to the child's head. These steps might have prevented the child's injury. The parents filed a medical malpractice claim against the physicians. The law firm that represented the family reported that the claim settled for $900,000.
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