Parents And Physicians Agree To Settle Malpractice Claim For $900,000 Over Baby's Erb's Palsy Injury
Among the more prevalent types of birth injuries is an Erb's palsy injury that affects the infant's shoulder and arm
. This can be a major injury that in the most extreme cases might leave the baby with weak use of the arm even following surgery. In many instances the injury is avoidable. When this happens due to a mistake by a doctor in the course of the delivery procedure the parents might pursue a medical malpractice claim for themselves and their child.As an example, look at a reported lawsuit involving a woman expecting her third child. She was either borderline for or in fact had gestational diabetes, disproportionate weight gain in the course of the pregnancy and had earlier given birth two large babies. Around 4 months into the pregnancy her doctor documented that the baby was larger than expected by the gestational age. Three months later the mother was borderline on her blood sugar test for gestational diabetes. An ultrasound after that visit placed the baby's weight within the 90th percentile. At her final prenatal consultation the day before the doctors planned to induce her labor the physician noted the fundal height (a measurement of the uterus employed to determine fetal growth and development) at forty three centimeters. The expectant mother was forty weeks pregnant.
The following day the expectant mother was admitted at the hospital as scheduled. Once she was admitted, a different doctor took over her care. The hospital record documented the expectant mother's past borderline sugar test and that she was at high risk given her past "large gestational age" babies. This doctor did not, however, test her sugar level or try to determine the unborn child's weight before medically inducing her.
Approximately four hours subsequent to her admission to the hospital the woman's membranes spontaneously ruptured. Once this happened a substantial quantity of meconium was observed. This is frequently a sign that the unborn child is in difficulty and generally requires an emergency C-section. About 40 minutes subsequently the doctor performed a vaginal examination. The physician documented that the woman was 4 centimeters dilated. The doctor placed a fetal scalp electrode which showed early decelerations. Even though it was not noted in the case report, specific types of decelerations may be a sign of fetal distress. Shortly more than one hour afterwards the woman was fully dilated. The nurse's records mentioned the occurrence of shoulder dystocia, the delivery of the baby's head, as well as the use of suprapubic pressure to facilitate delivery.
The baby weighed ten pounds 10 ounces ounces at birth. The newborn had a head circumference in the ninetieth percentile. She was diagnosed with Erb's palsy. As she grew her arm atrophied because of her incapacity to use it. She has developmental delays and she has cerebral palsy. The physicians did not monitor the mother for gestational diabetes yet had ample knowledge that the child was large before birth. Nevertheless, they did not plan on a C-section and did not attempt a standard method prior to using traction to the baby's head. These steps may have avoided the child's injury. The parents pursued a medical malpractice claim against the physicians. The law firm that handled the case revealed that the matter settled for $900,000.
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