SHOULDER DYSTOCIA & ERB’S PALSY
Shoulder Dystocia is a complication that occurs during the delivery process. The baby’s shoulder gets stuck on the mother’s pubic bone (part of the birth canal). This prevents the baby from fully delivering. This is considered an obstetrical emergency because the baby is partially in and partially out of the birth canal, and oxygen is cut off to the baby. The doctors and nurses are required to quickly diagnose shoulder dystocia and then work to free the baby’s shoulder by a series of proper maneuvers and procedures. Sometimes, the doctors and nurses do not do this properly and they apply excessive force (or “traction”) to the baby’s head, pulling the baby far too hard for the baby to withstand. This can result in permanent injury to the nerves of the baby’s arms, called the brachial plexus nerves. This, in turn, can lead to a situation where the baby’s arm is permanently disabled, with serious range of motion and strength limitations. Unfortunately, this condition, known as Erb’s Palsy, can be permanent, resulting in a lifetime disability from infancy through adulthood.
SHOULDER DYSTOCIA EVIDENCE EVALUATION
In assisting parents and family members with Shoulder Dystocia / Erb’s Palsy claims, we gather the medical records for the pregnancy, labor, and delivery and then evaluate those records with the assistance of top national experts in the fields of labor and delivery medicine (obstetrics). Some of the issues we look at in
Shoulder Dystocia / Erb’s Palsy cases include:
- The current functional status and appearance of the child’s arms, hands, and shoulders
- The baby’s weight at birth
- Whether the mother was diabetic during pregnancy
- Do the medical records state that a shoulder dystocia occurred, was shoulder dystocia timely recognized and diagnosed?
- What maneuvers were done to free the stuck shoulder, what is documented in the medical records?
- Was an inappropriate maneuver done, such as “fundal pressure” (pushing on the mother’s stomach)?
- Were the nurses properly trained to assist the doctor?
- Did the hospital have proper policies and procedures in place?
SHOULDER DYSTOCIA – ERB’S PALSY MEDICAL MALPRACTICE CLAIM PROCESS
If the evidence supports a claim of medical malpractice, we work with parents and family members to obtain the best possible outcome for the child and family. We look to assure that the child is taken care of in terms of future medical expenses and life care expenses. We work to obtain money damages for loss of future earning capacity due to any impairment to the child’s future ability to hold a job in the workplace. And, most importantly, we also work to recover just monetary compensation for the human side of what is often a tragic situation, compensation for the harms and losses entailed with the loss of enjoyment of life imposed on the child and family due to the healthcare providers’ negligence. We firmly believe that our work not only matters in the client’s case, but also helps prevent future, unnecessary Erb’s Palsy cases from occurring with the doctors and nurses – we make a difference.
FREE NO OBLIGATION CONSULTATIONS – CONTINGENCY FEES
We offer FREE CONSULTATIONS with no obligation. We work on a CONTINGENCY (commission) basis, where you pay no attorney fees unless we are successful – we are compensated for our work and time based on a percentage of what we recover for the child and family. We advance all expenses for expert witnesses and other litigation costs, such as court filing fees, court reporters for depositions, and the like. We are very knowledgeable, motivated, and we always keep in contact with our clients to keep them informed of the status of their case. We do not delay or procrastinate; we move your case forward to get the best possible result, whether through settlement or jury trial to verdict.