Birth
Injury Lawyer Services
Shoulder
Dystocia/Erb's Palsy/Brachial Plexus
The
birth of a baby is usually a joyous occasion. However,
sometimes the birthing process does not go as planned
because a doctor commits negligence during the birthing
process. A doctor is negligent when he or she fails
to use the degree of skill and learning ordinarily used
under the same or similar circumstances by members of
their profession.
When the baby is too large to pass through the mother's
pelvis, his or her shoulder may become lodged behind
the mother's pubic bone after the head has been delivered.
This is called shoulder dystocia. Shoulder dystocia
means, in the most simplest terms, that it’s difficult
to deliver the shoulders. In the event of shoulder dystocia,
the doctor can support the head of the baby and apply
a small amount of traction during the dislodging maneuvers.
When the doctor uses excessive traction on the head
while the baby's shoulder remains stuck, the Brachial
Plexus nerves in the baby may suffer injury.
Erb's Palsy is a type injury that may occur to the Brachial
Plexus during birthing process. The Brachial Plexus
is a network of nerves that run from the spine through
the shoulder and to the tips of the fingers. Brachial
means arm, and Plexus refers to a network of nerves.
The Brachial Plexus conducts signals from the spine
to the arm and hand. These signals cause the arm and
hand muscles to move.
Children with Brachial Plexus injuries are affected
in different ways. Here are some examples:
1. Some children have no muscle control and no feeling
in the arm or hand.
2. Some children can move their arms, but have little
control over the wrist and hand.
3. Other children can use their hands well but cannot
use the shoulder or elbow muscles.
There are several things doctors can do to decrease
the risk of an Erb's Palsy during birth. If the doctor
sees that the baby is not properly aligned, the doctor
should use appropriate techniques to prevent the shoulder
from getting caught. There are numerous techniques doctors
know to prevent the shoulder from getting caught. For
example, if the shoulder or the baby is gently shifted,
the risk of the shoulder getting caught can be greatly
reduced. Or, the doctor could press down on the mother's
belly to push the baby's shoulder into the correct position.
Many Erb's Palsy cases are the result of negligence
and parents should consider the possibility that a doctor
may not have done all that is possible to prevent Erb's
Palsy and at least request some form of inquiry. Erb's
Palsy medical negligence cases usually involve one or
more of the following issues:
1) Failure to estimate the baby's weight before delivery.
2) Failure to perform a cesarean section.
3) Failure to diagnose and treat gestational diabetes.
4) Failure to inform parents of the risks inherent in
vaginally delivering a large infant.
5) Failure to perform appropriate delivery techniques
to manage shoulder dystocia.
6) Applying unnecessary and excessive force during the
delivery.
7) Applying inappropriate delivery techniques to manage
shoulder dystocia.
The long-term goals for a child with a Brachial Plexus
injury are to be able to have partial or full use of
an affected arm or a hand. Treatment for Brachial Plexus
injuries can include exercise, physical therapy and
surgery. In the case of a Brachial Plexus injury, damages
that can be awarded by a jury may include, among other
things, medical expenses for past, present and future
treatment, pain and suffering, and loss of future earnings
for a babies entire life expectancy.
Please remember that each jurisdiction has different
laws pertaining to these types of claims, so it is important
to seek out competent counsel to advise you of your
rights. As a rule, however, birth injury cases are difficult,
as they are complex and time-consuming. These types
of cases take longer to resolve than a simple negligence
case, and always require expert investigation and testimony.
If you believe a doctor's error may have caused your
baby's Erb's Palsy it is crucial to obtain a knowledgeable
attorney to advise you of your rights and of the rights
of your baby.
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