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A type of case frequently seen by a birth injury lawyer is the Erb’s palsy injury. This is an injury to the nerves in the newborn’s shoulder which affect the shoulder, the arm and the hand. Sometimes the baby will have to have surgery. Even with surgery, though, some children will be left with lifelong injury to the arm.

When evaluating these cases an erbs palsy attorney takes into account several issues. Some of the issues is whether the doctor involved had data indicating there might be problems from a vaginal delivery and took adequate measures to prevent them.

In one reported lawsuit, for example, the baby’s mother had earlier delivered 2 additional children. The two had been born large babies. The pregnant woman was recorded as being borderline for gestational diabetes in the fourth month of her pregnancy. She had substantial weight gain while in the pregnancy. The unborn child had been documented larger than expected at 4 months of pregnancy and to be in the ninetieth percentile for weight. Her physicians scheduled her for induced vaginal labor in the 40th week of pregnancy.

Once admitted to the hospital for the planned vaginal delivery several worrisome indications were observed. However, the physician failed to make an effort to test the mother one more time for gestational diabetes or to approximate the baby’s weight prior to inducing her. The doctor went ahead with a vaginal delivery.

Hospital records revealed that shoulder dystocia was present and that following delivery of the infant’s head, as opposed to using a commonly employed technique, the doctor just applied suprapubic pressure to assist in delivery. The child weighed ten pounds 10 ounces at birth and had a head circumference in the ninetieth percentile. She suffered from Erb’s palsy. As she got older her arm atrophied from her incapacity to use it. She has developmental delays and she has cerebral palsy. According to law firm that represented the family announced that the lawsuit settled for $900,000.

The above is not medical or legal advice. Check with a doctor without delay if you think there is a problem with your pregnancy or your child has a health issue. Seek the advice of a medical negligence lawyer if you believe your infant was hurt as a result of a mistake by a doctor or other well being care professional.

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