Birth Injury Attorneys

Bronx, Brooklyn, Long Island, Queens, Manhattan, New York City, NY

 

Erb's Palsy - Newborn Malpractice

 

"I, along with Jacob's father, have had the opportunity to personally observe and evaluate the devotion that this firm dedicated to my son's case and the attention that was given to it throughout the time of their representation. At all times, we were informed and advised of the nature and significance of the developments in the case." — C.G.

 

A frequent birth injury suffered by babies as a result of birth trauma is Erb's palsy, which is also called brachial plexus palsy. Erb's, or brachial plexus palsy, occurs when a doctor uses excessive force and traction when grasping a baby's head during delivery while trying to deliver the shoulder. Excessive force and traction can injure spinal nerves located in the cervical area of the spine, most commonly at the root of the C5-C6 nerves. This causes a permanent nerve injury, causing the arm to be limp, weak and partially paralyzed. The shoulder, hand and brachial plexus of a newborn can also be injured by this extreme force.

 

This type of difficult delivery is caused by shoulder dystocia, which is a complication that is preventable when the factors associated with a high risk of shoulder dystocia are caught by a careful doctor. These factors include birth weight estimated to be greater than 4000 grams (macrosomia), gestational diabetes, prolonged second stage of labor, multi-parity and other factors. The delivering doctor has the responsibility to carefully evaluate both baby and mother before attempting to vaginally deliver a baby. Sonography is a safe, simple method of helping to accurately predict the birth weight when performed near the time of anticipated birth.

 

The only way to completely prevent shoulder dystocia is delivery by cesarean section.

 

When shoulder dystocia has not been diagnosed by the physician and the baby's head has been delivered, then good and accepted medical practice demands that the physician not place excessive traction in an attempt to deliver the shoulder. Also, the physician must not apply excessive downward traction on the fetal head in an attempt to deliver the shoulder. Fundal pressure cannot be used to aid delivery until at least one shoulder is delivered. The correct method is known as the McRoberts maneuver, which requires the mother's thighs to flex upon the abdomen, reducing the amount of traction needed to deliver the shoulder (anterior). Suprapubic pressure perpendicular to the abdomen is also used to push the anterior shoulder into the oblique or under the symphysis pubis.

 

When a doctor fails to follow these relatively simple steps, causing permanent injury to an infant, that doctor is responsible for the harm and damages caused.

 

Every year we are consulted by parents of babies who were delivered traumatically and are now plagued by a loss of the use of their arm and decreased range of motion, strength and vitality. When dealing with experienced legal representation firms such as ours, doctors' insurance companies usually try to settle these medical malpractice cases. Sometimes, the insurance companies try to cheat the baby by not paying insurance money. So, in order to succeed against big insurance companies in the courtroom, parents of these infants need experienced birth injury attorneys representing them at trial.

 

Learn more on our frequently asked questions about Erb's Palsy page.

 

If your family has been involved in suspected birth injury to your child, please contact the birth injury lawyers at Silberstein, Awad & Miklos, P.C., serving clients throughout New York.

 

 

 

Silberstein, Awad & Miklos, P.C.
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