Erb's Palsy

Bigger Babies = Bigger Shoulder Dystocia Risk

2010-11-01T11:39:00.000-07:00

Parents of a Chicago baby that suffered complications of shoulder dystocia at birth won a $3.27 million judgment in a jury trial.

The baby's mother had several risk factors for carrying a large baby and was not informed of the dangers of a vaginal birth. The baby's shoulder became stuck against his mother's pelvic bone. When the doctor pulled too hard, the baby suffered permanent damages to the nerves in his right arm.

The doctor failed to disclose the risks and alternatives to vaginal delivery.

The child, now 8 years old, has limited use of his right arm which is shorter and smaller than his left arm and has undergone surgeries to correct it.

Overweight Women and Shoulder Dystocia Problems

2010-08-17T16:06:00.000-07:00

As pregnant women get fatter, the risks for childbirth complications expand.

According to the National Institute for Health & Clinical Excellence, about 50 percent of women of childbearing age are either overweight or obese.

Potential complications for at risk pregnancies include miscarriage, pre-eclampsia, thromboembolism and maternal death. Research also suggests obese women are more likely to have an induced or longer labor, instrumental delivery, or a postpartum hemorrhage.

Babies born to overweight and obese women faced significant health risks such as a greater chance of congenital abnormality and shoulder dystocia.

Shoulder dystocia happens when a baby's shoulder becomes stuck which creates an emergency situation in the delivery room, a crisis that many a delivery room or is not equipped to handle. The same crisis cannot be handled properly by midwives or birthing centers. There is more risk for a child to be stillborn.

Doctors and birthing centers should be counseling women prenatally on sensible exercise, healthy diets, and not eating for two.

Preventing Shoulder Dystocia Complications

2009-08-13T11:22:00.000-07:00

Two little words -- shoulder dystocia -- can bring fear into the delivery room.

Shoulder dystocia describes the condition when the baby's shoulders are not entering the mother's pelvic area the right way. Although not that common, shoulder dystocia can lead to mild to serious complications and lawsuits.

Your doctor or healthcare professional should be paying attention prior to delivery about the possibility of shoulder dystocia occuring. The positioning of the baby inside the mother's womb can provide a head's up that shoulder dystocia may be a problem during delivery.

The delivery team should be experienced in shoulder dystocia. Other recommendations include being prepared for the succession of several solutions such as putting pressure at the public bone to possibly allow the shoulder enough room to move through the birth canal; get the patient on her hands and knees which is easier said than done under anesthesia; performing a Cesarian section birth; plus other complex procedures.

After delivery, babies should be closely monitored for breathing, fractures, and other problems associated with shoulder dystocia.

Erb's Palsy - Importance of Therapy and Treatment

2008-12-19T23:16:00.000-08:00

Erb's Palsy is a condition that often affects very young children. The condition falls under a category of injuries known as Brachial Plexus Injuries. These are a network of nerves that service the shoulders, arms and hands. Erb's Palsy occurs when these nerves are damaged in some way - usually they are pulled or torn when the shoulder is injured. The reason why this condition affects children so often is because this damage often occurs during childbirth. Studies show that about 2 in every 1,000 babies have this condition.

The severity of this condition varies according to the damage. In some cases, the nerve gets completely cut off from the spinal cord - this is the worst kind of brachial plexus injury. The good news is that in a number of cases, particularly among children, the damage heals on its own. Infants who sustain this injury at birth often take about 4 months to heal completely. If the injury is more severe then physical therapy, and in some cases, surgery is recommended.

It's important to note that nerve surgery should occur within the first three months of the child's life. Surgery performed after the baby's first year will not be effective. It's also important to do physical therapy with your child, starting when they are about three weeks old. These should be done at least twice a day - your doctor will give you a range of exercises to do.

Remember that children who are affected by Erb's Palsy may continue to experience weakness in the affected arm. This is why physical therapy and continued treatment at the right time is so important.

Home Births vs Hospital Births: Who's at Risk?

2008-12-14T04:00:00.000-08:00

Should you have your baby at home or in a hospital?

That is a very personal question and how that question is answered is in part dependent on whom you are asking. If you are asking the American Medical Association or the American College of Obstetricians and Gynecologists then the answer is a hospital. It is the feeling of both organizations that home births are not safe and should be discouraged in the United States.

In fact the American Medical Association went as far as to endorse a resolution highlighting the risks of at home births after former talk show host Ricki Lake made a documentary movie advocating home births. According to Ricki Lake, the documentary “The Business of Being Born” was intended to inform women about their choices regarding childbirth and to give women access to all of the facts when making their decision.

The resolution adopted by the American College of Obstetricians and Gynecologists and endorsed by the American Medical Association declares hospitals to be the safest place for women to have babies. It goes on to warn women about the potential dangers of shoulder dystocia and other complications.

The story reported in the June 18, 2008 NY Daily News does not consider whether certified midwives would be able to safely birth babies who suffer from the unpredictable condition of shoulder dystocia. However, reader comments on this story seem to focus on that very point.

Several women discuss their experiences of having a baby who experiences shoulder dystocia.

Some discuss their hospital experiences and others discuss their home birth experiences. If you would like to read the story and accompanying comments, please click here.

Please leave a comment and tell us what you think: Are home births inherently unsafe because of unpredictable complications such as shoulder dystocia or do they provide a viable and important alternative for women?

Erb's Palsy: Can a New Tool Predict Complications?

2008-12-09T15:50:00.000-08:00

Regional Women’s Health Management is one of the largest providers of obstetrical and gynecological care for New Jersey women. The group treats over 200,000 women annually and delivers approximately 5,000 babies.

In May 2008 Regional Women’s Health Management entered into an agreement with LMS Medical Systems to provide a new and innovative tool to help predict shoulder dystocia and prevents its potentially horrible effects. Shoulder dystocia occurs when the baby’s shoulder gets stuck during birth. The potential effects include nerve damage, Erb’s palsy, brain damage and even death.

The new tool developed by LMS Medical Systems is called the CALM Shoulder Screen. CALM Shoulder Screen will help doctors manage shoulder dystocia.

Dr. Kay, the Chairman of Regional Women’s Health Management, says that “Shoulder dystocia is one of the scariest crises to occur in obstetrics…We believe the CALM Shoulder Screen will not only help us to identify the higher risk mothers and take action to avoid a significant number of persistent injuries, but also help us to properly identify those lower risk mothers who have a chance of delivering without unnecessary intervention."
While it is too early to tell if Dr. Kay’s predictions will turn out to be true, it is safe to say that this will be a major breakthrough in medical care if they do. It is important to both minimize the cases when shoulder dystocia occurs and to minimize medical interventions. The CALM Shoulder Screen is designed to do both of those things.

Childbirth is a very uncertain undertaking and mothers who develop complications are very dependent on their medical providers to help them through childbirth safely. Any tool that can help doctors anticipate the medical emergency that is shoulder dystocia is a welcome development that could benefit many mothers and newborns every year in New Jersey and around the country.

Complications of Labor: Shoulder Dystocia

2008-12-04T13:42:00.000-08:00

Shoulder dystocia is a complication of labor that is not only dangerous to the baby but also to the mother. It is a hard condition to predict and while there are conditions that make it more likely to occur there is not an accurate way to diagnose it prior to delivery.

What are the risks to the mother?
There are several risks to the mother. Some merely add to the already painful experience of childbirth and others are more serious and may require further medical interventions in order or prevent serious injury or death for the mother. The risks include:
· Rupture or significant tearing to the mother’s uterus;
· Hemorrhaging after delivering the baby;
· Bruises or tears;
· Tearing;
· Damage to the bladder.

There is a lot of discussion, research, and attention paid to the complications of shoulder dystocia on newborns. Doctors should have the responsibility to inform parents-to be about the risks of shoulder dystocia to both newborns and mothers.

If you are a pregnant mother and your doctor tells you that your baby is large, you suffer from diabetes, or you are obese or very small then do not hesitate to ask your doctor what his or her professional opinion is about the likelihood of shoulder dystocia.

Also, ask about how your doctor will handle shoulder dystocia if it presents during delivery. Will you be given an episiotomy? Will the doctor use a vacuum or forceps? Or, will the doctor opt for an emergency C– Section?

For more information about the potential risks to the mother, as well as the baby, please visit the University of Michigan’s Health System web page on shoulder dystocia.

Should Dystocia: Birth Injury Risk Factors

2008-11-30T03:38:00.000-08:00

If you are pregnant and your unborn child is estimated to weigh more than 8 pounds, 13 ounces, then you may be concerned about potential birth injuries including shoulder dystocia and Erb’s palsy. While neither condition is able to be predicted prior to your child’s birth, there are number of factors that put you and your baby at risk.

Your risk for those conditions is elevated if you are over the age of 35, obese, significantly past your due date, diabetic or if you have previously given birth to a large baby or one who suffered from shoulder dystocia.

Being at risk does not render you helpless. Depending on how large your baby is estimated to be and the number of risk factors, you may decide to speak with your doctor about delivering the baby via a Cesarean Section (C – Section).

Yet, it is important to know that a C – Section is major surgery and it not without risk. C – Sections carry many of the same risks as other major surgeries including the risk of infection, blood loss and respiratory complications from anesthesia. Other complications include risk of changes in bladder or bowel function that may require further surgeries. C- Sections require longer hospital stays and recovery times than vaginal births and carry a higher risk of maternal death at about 1 in 2,500 as compared to 1 in 10,000 vaginal births.

For more information about the pros and cons of C – Sections please visit the NYU Langone Medical Center website.

When the time comes to make a decision, most women are dependent on the knowledge and expertise of their doctors to help them come to the right decision. It's important that you work with a doctor whom you trust to exercise the right standard of care.

Shoulder Dystocia, Pregnancy, and Diabetes

2008-11-25T15:34:00.000-08:00

Shoulder dystocia is one of the most common birth injuries. The degree of severity varies significantly within the .3 -2 births per 1,000 that are affected by this complication. The likelihood of shoulder dystocia increases if you are a mother with diabetes.

It is often said that is not possible to predict shoulder dystocia until the mother is actually delivering the baby. While that is technically true, there are risk factors such as maternal diabetes that increase the chances of shoulder dystocia and there are ways to minimize the risk.

Can Shoulder Dystocia be Prevented?
No, shoulder dystocia cannot be prevented because it cannot be accurately predicted. However, if you have Type I, Type II or Gestational Diabetes then there are things that you can do to lower your risk of delivering a baby that suffers the trauma of shoulder dystocia.

The best way to prevent shoulder dystocia is to keep your baby within an ideal birth weight of approximately 6 pounds to 8 pounds 13 ounces. Of course, this is not always possible and there are many factors that are not within the control of either the mother or her doctor.

Here are some things that you can do to keep your diabetes under control and maximize the odds of having a baby that is less than 8 lbs 13 oz:
· Allow your doctor to perform the recommended tests to determine if you have diabetes;
· Follow the diet prescribed by your doctor, nurse or nutritionist;
· Exercise regularly, as discussed with your doctor;
· Take oral medications or insulin as prescribed by your doctor;
· Test your blood sugar several times a day, as directed by your doctor, to make sure that your blood sugar levels are staying within your targeted range. Whenever you get a reading that is outside of the targeted range, contact your doctor.

It is hard to be diabetic and pregnant. However, it is well worth the effort that it takes to effectively manage your diabetes so that you may be able to prevent your baby from suffering a birth injury.

Erb's Palsy Risk Factors

2008-11-22T15:31:00.000-08:00

Prospective parents are often nervous about the impending birth of their child. Labor and delivery is serious business and apprehensive parents often spend a lot of time planning for a healthy baby.

Parents are often worried about possible injuries that can happen at birth. One of the injuries that can occur during birth is Erb’s Palsy. Erb’s Palsy affects the nerves that are required for proper movement of the shoulder, arm and hand. There is no one cause of Erb’s Palsy. However, there are a variety of factors that make it more likely to occur and it is important for prospective parents to speak to their obstetricians about their options for a safe delivery if one or more of the risk factors are thought to be present.

The risk factors for Erb’s Palsy include difficult deliveries, large babies (over 8 lbs 13 oz), a baby in the breech position, prolonged labor and the use of forceps or vacuum suction to help the baby be delivered. It is possible for ultrasound technicians and obstetricians to estimate the size of the baby and ascertain the baby’s position prior to delivery. And, it is often, though not always, the size of the baby and the baby’s position that result in difficult deliveries, prolonged labor and the use of forceps or vacuum suction.

So, if you are a parent-to-be and you have a breech baby or a baby that is estimated to weigh more than 8 lbs 13 oz, discuss your options with your doctor. Discuss whether the risk of Erb’s palsy or other birth injuries is greater than the risks associated with a C-section.

It is important that parents take the initiative and not wait for doctors to begin the conversation. It is your baby and you want to do everything possible to bring your baby into the world safely and with as little trauma and injury as possible.

Erb's Palsy: Definition and Treatment

2008-11-17T15:28:00.000-08:00

Erb’s Palsy or Upper Brachial Plexus Palsy is a birth injury that restricts movement and sensation in the arm. It occurs when there is damage during birth to the upper brachial plexus, or the group of nerves that control movement and sensation in the arm. Infants with Erb’s Palsy cannot move their shoulder and keep their arm extended. It is estimated that somewhere between .2 and 2.0 infants suffer from some kind of Brachial Plexus Palsy for every 1,000 births.

How is Erb’s Palsy Diagnosed?
Erb’s Palsy is first diagnosed in the delivery room. Usually the obstetrician or the pediatrician who is in the delivery room will make the initial diagnosis.

There are four types of Erb’s Palsy:
· Avulsion: where the nerves separate from the spine
· Rupture: the nerve is torn but not separated from the spine
· Praxis / Stretch: the nerve is damaged but not torn
· Neuroma: Scar tissue from an injury pressures the nerve but the nerve itself is not damaged.

How is Erb’s Palsy Treated?
Over the course of the next few months, the infant should receive help from a team of professionals. The team should include the child’s usual pediatrician who should help the parent monitor and coordinate the efforts of the rest of the team. The rest of the team should include:
· A neurosurgeon who can determine whether the child is likely to need surgery and who can perform the surgery;
· Both physical and occupational therapists who can assess the arms function, provide treatment to maximize use of the arm and teach parents exercises to do at home
· An orthopedic surgeon, if the child is over one year old and has deformities of the shoulder, arm or hand; and, most importantly,
· The parents who perform exercises regularly at home and who initiate and provide consent for the rest of the treatment.

It is scary to find out that your newborn has Erb’s Palsy. However, it is very important to get treatment as soon as possible so that your child has the best chance of overcoming the condition.

Medical Malpractice: Injury at Birth

2008-11-02T13:52:00.000-08:00

When a baby is physically injured during labor or delivery, it is often a bittersweet moment for the parents. The baby is greeted with excitement and joy. Yet, the parents may also be experiencing anger that their child was born with a problem that may not have existed except for the circumstances surrounding the child’s birth.

Sometimes birth injuries are unavoidable but other times they are a result of medical malpractice. Usually proper prenatal care and a qualified team of doctors at a baby’s deliver can minimize the risk of birth injuries. However, when there are known risk factors and the doctors do not take the proper precautions, some babies may be born with injuries that were otherwise preventable.

The risk factors for significant birth injuries include: large babies (usually over 8 lbs 13 oz), premature babies (born before 37 weeks), the size and shape of the mother’s pelvis being inadequate for delivery, shoulder dystocia, prolonged labor or a baby that is not head first when delivered vaginally.

Some birth injuries are cosmetic or temporary in nature and others have life long effects. Injuries to be concerned about are to the brain and spinal cord. Some infants suffer from conditions like Cerebral Palsy and Erbs Palsy. Both can occur from damage to muscles and nerves during the birthing process and both often present lifelong challenges.

Other injuries cause infants (and their parents) pain and discomfort but can be corrected with proper medical care. For example, sometimes babies are born with fractured bones or damages to the facial nerves. In both cases, doctors can often correct the birth injury although surgery may be required and the babies will still experience pain and discomfort that could have been avoided.

Additional information about common birth injuries can be found at the Children’s Hospital of Philadelphia website.

Erb's Palsy and Shoulder Dystocia: Facts

2008-10-28T13:19:00.000-07:00

Erb's palsy and shoulder dystocia are a bit of a conundrum. On one hand, both these conditions are rare occurrences, with Erb's palsy affecting 1 in 2,000 children with only 10% of such affected children ever needing treatment. In the case of shoulder dystocia, the numbers are even lower, with the condition occurring in less than 1% of births.

Let's take a look at the rarer and more dangerous of the two -- shoulder Dystocia which occurs during the process of childbirth, when the shoulders of the baby don't enter the pelvis. Unfortunately, there's no way of knowing when this might strike or which mothers or babies are more prone. However, your medical practitioner needs to be aware of the six maneuvers that can be used to alleviate the problem. Medical practitioners also need to know what to look for once the baby is born. Problems with erb's palsy and shoulder dystocia often happen when the attending physician is negligent.

Erb's palsy is a condition that occurs due to a brachial plexus injury to the child during the birthing process. There are two reasons why this condition isn't always given the care that it needs: Its occurrence is very rare and most infants tend to heal on their own with no problems. If Erb's palsy is more serious, the movement of the entire arm may be affected. Hence, Erb's palsy and shoulder dystocia need to be taken seriously to ensure the health and happiness of the affected child.

New surgery for children with brachial plexus injuries

2008-10-20T21:21:00.000-07:00

Brachial plexus is a cluster of nerves that connects the arm and hands to the brain. About one in 500 newborns suffer brachial plexus injuries during birth. Children either grow out of the problem, have surgery or live with disabilities. The previous method of cutting a patch of nerve from another part of the body and grafting it around the damaged nerve has downsides because it would leave a numb patch elsewhere on the body.

The newer surgery is called a nerve transfer. During the six-hour microsurgery, he cut the crushed nerve that exchanged messages between the girl’s hand, arm, shoulder and brain and reconnected it to a healthy, redundant nerve that didn't have much purpose.

The toddler suffered an injury that paralyzed her left arm and cracked a bone in her neck. The surgery has been around for adults for years, but now that is available to infants so doctors can fix problems before they pass the point of repair.

After a few months, she was reaching over her head, an amazing feat.

Do you need an Erb's Palsy lawyer to fight for what is right?

The Occurrence of Shoulder Dystocia

2008-09-25T09:06:00.000-07:00

Medical malpractice can cause shoulder dystocia.

The delivery of a baby is a wonderful event. Most parents look at the delivery of a child as a miracle. But, it is not a mystic miracle; it is a hospital procedure. Yes, this may seem like an antiseptic description of the delivery process but it is an accurate one. Remember, it is critical that parents understand there is a proper process for delivering a child. This way, the parents will understand that any flaws inherent with the delivery of the child might very well be the fault of the delivering physician. For example, the unfortunate occurrence of shoulder dystocia is a common and painful delivery problem.

Shoulder dystocia refers to the instance of the baby's shoulder pressing against the mother's pubic bone. This can lead to a variety of problems including severe injury to the baby and/or the mother. This is why physicians must always pay strict attention to any warning signs indicating this problem. When these warning signs become visible it is critical that the physician takes the appropriate steps to nullify the dangers of the problem.

Thankfully, there are a number of factors that can aid in predicting whether or not a child is at risk for shoulder dystocia. One such factor is that certain birth weights are susceptible to this problem. Of course, even if the condition is not predicted there are steps one can take to minimize the effects of the problem. Granted, the physician must perform the deliver properly or else major problems may result. In such a case, it is possible that a medical malpractice suit can be filed against the physician and hospital.

Granted, while there is no amount of money that can change what has happened, the financial compensation derived from such a medical malpractice suit can allow the afflicted party to move forward and seek medical care from a better financial position.

What is Erb's Palsy?

2008-08-31T06:39:00.000-07:00

Erb's Palsy is defined

When a child is born parents will hope for the best for the child. This includes the child's health and well being. However, there will be instances where the child must overcome a variety of ailments in order to live life to the fullest. If the child suffers paralysis of the arms and shoulders there will be a number of limitations for the child must overcome in life. Now, this is not confirmation such a situation is hopelessly dire. It just means that situation needs to be addressed. If during this process it is discovered that the child's paralysis is the result of a doctor's negligence, it is understandable that the parents would wish to seek civil litigation as a result of the problem.

Many instances of paralysis in children are the result of Erb's Palsy developing when the child is delivered. Erb's Palsy is a nerve injury that occurs when the nerves are torn partially from the spine. In some instances, this is unavoidable. However, there will be those instances where it is clear that negligence was the result of the damage. A doctor is required to follow the proper procedures for the deliver of a child. If the doctor is grossly negligent then the doctor and the hospital may be held liable for the resultant injury.

There is an established proper procedure for the delivery of a child. If the doctor does not follow this established procedure and an injury results, the doctor may be held liable. Also, if the doctor fails to diagnose Erb' Palsy the doctor may be held liable as well. In short, there are a lot of responsibilities on the shoulder of the doctor and they must all be taken seriously. When a doctor is deficient in this duty, the may be guilty of malpractice or worse.

Looking for the Erb's Palsy Risk Factors

2008-07-31T06:39:00.001-07:00

Negligence is often the cause of Erb's palsy

No parent wishes to see any harm come to their child. Yet, issues of medical malpractice often lead to difficult births. Sometimes, the negligence of the attending physician can lead to serious disorders such as Erb's Palsy. This is why parents will feel violated by their doctor and will seek to file a lawsuit. And, yes, many lawsuits have been filed after it is discovered a child is suffering from Erb's Palsy. But, is the appearance of Erb's Palsy enough for the parent to win a victory in a lawsuit? The answer this is obviously no. In order to win damages in such a contentious lawsuit, it is critical to prove liability on the part of the doctor or the hospital.

So, what is it that the injured party must prove? Well, obviously, proof must be presented that the doctor was a fault and it was not mitigating circumstances outside of the doctor's responsibility that led to the problem. For example, if the mother was obese then the mother might very well be responsible for the development of the nerve damage in the child. This is because obesity is a common factor in the development of Erb's palsy related nerve damage.

Gross negligence on the part of the doctor would obviously strengthen any lawsuit. If the doctor uses too much force in the delivery and an injury results and then this would be a clear cut case of negligence and medical malpractice. A failure to diagnose risk factors that could lead to Erb's Palsy would also swing the pendulum of negligence towards the doctor. Therefore, it is the responsibility of the attorney to ascertain where the fault lies and then seek appropriate damage in a court of law. If the case is strong enough and the argument compelling, then a positive outcome may result.

Explore The Following Issues With Your Erb’s Palsy Lawyer

2008-07-17T09:55:00.000-07:00

How many birth injury cases has he/she undertaken up till now and how many has he won?
Has he/she obtained any jury award for any settlement?
What fee is he/she charging for his service?
Do your get prompt attention in his/her office -- do they quickly return your calls?

Erbs Palsy Cases - Erbs Palsy - Victim Of Erb’s Palsy

2008-06-20T06:30:00.000-07:00

Erbs Palsy cases can be filed if the family of the victim wishes to sue the medical professional or the obstetrician whose medical negligence led to the birth complication in the new born.

Often Erbs Palsy Cases are preventable and occur due to the negligence of the physician or the obstetrician.

Thousands of Americans suffer from this condition which is commonly associated with birth complications. In Erbs palsy, any or all of the five primary nerves controlling the arm movements and feeling are damaged during birth. This complication can also arise as an accident in adults which would be similar to clavicle fractures.

If Erbs palsy has occurred in a patient due to the result of medical malpractice or the negligence of the doctor, then the family may want to contact a law firm to investigate and possibly file a case. The counsel of an Erb’s palsy attorney may prove valuable as the settlements and the verdicts are generally complex in such cases.

Settlements And Verdicts In Erbs Palsy Cases
• There is a chance of an out of the court settlement can be reached to provide compensation for the damage caused to the victim.
• If a settlement is not reached, then proceeding through trial and to verdict is the only way for a victim of Erb’s palsy to obtain financial damages from the defendant.

Shoulder Dystocia Law - Shoulder Dystocia - Erb’s Palsy Injury

2008-06-15T06:17:00.000-07:00

Shoulder dystocia law is for those victims and their families who have suffered due to medical negligence on the part of physicians and obstetricians. This medical complication is now occurring in almost 30,000 deliveries across the U.S. every year.

A Primer on Shoulder Dystocia Lawsuits

Shoulder dystocia law comes as a welcome relief to those individuals, who have being undergoing undue emotional and mental stress due to the Erb’s palsy injury. This medical complication occurs in almost 30,000 babies across America every year. In this condition, the child’s head is able to clear the cervix during delivery but its shoulders become impacted behind the mother’s pelvis.

Due to the above condition, the impaction prevents vaginal delivery and the baby faces what is known as the turtle sign. Here the head appears to be pulled back tightly against the vulva. The fear that if the baby is not quickly dislodged it would lead to breathing complications leads the doctors to maneuver the baby out manually.

The incidence of Shoulder dystocia may lead to serious injury to the baby. He may get fracture of the clavicle, fracture of the humerus or may receive permanent or temporary injury that involves the nerves which are attached to the spine. The shoulder dystocia law is aimed at protecting such families by providing them with financial relief so that they can incur the medical costs easily.

Shoulder Dystocia Law - Complications Developed In The Victim
• Fractures of the clavicle or the humerus.
• Injury to one or all five nerves which are responsible for the movement and the feeling of the arms.
• Hypoxia leading to brain damage.
• In some cases, it may lead to death of the victim.

It may be inconvenient for some to go out of the way to get the best attorney for these birth injury cases as the expenses involved would be high. So the best way is to try and manage an out of the court settlement where the victim’s family would be given the required compensation. If you still must file a lawsuit against the medical institution, then make sure that you get the right attorney who is well versed with the shoulder dystocia law.

Settlements In Erbs Palsy Case - Erbs Palsy Case - Cerebral Palsy Lawsuits

2008-06-05T06:18:00.000-07:00

Settlements in erbs palsy cases can happen after the normal procedure of filing a lawsuit or can even happen outside the courtroom setting, prior to a trial. An individual must have the ability to develop a strong lawsuit and get advice from an experienced attorney to recover damages for malpractice.

How Do Settlements In Erbs Palsy Case Happen?
Individuals who have suffered due to the neglect of the doctor or due to some medical malpractice have the right to Settlements in erbs palsy case. Currently there are more Cerebral Palsy lawsuits in the courts across America then the number of cases of Erb’s palsy. Some of this litigation involves cases, wherein a child’s arm got paralyzed due to the negligence of the physician.

Those individuals who have suffered due to neglect and medical malpractice have the right to file a lawsuit against the practitioner and consider seeking a settlement in their erbs palsy case. It just might turn out that the plaintiff would be awarded money from a jury as compensatory damages. The compensation amount depends on the severity of the injuries proved in the medical malpractice suit.

Settlements In Erbs Palsy Case
How To Go About It?
• Those who feel that they have been a victim of medical negligence should locate a good law firm that deals primarily in medical malpractice.
• Educate yourself on the steps of building a birth injury case and then file an Erb’s palsy lawsuit.
• Legal view offers instant assistance through its website which would help you in locating the a lawyer in your area.

Many a times, the plaintiff develops a strong enough case against the medical professional and the case is settled outside the court. This would happen when rather than dealing with a lengthy legal trial, the medical professional’s insurance company meets the needs of the plaintiff. Here the settlements in erbs palsy cases would be be reached in order to help recover the financial losses that the victim has suffered.

Erb's Palsy Malpractice - Erb's Palsy - Erb’s Palsy Malpractice Lawyer

2008-06-05T06:15:00.000-07:00

It is very important to choose an attorney who has extensive experience in handling Erb’s palsy malpractice cases. Try and seek a lawyer who offers free consultation for his services.

Everything About Erb’s Palsy Malpractice

Choosing an Erb’s palsy malpractice lawyer is one of the most difficult jobs on hand if you finally have chosen to sue the hospital. Try and select one who has extensive experience in medical malpractice and OBGYN lawsuits. The lawyer should not only qualify for the lawsuit but should also provide free consultation for the case to you.

A family is flooded with emotions after the birth of their newborn. And at this stage if they are told that the infant has developed labor complications, then it would be a most heart wrenching moment, both for the mother and the father of the baby. If the baby is born as a breech deliver case, then it is likely that his hands and shoulders could get injured due to excessive pulling during delivery. This may result in what is known as Erb’s palsy which is a form of arm paralysis. Though, this complication might cure on its own over time, still the emotional and the mental stress that is caused is enough for filing a case against the defendants.

Finding the right Erb's Palsy malpractice law firm is a challenge for a family who is unaware of the legalities involved. You would have to select a lawyer for your case from a wide array of lawyers available and try to locate someone who has previous practice in birth injury litigation. These attorneys would be able to provide you with the most insightful legal consultation regarding the development of your case.

Requisites Of A Erb’s Palsy Malpractice Lawyer
• Choose a lawyer with an extensive previous experience history and one who is a specialist in specific birth injury cases.
• Try and maximize the compensatory damages that may be available to the victim by discussing with your lawyer how the injury has impacted your life.
• Know your rights well and have proper knowledge of what is covered under the Erb’s palsy malpractice suit.

Shoulder Dystocia Lawsuit - Shoulder Dystocia Injury - Shoulder Dystocia

2008-05-30T12:54:00.000-07:00

A shoulder dystocia lawsuit is designed for filing a case against the party responsible for the Erb’s palsy injury. The lawyer handling the case must be able to prove that the defendant’s actions and his negligence led to such a situation of the victim.

When To File A Shoulder Dystocia Lawsuit
Shoulder dystocia lawsuit is type of personal injury case. It is filed against a medical professional by charging him with medical irresponsibility in handling a delivery case. Such a lawsuit can be filed to protect the new mother or the newborn child that has suffered and has got a shoulder dystocia injury as a result of the doctor’s negligence. In a shoulder dystocia lawsuit, the doctor is the defendant. The injured party is the plaintiff. The plaintiff has to prove that the defendant’s actions are due to his medical malpractice. Filing a legal case is a practical option for those persons who have suffered both financially and emotionally due to the negligent actions of the doctor.

Situations Where The Doctor Can Be Held For A Shoulder Dystocia Lawsuit
• When the doctor fails to identify and address the shoulder dystocia risk factors.
• When the doctor fails to act as per the appropriate medical protocol during the delivery process.
• When the doctor employs inappropriate methods which lead to shoulder dystocia.

A Shoulder dystocia lawsuit should be filed as early as possible to provide the inured party timely relief. However, this would also depend on the factual details of the case and the specific state’s law. Timeliness, in legal terms, is called the Statute of Limitations. Any experienced attorney would be able to provide details of the legal specifics regarding the lawsuit and when it needs to be filed. Hence, a plaintiff should seek, without delay, relief by filing a shoulder dystocia lawsuit as a financial compensation. The goal is to obtain a recovery of money to help cover the medical costs, lost wages, and pain and suffering caused by the medical negligence of the doctor.

Shoulder Dystocia Lawsuit - Shoulder Dystocia - Shoulder Dystocia Injury

2008-05-20T07:25:00.000-07:00

A shoulder dystocia lawsuit is designed to be filed against the party responsible for the Erb’s palsy injury. The lawyer handling the case must be able to prove that the defendant’s actions and his negligence led to injury to the victim.

All About A Shoulder Dystocia Lawsuit

A Shoulder dystocia lawsuit is a personal injury case that is filed against a medical professional. It charges him with the case of medical irresponsibility in handling a delivery of the child at birth. Such a lawsuit is filed on behalf of the mother or the new born who has suffered as a result of the medical malpractice and has a shoulder dystocia injury.

In a Shoulder dystocia lawsuit, the doctor is the defendant and the injured party on whom the negligence act was conducted is the plaintiff. The plaintiff must prove that the defendant’s actions and his medical malpractice led to harm.

Situations Where The Doctor Can Be Held For A Shoulder Dystocia Lawsuit:

• Failure to identify and address the shoulder dystocia risk factors.
• Failure to follow the proper medical protocol during the delivery process which would have become complicated.
• A doctor who employed forceful or other inappropriate methods that lead to shoulder dystocia can also be held responsible for a lawsuit.

A shoulder dystocia lawsuit must be filed within a certain period of time which normally begins to run from when the injuries were first suffered. The time reqruiements (Statute of Limitations) would depend on the facts of the case and the specific state law. All experienced attorneys would be able to provide details about the other legal specifics regarding the lawsuit.

A plaintiff can seek relief in the form of financial compensation by filing a shoulder dystocia lawsuit. This amount would help him to cover the medical costs that he would have to incur due to the medical negligence of the doctor. The compensation would also cover the loss of income or the earning potential and the psychological suffering that the patient would have to bear.

Obstetrical Brachial Plexus Injury

2008-04-14T10:38:00.000-07:00

Injuries to the brachial plexus during birth are a fairly common form of birth injury. Obstetric Brachial Plexus Injury, also known as Erb’s Palsy, can occur during childbirth when the shoulder is caught under the mother’s pelvic bone, a medical emergency called shoulder dystocia. The brachial plexus is a set of nerves that run from the spine through neck and armpit to the arm. When these nerves are injured, the effects include weakness, decreased reflexes, decreased sensation, paralysis and obvious malformation. Risk factors for brachial plexus injury include the use of vacuum or forceps during delivery or a large size baby. Most affected newborns recover quickly with minimal intervention. However, a minority of victims may suffer long term disabling injuries. A legal suit involving Erb’s Palsy would need to show that the physician should have followed protocols that should have prevented the shoulder dystocia from resulting in the brachial plexus injury.

Free Consultations for Erb's Palsy Claimants

2008-04-04T11:12:00.000-07:00

If you are an adult who has suffered nerve damage as a result of Erb's Palsy as a child and feel it was due to the negligence of a physician how do you go about filing a suit? And, for that matter, what are the odds of winning? Obviously, these questions can not truly be answered here and should be discussed in a meeting with an attorney. This is where a free consultation is helpful and if an attorney offers free consultations for Erb's Palsy cases then such a consultation should be considered. This way you can have your questions and concerns addressed at the outset without having to put forth a significant monetary expenditure.

Negligence and Erb's Palsy

2008-04-01T03:40:00.001-07:00

In our original definition of Erb's Palsy we defined it as a condition of arm numbness and function are the result of a difficult birth or labor period. Sometimes, a difficult birth is unavoidable but there will also be those instances where the hospital and the delivering physician is grossly negligent. In such a case, it is critically important to seek the advice of a medical malpractice attorney in order to properly address recouping damages for such gross neglect. This is a serious matter that should never be overlooked. As such, seeking the advice of a reliable attorney in such a situation is critical.

Risk Factors: Plexus Birth Injury

2008-03-31T11:50:00.000-07:00

Brachial Plexus Injury From Shoulder Dystocia

This article describes what risk factors contribute to traumatic birth injuries to the brachial plexus nerves from shoulder dystocia during birth and other causes.

In recent times, there have been increasing instances of babies suffering from brachial plexus injury during birth. Although most such birth injuries get corrected with time, some may be permanent and can leave your child with a disability for life.

A brachial plexus injury is usually a consequence of a birthing emergency known as shoulder dystocia, where the baby’s shoulders get stuck behind the mother’s pelvis and cannot be delivered without intervention. In trying various maneuvers to resolve the shoulder dystocia so as to deliver the baby, the brachial plexus nerves of the fetus can get stretched and damaged.

Depending on the severity of such damage, different types of brachial plexus injuries such as Erb’s palsy, Klumpke’s palsy, and bracial palsy can occur. All the sensations in the baby’s arm; starting from the shoulder, to the arm, to the wrist and the hand, are controlled by the brachial plexus nerves. Thus, a brachial plexus injury can affect the movement of the arm and may even result in permanent paralysis of the entire arm.

All brachial plexus injuries are not necessarily seen after a shoulder dystocia. Many such injuries can occur even if no shoulder dystocia occurred while delivery. However, since a majority of these injuries do arise from shoulder dystocia; here’s a look at some risk factors that will help you to determine whether or not brachial plexus injury will occur from shoulder dystocia.

Prior births with shoulder dystocia: If there is a history of shoulder dystocia during one or more previous deliveries, then there are higher chances of shoulder dystocia during subsequent deliveries. This does increase the risk of brachial plexus injury to the fetus, even if previous dystocias were resolved successfully without injury.

Prior difficult deliveries: If a woman has had difficult vaginal deliveries in the past, which have ended up with a cesarean delivery, then there are chances that a shoulder dystocia did occur but was not diagnosed properly. In such cases too there is an increased risk of shoulder dystocia and birth injuries. However, since most deliveries after one c-section are also cesareans, the risk of brachial plexus injury is reduced greatly.

Prior births with macrosomic fetus: If there is a history of delivering macrosomic babies (large babies with fetal weight greater than 4500 grams), then the risk of shoulder dystocia and brachial plexus injury is increased significantly. And since majority of brachial plexus injuries are seen with macrosomic fetuses, it is advisable to consult your gynecologist about this increased risk if you are carrying another large baby.

Induction of labor: If labor needs to be induced, different types of labor inducing drugs are used to hasten the labor. Medical studies have shown that such drugs are associated with a higher risk of shoulder dystocia during birth. One theory is that when labor is induced, the fetus does not descend naturally into the birthing canal but does so in an awkward position, which results in shoulder dystocia. And since induction of labor increases the risk of shoulder dystocia, the baby’s risk for brachial plexus injury is also increased.

Prolonged second stage of labor: When the second stage of labor does not progress in a timely fashion but is prolonged, the chances of brachial plexus injury may increase. This is because forceps and vacuum extractors may be used to hasten the second stage of labor. The use of such tools, especially for more than 20 minutes, has shown to increase risk of shoulder dystocia, which in turn increases risk of brachial plexus injury to the fetus.

Increased glucose in urine: If there is an increased content of glucose in the urine of a pregnant woman, this could be sign that the woman has developed gestational diabetes. If such is indeed the case, then the risk for brachial plexus injury is heightened because shoulder dystocia risk is increased.All the above are simply risk factors that may increase chances of brachial plexus injury from shoulder dystocia. But, many cases of erb’s palsy and brachial palsy are seen in babies that did not exhibit any of these risk factors. Thus, all in all, it is very difficult to predict whether a shoulder dystocia will definitely result in a brachial plexus injury or not.

However, since majority of such injuries occur predominantly after a shoulder dystocia, it is best to concentrate on recognizing and minimizing the risk factors for shoulder dystocia. Some of these risk factors are:

Maternal age
Maternal obesity
Diabetes
Macrosomic fetus
Post term pregnancy

Thus, if your doctor has studied your complete medical and birthing history, predicting a shoulder dystocia is indeed possible. Once predicted, it is possible to prevent a shoulder dystocia by opting for a cesarean, which also lowers the risk of brachial plexus injury considerably.If you have any concerns regarding shoulder dystocia and brachial plexus injury, make sure you discuss your concerns with your doctor.

If you have reason to believe that your doctor did not take your concerns seriously and if any type of brachial plexus injury was a direct result of a medical mistake, you should get in touch with an Erb’s palsy lawyer to know if you have valid grounds for an Erb’s palsy lawsuit and about compensation due to you.

Obstetric Brachial Plexus Injury

2008-03-31T11:37:00.001-07:00

Factors Increasing Risk of Shoulder Dystocia

What factors must doctors and expecting parents consider when assessing the risk of an obstetric brachial plexus injury?

Brachial Plexus Birth Injuries (OBPI)
Brachial plexus birth injuries are a regular part of pediatric practice both in the delivery room and newborn surgery. Unlike other birth injuries of the nervous system, their prognosis is better.

The incidence of birth injury of the plexus has been reported as between 0.13 and 3.6 cases per 1,000 live births. Recent, prospective studies report incidences clustering around 1 per 1,000 live births or somewhat lower if only severe injuries are counted. Many have expressed the hope that improved obstetric techniques, including the more frequent use of caesarian section, might lower this figure but recent data have not substantiated this. Elective cesarean section provides some protection but does not completely eliminate the risk of brachial plexus injury.

Brachial Plexus Problems: Old and New
In practical terms shoulder dystocia is not a difficult diagnosis to make. After the baby’s head is delivered over the mother’s perineum, it appears to snap back against her vulva. The head becomes congested and cyanotic. It becomes clear that the shoulders are stuck in the pelvic area.

The first thing an obstetrician does is apply downward pressure to the head – sometimes forcefully. The gentle downward tug is a standard maneuver, however, just because it is done frequently doesn’t mean that it’s the correct thing to do.

Experts recommend that when shoulder dystocia is evident, one must not touch the head even gently until after the shoulder impaction is corrected. Pulling on the head – even gently – increases the risk of brachial plexus injury.

Fifty percent of the babies who have shoulder dystocia problems weigh less than 8 pounds 14 oz. The vast majority of these babies recover with no permanent brachial injuries. Five to 25 percent of shoulder dystocia may result in brachial plexus injuries. The key to avoiding brachial injury is gentle traction not excessive or medium force.

Healthcare providers whether they are midwives or specialists must have expertise to manage shoulder dystocia because the condition is not known until it appears. Inappropriate excessive tractions can deliver 50 to 75 pounds of pressure to the fetal head as compared to 2 to 3 pounds of pressure from gentle traction.

Erb’s Palsy is not an impact injury in labor; it is a stretch injury. The shoulder doesn’t reach the pubic bone until the head is out. Damage to the brachial plexus will only occur after the nerves have been stretched 25 percent. Such stretching doesn’t occur in labor.

Risk Factors and Causes
Maternal diabetes, large birth weight for other reasons, prolongation of the second stage of labor, the use of forceps, shoulder dystocia, and older maternal age are all risk factors.

Early doctrines held that plexus injury was caused by clavicular compression, by fracture of the proximal humerus, or by the neurotoxic effects of effusions escaping from the torn capsule of an injured glenohumeral joint.

The anterior shoulder becomes impacted against the pubic bone and a downward force applied to the head to dislodge the shoulder puts the brachial plexus on the stretch. Shoulder dystocia is noted in the obstetric record in about 50 percent of brachial plexus injuries incurred in the course of vertex vaginal deliveries. One possibility is that shoulder dystocia actually occurs in these cases but that the attendants fail to record it.

Without known reason, the authors concluded that shoulder dystocia had been under- recorded, but logic and subsequent commentators agree that the correct conclusion is that the injury-without-dystocia births were different phenomena from the dystocia-with-injury births; likewise, obstetric factors such as birth weight, maternal age, and parity distinguished injuries associated with shoulder dystocia from injuries not associated with shoulder dystocia. Injuries without dystocia were more severe, took longer to resolve, were more frequently associated with a clavicular fracture, and more frequently affected the posterior arm. They concluded that injuries with and without associated dystocia were qualitatively different. Thus the obstetrician’s efforts to relieve shoulder dystocia are not the whole explanation for brachial plexus birth injuries. The last word on the brachial plexus injury matter has not been spoken.

Sources:
Joseph H. Piatt, St. Christopher’s Hospital for Children, Philadelphia, PA & Textbook of Pediatrics, Chapter 7, the Newborn Infant

Fixing the Social Security Disability System for Children with Disabilities and Others

2008-03-26T14:17:00.000-07:00

The Tuscaloosa News in Alabama has weighed in on the Social Security Disability backlog.

In an editorial, the newspaper decried the backlog and urged the federal government to appropriate money to address the problem.

“Over the past decade, the backlog of Social Security Administration cases awaiting hearings has more than doubled - even as the agency has lost 10 percent of its administrative law judges.Congress and President Bush have provided money to help cut the backlog. But the aid, though welcome, is inadequate; and hundreds of thousands of Americans are having to wait unconscionably long times for their disability hearings. An article in Tuesday's edition of The Tuscaloosa News told the story of one of these people who spent 18 months navigating the SSA maze before she finally received the benefits due her. And she was one of the more fortunate local claimants. Recent statistics from the Birmingham SSA appeals office show a backlog of 14,266 cases with an average waiting time of almost 20 months.There also was a substantial backlog at the state's three other Office of Disability Adjudication and Review offices in Florence, Mobile and Montgomery.”

Coming Soon!

2008-03-06T10:22:00.001-08:00