At the time of childbirth, an infant’s
shoulder might get stuck to the pelvic bone of the mother. This can prevent the
infant from making an egress from the birth canal. The condition is termed “shoulder
dystocia” which at any time can be an emergency situation, necessitating
skilled and immediate medical attention. If there are mistakes here that should
not have occurred or terrible
judgment displayed, Iowa medical malpractice lawyers could become involved.
When affected by shoulder dystocia, the
attending doctor or nurse will make attempts to free the infant’s shoulder, by
means of certain maneuvers in order to adjust the baby’s or mother’s position.
At times, the doctor can even break the mother’s pelvic bone or the infant’s
collarbone, or do an emergency cesarean section. If there is clear mistakes, hospital neglect can be claimed.
If the doctor happens to be overly
forceful in attempting to deliver the infant, particularly when using vacuum
delivery or forceps, the brachial plexus, the fragile nerves of the infant’s
shoulder can be stretched, torn, or compressed. Consequently, there may be
permanent or temporary weakness, or the infant’s arm may become paralyzed.
Erb’s Palsy is when the rotation of the
baby’s lower arm or movement of upper arm is adversely affected. Most infants
suffering from this condition recover in the matter of a few months with
therapy as well as regular follow-up visits. Some need expensive surgery, which
is performed usually between three to six months, and further therapy,
follow-up as well as related costs.
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Little League
Sometimes, babies are affected with
permanent paralysis or weakness in its affected arms, resulting in an inability
to work and taking part in sporting or leisure time activities. Often times, the
movement or capability of the arm is limited for the remaining part of the
individual’s life.
Standard
Duty of Care
Obstetricians, as well as midwives, are
fully trained to be conscientious well ahead of the delivery, to manage risks
that can cause shoulder dystocia at childbirth. These risks include overly
large babies, obese mothers, atypical material pelvic structure, diabetes at
the time of pregnancy, any deliveries beyond the estimated due delivery date,
as well as an extended second stage of labor.
In such circumstances, the typical
medical care provider is expected to foresee probable difficulties, and inform
the mother of the fact, and suggest alternatives to a cesarean section. Even
without any of these risk factors, physicians, nurses, and
midwives might be negligent and they may not be able to respond
appropriately at the time of delivery.
Is
this Malpractice?
According to Iowa medical malpractice
lawyers, when an Erb’s Palsy injury results due to medical negligence or hospital neglect, the patient is liable for
compensation for medical costs, partial or permanent disability, pain and pain
and suffering, and loss of income. A lawyer specializing in cases of birth
injury will understand the complicated medical issues and will work towards
gathering evidence to prove that the injury was due to negligence.
Erb’s Palsy lawsuits are similar to any
other types of medical malpractice or hospital
neglect lawsuits and Iowa medical malpractice attorneys will be
involved of course. There should be doctor patient relationship and the doctor
should have failed to implement the proper standard of care. In short, the
negligence on the doctor’s part must have either contributed to, or caused the
injury as well as damage.
Call
a Medical Malpractice Legal Representative
The issues concerned with medical
malpractice cases for Erb’s Palsy can be extremely complicated. Under the
circumstances, your best recourse is to speak with an Iowa medical malpractice
lawyer as soon as possible.
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