California Medical Malpractice Law Blog

A recent birth injury research paper concluded that when a woman is carrying a large baby, inducing labor should be strongly considered to avoid birth trauma. According to the study, large-for-date babies are more likely to experience a birth injury if nature is allowed to takes its course instead of inducing labor.

In fact, having a large baby is one of the risk factors for a baby being born shoulder dystocia. Shoulder dystocia occurs when a baby's shoulder becomes stuck behind the mother's pelvic bone and if not taken care of correctly, can lead to a brachial plexus injury such as Erb's Palsy or a brain injury ( asphyxia or hypoxia) due to lack of oxygen or blood flow. In some severe cases a wrongful death may occur. If you believe your child has suffered a birth injury as the result of medical negligence, it is important to speak to an experienced California birth injury attorney immediately to answer your birth injury questions and determine your next steps.

Here, the research found that for fetus’ estimated sonigraphically to be above the 95th percentile for weight, adverse events such as shoulder dystocia were three times more like to occur than if labor was induced. This study confirmed earlier studies suggesting that inducing labor may lower birth was and decrease the chance for should dystocia, brachial plexus injury and death.

This study will bolster what is already well established in the medical community, i.e. that delivering a very large baby or a mother with a small pelvic opening may lead to this birth injury. Where a doctor fails to take action to prevent this birth injury from occurring, he or she may be liable for medical malpractice and be responsible for paying damages to cover a lifetime of care.

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Recently, an Oklahoma jury awarded a child who suffered a birth injury and her family a $1.8 million medical malpractice verdict. The injury was the result of a shoulder injury received at birth called “shoulder dystocia.” Shoulder dystocia is a type of birth injury that occurs when a babies shoulder gets stuck behind a mother’s pelvic bone and if not taken care of correctly, can lead to a brachial plexus injury or other developmental delays.

If you believe you child has suffered shoulder dystocia or any type of birth injury, it is important to consult with an experienced California birth injury law firm. An experienced birth injury lawyer can provide crucial guidance concerning your next steps and answer your birth injury questions.

Reportedly in this matter, a doctor inadvertently ruptured the nerves in the child’s shoulder, rendering her left arm useless after the difficult delivery. According to reports, the doctor made several critical medical mistakes that led to the result. Evidence showed that the doctor used vacuum extraction after the baby became stuck and that the doctor pulled on the baby’s head – using excessive force to remove the baby. Other medical practices exist that would decrease the likelihood of this injury from occurring.

Unfortunately, shoulder dystocia is permanent and may lead to serious life long difficulties including having an arm with little functional use, living with the deformity of one arm being longer that the other and delayed development of fine motor skills.

When medical malpractice causes a birth injury, it may be possible to obtain compensation. Here, the jury determined that the doctor’s actions lead to the child’s harm and awarded $1.2 million. The jury verdict includes damages for past and future medical bills, potential lost wages and pain and suffering.

Continue reading "$1.8 Million Birth Injury Jury Verdict In Shoulder Dystocia Case" »

This past week a $1.8 million medical malpractice award was made to the family of a girl who suffered a birth injury. According to Omaha News, the girl’s left arm is “effectively paralyzed” after suffering ripped and ruptured nerves during her June 2008 delivery. Her birth injury – called shoulder dystocia – occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone. When not correctly resolved, the situation can lead to a brachial plexus injury or a brain injury due to a lack of oxygen or blood flow. The birth injury may lead to developmental delay, including mental retardation and cerebral palsy. In certain situations, the failure to treat shoulder dystocia correctly or to prevent the condition from occurring where warning signs are presents may constitute medical malpractice.

If you believe your child has suffered a birth injury such as shoulder dystocia as the result of medical malpractice, it is important to speak to a knowledgeable California birth injury lawyer who can answer your birth injury questions and provide critical guidance concerning your next steps.

According to evidence presented in the case, the infant involved in the case, Chaylee, was large. During the delivery, the doctor unnecessarily used a vacuum to help Chaylee through the birth canal. When Chaylee became stuck, the doctor then pulled on the baby’s head, causing serve nerve damage and rendering Chaylee’s left arm nearly useless.

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