Erbs Palsey Lawsuit

Birth Injuries May Be Caused by Improper Use of Forceps

Cerebral palsy can develop by the improper use of forceps during a difficult delivery. This birth injury is a concern for many hospitals, especially when their medical staff could become involved in a birth injury lawsuit due to medical negligence. While deliveries requiring the use of forceps contain certain risk factors, the doctors as well as the medical team are expected to take the necessary precautions to decrease the dangers of a possible birth injury . The intended use of forceps is to aid in the delivery of infants who are improperly positioned in the mother’s womb or if the mother is having difficulty pushing. Benefits of forceps use include lowering the risk of oxygen deprivation and fetal distress which can lead to such injuries as Cerebral palsy and Erb’s palsy . Cerebral palsy is a disability resulting from nerve injury or trauma to the brain. In some cases, this injury is caused by low levels of oxygen suffered before or during birth. Erb’s palsy occurs due to inappropriate delivery techniques when the infant’s shoulders become stuck behind the mother’s pelvic bone. These improper delivery techniques cause the stretching or tearing of the nerves in the infant’s neck and upper chest which can result in permanent damage, such as paralysis of the arm and shoulder. Other less severe birth injuries occur with the use of forceps and often heal within a few months. They include bruising, swelling, forceps scars, fractures of the skull and temporary loss of nerve or muscular functions.

Charleston Erb's Palsy | South Carolina Birth Injury Lawyer

Julie Morris claims the defendants were careless, reckless and negligent in their care and treatment of Rowan Morris by negligently failing to warn Julie Morris that the prior shoulder dystocia in the delivery of the child increased the likelihood of subsequent shoulder dystocia in the delivery of Rowan Morris. The defendants also failed to properly and timely refer Julie Morris to a facility capable of caring for a high risk pregnancy, according to the suit. Community Health Association d/b/a Jackson General Hospital; Partners in Health Network, Inc.; and Karen Fahey, CFNP, were also named as defendants in the suit claiming a violation of the applicable standard of care.

Erb’s palsy is a paralysis of the arm caused by injury to the upper group of the arm’s main nerves, specifically the upper trunk C5-C6 is severed. These form part of the  brachial plexus , comprising the ventral rami of spinal nerves C5-C8, and T1. These injuries arise most commonly, but not exclusively, from  shoulder dystocia during a difficult birth. Depending on the nature of the damage, the paralysis can either resolve on its own over a period of months, necessitate rehabilitative therapy, or require surgery.

The most common cause of Erb’s palsy is dystocia, an abnormal or difficult childbirth or labour. For example, it can occur if the infant’s head and neck are pulled toward the side at the same time as the shoulders pass through the birth canal. The condition can also be caused by excessive pulling on the shoulders during a vertex presentation (head first delivery), or by pressure on the raised arms during a breech delivery. Erb’s palsy can also affect neonates affected by a clavicle fracture unrelated to dystocia.

If your child has suffer Erb’s Palsy, or any other birth injury, call 843-722-8070 to speak to an attorney.

Shnider and Levinson's anesthesia for obstetrics

Connecting the Dots, From Erb's Palsy to Anorexia Nervosa to Borderline Personality Disorder

Pushed, the painful truth about childbirth and modern maternity care

Operative obstetrics

Risk management in health care institutions, a strategic approach