Medical negligence before, during, or after delivery of an infant is one of the most devastating experiences a family can face. Because of the delicate nature of infants, injuries sustained during the process of delivery can result in traumatic injuries and lifelong complications. One of the most common injuries occurring during birth is shoulder dystocia, an injury to the brachial plexus, often associated with excessive force or a misdirection of force during delivery. Injuries to the brachial plexus can result in atrophy of the muscles, paralysis, and Erb’s palsy.
Arkansas Family Claims Medical Negligence after Risk Factors Ignored
Recently, an Arkansas family chose to pursue legal action against the hospital and physicians where the mother gave birth after their son was diagnosed with Erb’s palsy following a difficult delivery. According to the claim, the physicians failed to deliver the baby in a timely manner, and failed to recognize the emergent situation as it evolved. The plaintiffs claim that warning signs and risk factors were ignored, and now their son lives with lifelong disabilities.
Florida Family Seeks $12 Million in Erb’s Palsy Case
In a similar case, a Florida family has filed a lawsuit against the United States of America after an allegedly negligent birth at a federally managed medical facility resulted in Erb’s palsy. According to the lawsuit, the already high-risk expectant mother had obtained a sonogram indicating the infant’s size prior to labor and delivery plans being made. Once labor had begun, it was then discovered that the infant was significantly larger than anticipated, which caused the delivery process to be lengthy and difficult.
After birth, testing indicated the possibility that the infant had suffered from oxygen deprivation, as well as having sustained severe injuries to the brachial plexus. The lawsuit claims that the hospital staff and midwife failed to prepare for the birth of the child, including opting for a cesarean section in order to avoid injury. The child suffered through several days of seizures, and has since been diagnosed with Erb’s palsy. The severe nerve damage will likely require extensive surgery and nerve grafting to restore mobility.
Birth Injuries are Devastating and Deserve Action
No matter where the incident occurs, birth injuries are devastating and should not be ignored. Anyone experiencing a situation similar to these two families should explore their legal rights and options for pursuing damages. In Texas, families can reach out to an experienced team of birth injury and medical negligence attorneys to find the guidance needed to move forward. Erb’s palsy is a long-term condition, and Texas families can greatly benefit from a strong system of support.