Child Endures Arm Injury Notwithstanding Physicians Knowing She Was Big Prior to Birth

Among the more frequent types of birth injuries is an Erb’s palsy injury which affects the infant's shoulder and arm. This might be a serious injury that in the most extreme instances leave the infant with poor use of the arm even following surgery. In a number of cases the injury is preventable. If this happens because of an error by a doctor during the delivery process the parents might go after the physician with a malpractice case on behalf of themselves and their infant.



To illustrate, consider a reported lawsuit involving a woman pregnant with her third child. The woman was either borderline for or actually had gestational diabetes, excessive weight gain in the course of the pregnancy and had earlier given birth 2 large babies. Around four months into the pregnancy her doctor documented that the unborn child was bigger than estimated by the gestational age. Three months later she was borderline on her blood sugar test for gestational diabetes. An ultrasound done a brief time after that visit put the baby’s weight at the 90th percentile. At her final prenatal consultation the day before the doctors planned to induce her labor the doctor documented the fundal height (a measurement of the uterus used to determine fetal growth and development) at forty three centimeters. She was 40 weeks pregnant at the time.



The following day the expectant mother went to the hospital as planned. Once she was admitted, a different physician took over her care. The hospital record recorded her prior borderline sugar test and also that she was at high risk because of previous "large gestational age" babies. This doctor failed to, , test her glucose amount or make any effort to determine the unborn child's weight before inducing her.



Nearly several hours following her admission for the hospital her membranes spontaneously ruptured. Once this happened a significant quantity of meconium was seen. This is often a sign that the unborn child is in danger and generally necessitates an emergency C-section. Roughly 40 minutes later the physician performed a vaginal examination. The doctor documented that the expectant mother was four centimeters dilated. The physician positioned a fetal scalp electrode which highlighted early decelerations. Even though it was not included in the case report, certain types of decelerations might be an indication of fetal distress. Just more than one hour afterwards the woman was fully dilated. The nurse’s records included the presence of shoulder dystocia, the delivery of the baby’s head, as well as the application of suprapubic pressure to help delivery.



The baby weighed ten pounds 10 ounces ounces at birth. The newborn had a head circumference in the ninetieth percentile and she was diagnosed with Erb’s palsy. When she grew her arm atrophied due to her incapacity to use it. She has developmental delays and she has cerebral palsy.



The doctors did not monitor the mother for gestational diabetes yet had ample information that the baby was large prior to birth. Yet, they failed to plan on a Caesarean and failed to attempt a common procedure before using traction to the child's head. These steps may have avoided the baby’s injury. The parents filed a medical malpractice claim against the doctors. The law firm that represented the family revealed that the lawsuit settled for $900,000.



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