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1. Doctors deliver nearly
5,000 children a year who suffer from conditions such as Erbs
Palsy. Erbs palsy injuries could have been prevented 90% of
the time.
It’s an unfortunate fact that every day babies are born with
complications. However, it's possible that some of these
complications, like Erb's Palsy, could have been prevented.
Although Erb's Palsy can occur at any time, most injuries
occur during birth. During the strain of childbirth, the
shoulder of the baby can get caught and stretched behind the
pubic bone. As a result of this injury, paralysis may occur.
Some instances of Erbs Palsy may have been prevented had the
warning signs been properly evaluated by your medical
providers.
2. A failure to pick up on such warning signs may be
considered negligence if actions by the medical staff could
have helped prevent the injury from happening.
This is not to say that all Erb's Palsy cases are the result
of negligence. Often there is little or nothing a doctor could
have done. Parents should, however, consider the possibility
that a doctor may not have done all that was possible to
prevent Erb's Palsy. If your physician did any of the
following, please contact our offices today:
- Failed to estimate the
baby’s weight before delivery
- Failed to perform a C-
section when it was clearly necessary
- Failed to diagnose and treat
gestational diabetes
- Failed to inform you of the
risks associated with delivering a large baby
- Used excessive force during
the delivery
3. Though doctors cannot predict Erbs Palsy, certain
factors may suggest that certain births face a higher risk of
Erbs. Risk factors may include:
- Fetal macrosomia (A baby who
is expected to weigh more than 8 lbs. 14 oz)
- Maternal diabetes
- Maternal obesity
- A pregnancy lasting beyond
40 weeks
- Short maternal stature
- Platypelliod, or contracted
or flat pelvis
- Maternal weight gain of 35
lbs or more
- Protracted first stage of
labor
- Breech or other abnormal
presentation of a fetus, while not a risk factor, but it can
result in such an “injury”
4. There are treatments that can greatly assist your
children in improving from such a condition.
Early treatment for these injuries is crucial in the recovery
process. Physical therapists work with children to help
increase their range of movement. Performing daily exercises
to keep the muscle and joints limber and moving may also help.
Electrical stimulation of muscles is often performed regularly
to prevent atrophy. Surgery is also an option for those
children who do not improve from the above treatments.
5. The goals for a child with Erbs Palsy are for them to
have at least partial use of the affected arm or hand.
Feeding one's self or using the affected arm or hand to help
the other arm lift and carry things is often a realistic goal.
Mild cases usually take 3-4 months to recover; more severe
cases will improve slowly over an 18 to 24 month period. In
general, by the age of two a child will make no further
improvement.
6. There is a time limit in which you have to file a claim
if you feel that negligence may have caused your child’s Erbs
Palsy.
There is a time limit for you to file a claim against your
medical providers. This time limit is called the statute of
limitations. If you don’t file a claim within the statute of
limitations, you will be forever barred from filing. Don’t let
this happen to you, if you have a medical malpractice case,
involving Erbs Palsy, please contact Brown and Crouppen today.
7. Many believe that it is impossible to find a doctor who
would be willing to come forward and help you sue another
doctor.
Today, the medical profession has changed; good doctors want
to help rid their profession of bad doctors. At Brown and
Crouppen we can find a qualified expert who will come forward
in your case if there is evidence of medical malpractice. Do
not avoid calling us because you mistakenly believe that
doctors will not testify against one another.
8. No fees are required up front when hiring an attorney
for your case.
At Brown and Crouppen, we never charge a fee in advanced, for
your medical malpractice case. Legal fees and expenses are
paid once your case settles and only if we are successful. If
we are unsuccessful, you owe us nothing. We believe we should
make money only after you make money.
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