Illinois Medical Malpractice Lawsuit Claims that Erb’s Palsy Caused By Failure to Perform C-Section

Erb’s Palsy injuries are a form of brachial plexus injury that affects the upper and lower arm. According to Pub Med Health, the term “brachial plexus injury” is usually used only when the injury affects the upper arm, while “Klumpke paralysis” refers to hand and eyelid problems. Specifically, Erb’ spalsy refers to loss of movement or weakness in the arm caused by nerves damaged during birth. The Illinois medical malpractice lawyers at our firm work with many local families whose children have developed Erb’s palsy as a result of medical errors.

Another Illinois Medical Malpractice Lawsuit
Injury Lawyer News reported last week on a new lawsuit filed by a family against a hospital and doctors. The suit alleges that negligence during the birth of the child led to the injuries. According to the story, the mother went to a Cook County hospital in late December of 2010 to give birth to her child. However, the birth would not go as planned.

The documents initiating the suit claims that the two doctors assisting in the delivery failed to recognize the development of shoulder dystocia. Shoulder dystocia occurs when the child’s shoulder becomes lodged behind the mother’s public bone. This is a delicate situation that requires careful actions on the part of medical providers to ensure the child does not develop serious, sometimes permanent injuries, as a result of the dystocia.

There are standard protocols that are used to help deliver a child after they become stuck in this way. Each Chicago medical malpractice lawyer at our firm appreciates that it is absolutely essential that medical teams timely recognize this problem when it occurs and follow those proper steps. Failure to do so, when it results in an injury, is often grounds to file a medical malpractice suit.

C-Section Sometimes Necessary
There are times when those standard procedures will not be successful in relieving the problem. In those situations it is often necessary to perform an emergency C-section delivery. Failure to do so, and continuing with the vaginal birth, often causes the child to develop injuries. In this case, the family claims that the doctors did not recognize the problem and order the C-section was needed. In addition, the suit claims that one of the doctors applied too much force during the vaginal birth, applying pressure to the infant’s head and neck.

As a result of those errors, claim the suit, the child was permanently injured. The newborn’s brachial plexus nerves were damaged. The baby lost movement in his arm and has weakness throughout his arm. The injuries are permanent, and the child will never fully regain use of his limb.

Unfortunately, this exact scenario occurs far more than it should in our community. Doctors are not always able to deliver a child without injury. The law does not demand that they guarantee a perfect result every birth. However, the law does demand that they follow reasonable protocols when providing care. If they deviate from that reasonable standard and injury results-as alleged in this case-then the law allows those affected to be compensated for their losses.

See Our Related Blog Posts:

Failure to Diagnose Broken Neck Leads to Paralysis

Wrongful Death Lawsuit Filed After Illinois Medical Malpractice

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers