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Lawsuit alleges negligence in causing Erb’s palsy

The parents of a baby born in 2013 filed an Erb’s palsy lawsuit alleging that their infant son will suffer neurological damage and be disabled for the rest of his life due to the negligence of physicians and the attending midwife at his birth, at Family Health Centers of Southwest Florida.

The birth injury lawsuit states that the child will need surgery to treat severely torn brachial plexus nerves, which caused Erb’s palsy, a kind of injury marked by paralysis of the shoulders, arms, hands and fingers. As a result of oxygen deprivation during delivery, the child will most likely suffer developmental delays.

It was anticipated that the delivery would be “high-risk” because the mother’s diabetes and weight gain during the pregnancy. This increased the chances of a delivery with complications. The parents allege that the physicians and midwife deviated from the reasonable standard of care. Furthermore, the lawsuit mentions that midwife Gallagher used too much force on the baby’s head during the delivery, and, as a result, the baby suffered a brachial plexus injury.

The lawsuit is requesting damages in the amount of $10 million for the child, and $2 million for each parent. The amount of damages is based on the medical bills, therapeutic treatments, loss and suffering that the child and both parents may experience for the rest of the child’s life. The complaint states that a child with such a degree of brain damage is likely to experience disability; physical, mental and emotional pain and suffering; and will have a decreased ability to enjoy life.

If your baby suffered a birth injury, such as Erb’s palsy, you may be able to file a medical malpractice lawsuit against the doctor or other health professionals who treated your child. Call the birth injury lawyers at Chalik & Chalik Injury Lawyers for a free consultation.

Birth Injury, Medical Malpractice