Babies with brachial plexus palsy may be at a higher risk of developing plagiocephaly, or flat head syndrome, a condition that causes an infant’s head to be misshapen. Brachial plexus palsy is a birth injury that results in weakness or the loss of movement in a baby’s arm due to the collection of nerves around...
A jury rendered an award of $53 million to a 12-year-old boy who was born with a serious brain injury following 12 hours of fetal distress in the course of the delivery. The trial in the medical malpractice cased lasted one month, and was initiated in December 2013 by the boy’s guardian, who filed a...
A Florida woman has filed a lawsuit against a certified nurse midwife (CNM), alleging that the midwife’s negligence caused her baby to experience a brachial plexus injury during childbirth. According to the complaint, Barbara Carroll, CNM, did not provide appropriate care to the woman, who had been diagnosed with gestational diabetes and had already been...
Medical staff are responsible for carefully monitoring the unborn baby throughout labor and delivery. They must ensure the infant is getting enough oxygen and is not displaying signs of fetal distress. Common warning signs of fetal distress include changes in the baby’s heart rate or movement. Doctors often use electronic fetal monitoring (EFM) to ensure...
Doctors and hospitals are using past medical malpractice cases to avoid repeating mistakes that could put patients at risk and give rise to future claims. Shoulder dystocia was found to occur the most frequently among the birth injury lawsuits examined. According to The Wall Street Journal, malpractice insurers and medical specialty groups are analyzing thousands...
A family was awarded more than $4.8 million in a medical malpractice case arising from a birth injury that occurred over a decade ago. Guerline Cherenfant Jean, Loheirson Jean and their 14-year-old daughter filed the lawsuit in 2004 against a Fort Lauderdale midwife and doctor. Circuit Judge Michele Towbin Singer presided over the five-day trial...
Treatment options for brachial plexus birth injuries
Brachial plexus injuries are among the most common types of birth injuries today. They affect the network of nerves that extends from the neck to the shoulder, arm and hand. Brachial plexus injuries can be caused by a number of factors during the delivery process, including birth trauma or shoulder dystocia, where the baby’s shoulder...
Did Your Florida Doctor Deliver Your Infant Using Vacuum Extraction?
As an expectant mother, you most likely learned how to breathe properly during childbirth by attending a Lamaze class. Or you may have learned hypnosis childbirth to enter into a hypnotic state in order to deal with the pain of a natural childbirth. Whatever you learned and prepared for may be different than what actually...
Legal Options for Birth Injuries
Legal Options if Your Child Suffered Birth Injuries in Homestead Related to Negligence The U.S. Census Department estimates that there are 1,344 women in Homestead, Fla., between the ages of 15 and 50 who gave birth in 2012. These are, of course, happy times for the families, though if a child suffered birth injuries the...
Debi Chalik Explains Brachial Plexus Palsy Birth Injury
A Brachial plexus injury, also known as Brachial plexus palsy, is an injury that occurs during the delivery of a newborn when the head and shoulder are abnormally stretched, damaging the nerves of the shoulder. This birth injury may cause your newborn’s arm to lay limp or have limited mobility in the shoulder and/or hand....
St. Mary’s Medical Center Under Investigation For High Infant Mortality Rate
In June 2015, The Federal Centers for Medicare & Medicaid Services launched an investigation into the unusually high mortality rate among infants who underwent open heart surgery between 2011 and 2013 at St. Mary’s Medical Center in West Palm Beach, Florida. The investigation was triggered by a CNN report which stated that 12.5% of infant...
Study warns not to underestimate birth injury risk for second-time mothers
Researchers have claimed doctors should not assume that a mother who has previously undergone a vaginal delivery is exempt from the risk of her subsequent babies sustaining brachial plexus birth injuries. A recent study analyzed all brachial plexus birth injuries that occurred between October 2003 and March 2013 at an academic medical institution. There were...
The Connection Between Erb’s Palsy and Shoulder Dystocia
When a mother hears that her newborn baby suffered a birth injury, she is often not prepared for this news and doesn’t know much about birth injuries. So, when a mother hears the terms Erb’s palsy and shoulder dystocia used after her baby is born, she needs to understand the connections between the two birth...
What is Erb’s Palsy?
Erb’s palsy is a condition that is caused by an injury to the brachial plexus, which consists of the nerves around the shoulder. Erb’s palsy is also referred to as brachial palsy, Erb-Duchenned paralysis or Klumpke paralysis. The condition differs from other kinds of palsy, and is marked by frailty or lack of movement in...
Is My Doctor Responsible for Erb’s Palsy?
A doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence. Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address...
What Are Some Examples Of Birth Trauma Injuries?
Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....
What Are Some Types of Palsy Resulting from Birth Injuries in Infants?
What Are Some Types of Palsy Resulting from Birth Injuries in Infants? Injury during the birthing process can lead to certain types of palsy including: Erb’s: A type of paralysis from injury to the arm’s upper nerves. Klumpke’s: A type of paralysis from damage to the forearm or hand. Brachial Plexus: Injury of the spinal...
What is the burden of proof in an Erb’s palsy case in Florida?
The burden of proof in an Erb’s palsy case dictates that a plaintiff – in this case, the injured child’s parents – must prove his or her case based on evidence presented. Essentially, this means the victim must prove the doctor or hospital was at fault versus the doctor or hospital proving they were not...