Obstetrician Blamed For Child's Shoulder Injury At Birth

babies footA jury in Nebraska recently found an obstetrician guilty of negligence in the way she handled the delivery of a baby in 2008.  

At issue in the medical malpractice trial was how the obstetrician handled a fairly common problem encountered by physicians when delivering larger babies--- shoulder dystocia, when the baby's shoulder gets stuck on the mother's pelvic bones.

Rather than adjusting the mother's positioning on the delivery table and applying pressure to the mother pelvic area, the obstetrician attemped to deliver the child by pulling on the child's head.  

The force put upon the child's head is believed to have ruptured and severed the delicate nerves in the area of the known as the brachial plexus-- an area of nerves in the neck and shoulder area that control movement in the arm and hand.

Now a toddler, the child has very limited use of her arm due to the injuries to her nerves in the bracial plexius.  

After hearing the evidence regarding the delivery practices and the child's past and future disability, the jury awarded $1.8 million to compensate the child for past and future, pain and suffering, medical care and lost wages.

Read more about this brachial plexus (Erb's Palsy) injury lawsuit here.

As a lawyer who works on cases involving children's birth injuries, I am glad that this jury was able to appreciate the fact that this obstetrician had other options to safely deliver this child as opposed to the manner in which she did.  

Physicians and midwives who encounter situations involving the delivery of larger babies need to anticipate potential problems-- like shoulder dystocia--- and both consider if a vaginal delivery is appropriate in the first place and then be prepared to deftly maneuver abies though the birth canal.

Related:

NINDS Brachial Plexus Injuries Information Page

Restoration of sensory function and lack of long-term chronic pain syndromes after brachial plexus injury in human neonates (pdf) Brain 2002

Doctor's Error May Be Responsible To For Development Of Erb's Palsy Or Brachial Plexus Injury

High birthweight and shoulder dystocia- the strongest risk factors for obstetrical brachial plexus palsy in a Swedish population-based study (pdf) Acta Obstet Gynecol Scand 2005: 84: 654--659

Are Cesarean Sections Helping Or Hindering The Health Of Mother & Infant?

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About Jonathan Rosenfeld

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About Jonathan Rosenfeld My law practice is focused on representing the most vulnerable members of our society in claims and lawsuits...

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