What are our legal rights? 
The
process of childbirth is extremely complicated and requires a
highly level of care on the part of doctors. Childbirth is extremely
unpredictable, in fact, 80% of childbirths have some form of
complication. All of these potential complications mean that
doctors must make sudden split-second decisions to react to problems
during childbirth. Unfortunately, too often a doctor or nurse
may make the wrong decision under pressure and that error could
cause Erb's Palsy (Brachial Plexus).
Modern
medical technology and techniques make Erb's Palsy largely preventable.
There are several things doctors can do to decrease the risk
of an Erb's Palsy childbirth:
- Estimate the baby's weight before
delivery (higher-weight babies are more at risk and parents should
be informed of this risk).
- If there is a high risk of Erb's
Palsy, perform a caesarean section, which removes the risk of
the shoulder getting caught.
- If the doctor sees that the
baby is not properly aligned, the doctor should use appropriate
techniques to prevent the shoulder from getting caught. There
are numerous techniques doctors know to prevent the shoulder
from getting caught. For example, if the shoulder or the baby
is gently shifted, the risk of the shoulder getting caught can
be greatly reduced. Or, the doctor could press down on the mother's
belly to push the baby's shoulder into the correct position.
This
is not to say that all Erb's Palsy cases are the result of negligence.
Often there is little or nothing a doctor can do. Nevertheless,
parents should consider the possibility that a doctor may not
done all that is possible to prevent Erb's Palsy and at least
request some form of inquiry.
Submit a free inquiry
To find out if you are entitled to financial compensation, you can submit a free inquiry. There is no cost or obligation.
|