Doctors Aware of Erb’s Palsy Risks Are Obligated to Take Preventative Measures

David W. Hodges
David Hodges is a founding partner of Kennedy Hodges. He focuses his practice on personal injury claims.
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During the process of delivering a baby, there are many opportunities for an injury to occur to either the mother or child. One such injury is known as Erb’s palsy. This condition is caused by a physical injury during delivery and can have severe, long-term effects on the child. Families with children suffering from this type of birth injury may be entitled to compensation.

Eight Risk Factors for Erb’s Palsy

While some of the circumstances surrounding your delivery cannot be prevented by the doctor, he or she has an obligation to keep both you and your child safe. If certain risk factors for Erb’s palsy present themselves, the physician is responsible for acting accordingly. For example, if any of the following risk factors were present during your labor and delivery, your attending physician should have taken preventative measures to reduce the chances that your child would suffer from Erb’s palsy:

  1. The baby’s head and neck are stretched during delivery.
  2. Forceps or vacuum extraction tools are used during delivery.
  3. The infant is large in size.
  4. The mother is small in size.
  5. The mother gained an excessive amount of weight during pregnancy.
  6. The second stage of labor lasted for more than one hour.
  7. The infant is born at a high weight.
  8. The infant is in a breech position.

If these risk factors were present and your doctor did not react appropriately, you may have a claim for compensation. It is important, however, to act quickly. The law imposes time limitations on when you can file your claim. Fortunately, we can help guide you through this process during what is surely a difficult time for your family. We encourage you to reach out today for a free consultation at 888-894-0119.

 

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