How do we determine hospital liability with an Erb’s Palsy claim?
Many parents find themselves asking this questions. An attorney can lead the investigations and gather necessary evidence to prove who is liable in a medical malpractice action. This may include the doctor, delivery room staff and the hospital that employed the medical professionals who committed the error. Handling an Erb’s Palsy claim is confusing and may be very hard on your family – having a Florida Erb’s Palsy attorney at Chalik & Chalik can greatly take stress off you and your family.
How and why does Erb’s Palsy happen?
The actions of the person delivering the baby may cause Erb’s Palsy. This could be true even when the factors that led to the difficult delivery were out of the doctor’s control.
It helps to understand factors that cause this condition in the effort to determine who is liable for the birth injury. Erb’s Palsy occurs when a newborn suffers nerve damage in a bundle of nerves located near the shoulder. The damage can occur when a doctor or the person delivering the baby administers too much force during delivery, especially in cases of shoulder dystocia.
Erb’s Palsy is typically seen in difficult labor or delivery situations. This might include an unusually large baby or delayed labor. Breech birth – when the baby isn’t positioned with its head pointed down toward the birth canal – is another common factor. In any of these situations, the person delivering the baby may have to exert extra force or pressure to free the newborn. Injury can occur if the baby’s shoulders are not freed or the neck is compromised during delivery.
Investigating Hospital Liability with an Erb’s Palsy Claim
The doctor and delivery room staff are the most obvious liable parties in a claim stemming from Erb’s Palsy. A hospital also may bear liability in a medical malpractice action. A medical facility is responsible, to a degree, for the actions or inactions of its employees or contractors.
Special considerations when looking at hospital liability in an Erb’s palsy claim include:
- Did the hospital fail to train its employees to handle difficult labor or delivery properly?
- Was the hospital negligent in hiring poorly trained or unqualified doctors or delivery room staff?
- Does the hospital have a record of similar birth injury cases?
- Does the hospital or medical facility have all the proper licensing, and did it ensure all employees held proper licenses?
- Did the hospital have an acceptable protocol in place to reduce the odds of injury in the event of a difficult birth?
A lawyer may conduct extensive investigations to determine the answers to these questions. A legal team also may consult independent medical experts to weigh in on the doctors’ actions and potential liability of a hospital in a claim.
What are the consequences of Erb’s Palsy?
When Erb’s Palsy is mild, the effects typically resolve with sufficient physical therapy and time. In more severe cases, surgery may be necessary to repair damaged nerves. Some young patients will experience life-long symptoms that include weakened or underdeveloped muscles and a limited range of motion.
If your child is facing a lifetime of recovery, you may benefit from contacting the Erb’s Paly Attorneys at Chalik & Chalik. Schedule a free consultation by calling us at (888) 476-4697, or contact us online.