Florida Accident Attorney Blog

When a woman goes into labor and enters her Florida hospital delivery room, it's supposed to be a joyous event. A new baby's arrival into the world is an exciting, heart-pounding time. However a carefree delivery, like the kind we see in TV and movie comedies, isn't the reality most women experience. Childbirth is a critical time for both the mother and the infant. The obstetrician's ability to assess the situation and use proper birthing techniques is extremely important for the birthing process to go smoothly and the baby to arrive healthy and uninjured.

An experienced Fort Lauderdale, Florida birth injury lawyer such as Attorney Debi Chalik knows from work representing clients that things can go wrong in the delivery room causing injury to the newborn.

Medical reference The Merck Manual writes, "Birth injury is damage sustained during the birthing process, usually occurring during transit through the birth canal." This situation may occur when the baby is large and the vaginal canal is too small for a safe delivery. A number of types of birthing injuries can occur when a woman delivers her baby at a Broward County or other South Florida hospital. These can include…

• Head and brain injury (including bleeding in the brain)


• Bone fractures


• Asphyxia (not enough oxygen)


• Damage to organs


• Injury to skin and soft tissues (but most birthmarks are not considered serious)


• Nerve damage

One type of nerve damage that can occur may affect the infant's ability to move his or her arm freely. This condition may begin when a birthing complication called a shoulder dystocia occurs -- when the baby's shoulder gets "stuck" inside the mother's birthing canal. If the delivering physician uses excessive force in attempting to free the infant's shoulder, the baby's neck can get stretched -- which may in turn cause damage to nerves that affect the mobility of the shoulder, neck, and arm.

This can lead to a condition known as Erb's Palsy or brachial plexus palsy or paralysis. Depending on the severity of the erbs palsy case, the infant may require surgery or physical therapy to regain mobility. Some estimates indicate that one of every 1,000 babies born experiences an Erbs palsy related injury.

As Erb's palsy injury attorneys in Broward County, Florida, we've worked with mothers and families who've found themselves and their infants in this predicament. The mother may notice early on after the baby is delivered that something is not right with the baby's arm -- that the baby's arm is not moving properly or freely. The physician and hospital staff may not inform the mother that something is wrong. This is why it's important to contact an experienced Fla. birth injury attorney if you suspect something is wrong with your newborn baby. The attorney can help you assess your situation and make sure your child gets the medical care and attention he or she deserves.

For more insights, please read Fort Lauderdale Birth Injury Attorney Debi Chalik's Q&A on what happens in a South Florida hospital when a birth injury leading to erb's palsy or paralysis occurs.

Related Florida Birth Injury Attorney Articles:

Neurological Injuries to Newborns -- Common Causes

Surgical Techniques to Repair Brachial Plexus Birth Injuries Studied

Source:

The Merck Manual Home Health Handbook -- Birth Injury

According to the March of Dimes, shoulder dystocia injuries to babies can occur as a result of difficult vaginal birth. Shoulder dystocia -- dystocia means "slow or difficult labor or delivery" -- occurs when the baby's shoulder gets stuck behind the mother's pubic bone. If the doctor uses too much force in delivering the infant, potentially serious conditions known as brachial plexus paralysis and Erb's palsy injuries can occur.

Broward County, Florida birth injury attorney Debi Chalik says mothers-to-be should be informed of their own medical history, medical conditions, as well as their birthing options. The March of Dimes says that while shoulder dystocia may be difficult to predict, a set of risk factors exists that pregnant women should be aware of. Shoulder dystocia and Erb's palsy related injuries may occur in women who...

• struggle with their weight


• have diabetes


• are pregnant with multiple babies


• have given birth to large babies in the past


• have a history of difficult vaginal birth

Attorney Debi Chalik has worked with a number of women in Florida whose babies have suffered Erbs palsy related injury. She says pregnant women with these risk factors "don't always realize that they may be a candidate for a C-section." Medical journal research studies have shown that women who have Cesarean section births are less likely to have babies that suffer shoulder dystocia and Erbs palsy birth injuries than women who give birth through the vaginal canal.

"Often times these shoulder dystocia injuries occur when the baby is too large for a vaginal birth," Attorney Debi Chalik says. Pregnant women who have concerns should "Discuss [their] options with [their] doctor before entering the delivery room. Mothers need to know what their options are before going into labor."

Related Erb's Palsy Birth Injury Article:

Q&A with Florida Erb's Palsy injury lawyer Debi Chalik

Sources:

March of Dimes: Shoulder Dystocia

Route of Delivery and Neonatal Birth Trauma (abstract)
American Journal of Obstetric and Gynecology Jan. 15, 2010

United Brachial Plexus Network, Inc. has announced that October 17 - 23, 2010 is Brachial Plexus Injury Awareness Week.

The nonprofit organization offers resources and information for people who are living with brachial plexus injuries and other related erbs palsy injuries, which may have resulted during birth delivery complications. The group also features success stories of people living with brachial plexus and other birth injuries and has set up a Facebook fanpage for families to connect (see links below).

Florida brachial plexus lawyers work with families whose children have suffered these types of injuries. An experienced Fla. birth injuries attorney may help families determine whether medical error or negligence may have led to erb's palsy or other birth injuries.

Erb's palsy, brachial plexus injuries and shoulder dystocia are all related conditions that can occur as a result of a difficult birthing process. These conditions can affect the movement of the shoulder, arm, and hand and can cause varying degrees of paralysis -- which in turn can affect mobility and a person's day-to-day life. People who suffer these types of birth injuries may require surgeries or extended physical therapy to regain function in the affected limbs.

If you suspect a baby's birth injury may have been avoidable, it's best to consult an experienced Florida birth injury attorney, who can help determine whether medical negligence or malpractice may have contributed to the baby's birth injuries.

Brachial Plexus Injury Awareness Week Resources

United Brachial Plexus Network on Facebook

University of Iowa Hawkeyes defensive end Adrian Clayborn has been named the no. 1 player in the The Big Ten Conference pre-season rankings, based on his past performance and his 2010 potential. It's a major accomplishment for any college athlete. What's remarkable is that Clayborn has overcome an Erbs Palsy birth injury to get to where he is today.

According to media reports, Clayborn suffered an Erb's palsy injury at birth that left his right arm weakened. Erb's palsy paralysis and other birth injuries can occur during difficult deliveries. Clayborn's mother told an Iowa newspaper that Adrian was a large baby (over 11 pounds) who became breeched during the birthing process. He suffered nerve damage that caused weakness in his right arm. Clayborn underwent physical therapy for most of his young life to regain strength and mobility in his injured arm -- and today is enjoying the results of that hard work.

As Fort Myers Florida Erbs Palsy injury attorneys, we work with families who have been affected by Erb's Palsy -- also referred to as shoulder dystocia. An Erb's palsy injury can occur when, for example, the baby's shoulder gets stuck behind the mother's pubic bone and the infant's neck bends in the birth canal, damaging a group of nerves surrounding the shoulder called the brachial plexus.

Experienced Florida birth injury lawyers may be consulted by families in cases where an Erb's Palsy injury may have been caused due to medical error or medical negligence.

Iowa's Adrian Clayborn Made Toughest Tackle of His Life off the Field
Bleacher Report July 24, 2010

Big Ten rankings: No. 1, Adrian Clayborn
ESPN.com July 6, 2010

Related Web Resources

Iowa Hawkeyes Player Bio: Adrian Clayborn

Google Health: Brachial Palsy

An OB-GYN doctor in California has been reprimanded by that state's medical board for birth injuries caused during the difficult delivery of a large baby.

According to the Santa Cruz Sentinel, the doctor was accused of negligence and incompetence following the Sept. 2002 delivery of a baby weighing more than 9 pounds to a 26-year-old mother. The birth took place at Watsonville Community Hospital in California.

The report stated that the doctor was reprimanded for actions leading up to a birth injury, including failing to follow-up on earlier tests that showed the mother to have gestational diabetes -- a condition that can complicate the birthing process. Overweight mothers carrying large infants are at greater risk for birth injuries that occur during difficult vaginal births.

The Sentinel reported that the doctor used excessive suction pulls to deliver the baby, whose shoulder got stuck behind the mother's pubic bone (a birthing difficulty sometimes referred to as Shoulder Dystocia). The infant was later diagnosed with Erbs Palsy -- a condition resulting from nerve damage that causes paralysis of the muscles in the shoulder, arm and hand.

Fort Lauderdale, Florida birth injury lawyers follow Erb's Palsy, shoulder dystocia and brachial plexus injury cases such as this one that occur in Florida hospitals and medical centers. Following the reprimand (the mildest form of discipline given to a physician), the doctor in the California case was ordered to attend training sessions and pass an exam.

Obstetrician accused of negligence is reprimanded
Santa Cruz Sentinel, Feb. 3, 2010

Related Web Resources

March of Dimes: Shoulder Dystocia page

Florida Board of Medicine: Consumer Information

A research paper to be published in 2010 by the American Journal of Obstetrics & Gynecology finds that "cesarean delivery was associated with decreased odds of all birth trauma...due to decreased odds of clavicle fractures..., brachial plexus..., and scalp injuries..." as compared to infants who were delivered through the vaginal canal. The paper (in press) was originally presented in at the District IV Meeting of the American College of Obstetricians and Gynecologists in Orlando, Florida, in Sept. 2008.

Brachial plexus injury and Erbs Palsy are paralyzing conditions that can arise when medical mistakes are made during child birth.

Along with shoulder dystocia, these types of birth injuries can occur during a difficult delivery process, for example when the infant's shoulder gets "stuck" -- resulting in nerve damage that can affect mobility and usage of the shoulders, arms, and hands.

Florida Erbs Palsy lawyers are versed in the medical liability, malpractice, and negligence issues surrounding these types of debilitating birthing injuries. Responsible doctors are aware of a patient's medical history and communicate with the mother about her birthing options, particularly when vaginal birth may cause difficulties (e.g., in overweight women or those who have experienced difficult vaginal births in the past).

The miracle of childbirth always comes with risks. The new journal article concludes that, "Infants delivered by cesarean are at risk for different types of birth trauma from infants delivered vaginally." A brachial plexus injury attorney who has worked with Florida families and injured children knows that mothers should be informed by their doctors and obstetricians of their risks and options prior to actually delivering their babies.

Route of delivery and neonatal birth trauma (Abstract -- Article In Press)
American Journal of Obstetrics & Gynecology Jan. 15, 2010

Citation: Moczygemba CK, Paramsothy P, Meikle S, et al. Route of delivery and neonatal birth trauma. Am J Obstet Gynecol 2010;202:x.ex-x.ex.

Related Web Resources

CDC: Reproductive Health

United Brachial Plexus Network

Florida is among several southeastern states with the nation's highest premature birth rates, according to the March of Dimes second annual premature births "report card." In fact when it comes to preventing premature births, Florida gets an "F". Hispanic women are among the categories of mothers experiencing increased rates of premature births in Florida.

The chairman of the March of Dimes Florida Chapter was quoted by a news source as saying, "... our prematurity problem is getting worse. We urgently need to take action prevent more deaths and disabilities." The Centers for Disease Control and Prevention (CDC) released data showing that U.S. premature birth rates rose by 20 percent between 1990 and 2006. (Source: National Center for Health Statistics, see link below.)

The problem cuts across ages and races. The CDC reports that while pre-term birth rates declined for black mothers in the 1990s, they rose again in the 2000s, and "...increases in late preterm births are seen for mothers of all ages, and for non-Hispanic white and Hispanic mothers."

Spanish-speaking Florida lawyers provide assistance to Latino and Hispanic women who have experienced birth injuries as a result of medical negligence or medical malpractice. Birthing injuries such as those resulting in a potentially debilitating condition called Erb's Palsy or Erbs paralysis can occur when doctors make errors during the baby's delivery or fail to communicate a mother's options for delivery.

Communication between doctor and mother is critical, especially for patients who have medical conditions (e.g., obesity and diabetes) that can complicate the birth process. Florida birth injury lawyers see the consequences of what can happen when mothers do not get the standard of medical care required to safely bring their babies into the world.

Why the U.S. Gets a D on Preterm Birth Rates
Time.com Nov. 17, 2009

Premature Birth Report Card; Florida Gets 'F'
FirstCoastNews.com Nov. 17, 2009

Born a bit too early: Recent trends in late preterm births.
NCHS data brief, no 24
Hyattsville, MD: National Center for Health Statistics. November 2009

The United Brachial Plexus Network, Inc., held an Awareness Week Oct. 18 to 24 to educate parents, families, and individuals about the risks of birth injuries such as Erbs Palsy, which can require surgery or physical therapy and have temporary or lifelong effects.

The group's website informs parents-to-be about birth injuries that can occur related to the position of the mother, possible complications, and delivery techniques used by the obstetrician. The group cautions mothers from giving birth on their backs and from consenting to allow physicians to use "tools" such as forceps and suction devices, which can sometimes cause injury to the newborn.

A Florida Erbs Palsy attorney may be consulted by families in cases where they believe their baby son or daughter may have suffered birth injury due to actions by the physician. Families are best advised to consult an attorney who is experienced with birth injuries to determine if medical negligence or malpractice may have occurred.

Brachial plexus injury refers to damage such as stretching and tearing of the group of nerves that control the muscles of the shoulders, arms, hands, and fingers. One of the most common factors leading up to an erb's palsy injury is a delivery complication known as "stuck shoulder." Improper obstetric technique can worsen the situation. The United Brachial Plexus Network offers information to help parents prepare for things that can happen during child birth, so they can make better decisions with their obstetricians.

United Brachial Plexus Network, Inc.

Related Web Resources

Mayo Clinic: Erb's Palsy Treatment in Children

National Institute of Neurological Disorders and Stroke:
NINDS Brachial Plexus Injuries Information Page

Professionals estimate that 1 out of every 1,000 babies born in the U.S. suffers from a common type of birth injury known as Erb's Palsy or Erbs Paralysis.

Erbs palsy or brachial plexus injuries occur during difficult labor, when the baby suffers nerve damage that can impede mobility of the shoulder, arm, wrist, and hand. A stretch injury is the mildest form, and the damage may resolve on its own with 90% to 100% functionality restored. A shoulder dystocia injury can occur when the baby's shoulder gets stuck inside the mother during a vaginal birthing process. Babies over 8.8 pounds are more inclined to experience these injuries, which also occur more frequently in mothers who suffer from diabetes and/or obesity.

Other types of brachial plexus injuries involving more severe damage to the nerves and spinal cord may require multiple surgeries and years of physical therapy to restore any functionality to the affected limb. Florida medical malpractice attorneys work with families who believe their infants may have suffered Erbs palsy or brachial plexus injuries due to medical negligence.

The Brachial Plexus Palsy Foundation works to educate parents in hopes of preventing these types of birth injuries.

The foundation urges all new mothers to take a proactive approach in their pregnancies, to learn all they can about their bodies and their options, and to work closely with their OB-GYN doctors so they can make informed decisions when the day of the birthing arrives. Sometimes a doctor will ask the patient for her informed consent to perform a C-section if vaginal birth appears to be hazardous for mother and baby.

National Institute of Neurological Disorders and Stroke:
Brachial Plexus Injuries Information Page

Brachial Plexus Palsy Foundation