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Settlement in Erb’s Palsy Case


A birth injury condition known as Erb’s Palsy occurs in about two out of every one thousand births, and it is typically the result of inadequate treatment by a physician or obstetrician.

A study done in Manhattan and Long Island, presented a public announcement identifying recognizable markers of the condition. In most deliveries when the baby was affected, doctor and nursing staff failed to recognize that a C-section should have been performed. Most C-sections in this case would have been based on the baby’s size. Another factor in the development of Erb’s Palsy is inadequate care and delivery situations that result in “shoulder dystocia”. The use of excessive pressure on the baby’s head, neck, or shoulder during delivery can cause several types of pressure-related nerve damages.

In malpractice or negligence cases, families have the right to seek compensation from those who are responsible. It is possibly for the plaintiffs to come to an out-of-court agreement, or settlement that is compensation received when injuries are the result of medical negligence or malpractice. Such settlements are a major boon for families having to deal with the additional costs of therapies and surgeries.

In order to prove malpractice has in fact occurred, a source has compiled a list of failures on the part of medical staffs. If a medical practitioner fails to accurately estimate the baby’s weight before delivery, diagnose and treat gestational diabetes and other complications and conditions, inform parents of the risks involved in vaginally delivery a very large baby, applies unnecessary force or inappropriate techniques during the delivery, your claims of malpractice may be proven true.

Not only must the malpractice event be discovered, but there must be a link between the inaction or ineptitude and the infant’s sustained damages. It is necessary to show tangible evidence in order to reach settlement.

Providing tangible evidence can prove that a doctor-patient relationship existed between the defendant and the plaintiff, the doctor failed to adhere to acceptable and reasonable medical protocol, and that the doctor’s negligence resulted in the damages in question.

A competent Birth Injury Attorney from NYC can look at all the evidence available and help determine whether you have a case of medical malpractice.

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