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Illinois Erb’s Palsy Lawsuit Filed After Birth Injury

Injury Lawyer News shared information last week on a new Illinois birth injury lawsuit recently filed in Cook County. The facts of the case are similar to those that occur quite frequently in Chicago and throughout the state.

Shoulder Dystocia
The lawsuit, filed last November, alleges that medical malpractice on the part of a hospital and medical team during childbirth led a child to experience a permanent physical injury. The mother in the case was admitted to the hospital in late December 2010. The suit claims that during the delivery the child’s shoulder became caught on the mother’s public bone. This is a condition known as shoulder dystocia-it is an emergency situation that must be handled properly by medical teams.

Each hospital should have a standard set of procedures in place to deal with shoulder dystocia. In general, the medical team should attempt those standard maneuvers. If they do not work, then an emergency C-section delivery is often necessary. The surgical birth is needed because too much pressure or inappropriate force applied to the baby while stuck can cause severe damage. In particular, a bundle of nerves in the child’s shoulder known as the brachial plexus, can be stretched, cut, or torn. The nerve damage will severely affect the child’s ability to use the arm and hand.

The Negligence
In this case, the family alleges that the medical team failed to properly identify when the infant’s shoulder became caught. As a result, they did not abide by proper procedures. An emergency C-section was not ordered. In addition, one of the doctor’s allegedly applied inappropriate force to the child’s head and neck. The force caused severe damage to the brachial plexus.

As a result, the child was diagnosed with Erb’s Palsy. According to Pub Med Health, Erb’s Palsy refers to a type of brachial plexus injuries affecting both the upper and lower arm. Sometimes similar injuries are referred to simply as a brachial plexus injury or Klumpke palsy.

After learning more about their child’s injury and the cause of the injury, the family sought out a medical malpractice lawyer and filed suit.

Legal Help Following Chicago Birth Injuries
Each Chicago birth injury lawyer at our firm works on cases related to negligence during childbirth. When selecting an attorney to help you with a case of this nature, it is crucial to select someone with experience on these exact matters. Medical malpractice cases are often quite complex. Experts must be hired and complex investigations are often needed to build up a paper trial evidence of the misconduct.

In most cases, after much of the case has been fleshed out in the discovery process, the two sides will come together and try to negotiate a settlement. This is beneficial for both sides, because it is often clear at this point what evidence is available to prove the case. Reaching an agreement without the time or expense of a trial is often possible. Having assistance from a team of attorneys with wide-ranging experience in these matters usually means that a favorable settlement is more likely to occur.

See Our Related Blog Posts:

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