Frequently Asked Questions
How much does a medical malpractice shoulder dystocia lawsuit cost?
What’s the difference between Cerebral Palsy and Erb’s palsy?
Other then not having use of the arm, what other problems will my child experience from his brachial plexus injury (BPI)?
What should I ask my birth practitioner?
What are the odds of having a baby with permanent brachial plexus injuries?
I don’t live in Pennsylvania or New Jersey. Can you take my Erb’s palsy case?
How much does a medical malpractice shoulder dystocia lawsuit cost?
It costs you nothing. If Anapol Schwartz agrees to be retained, we take your case on a percentage contingency basis. If you don’t win your medical malpractice lawsuit, we don’t get paid. No recovery; no fees. The likelihood of a successful lawsuit varies based on the facts of each case. Each mother and baby’s experience varies and will affect the outcome of any lawsuit. There are also local issues, involving specific state laws, which may alter the handling of medical malpractice shoulder dystocia lawsuit.
What’s the difference between Cerebral Palsy and Erb’s palsy?
Cerebral palsy is a brain damage condition caused before, during, or after the birthing process. Cerebral palsy from birth injury usually occurs during a difficult delivery. A difficult delivery, with the risk of injury to the fetus, may occur if the birth canal is too small or the fetus is too large. This sometimes occurs when the mother has maternal diabetes or gestational diabetes.
Erb’s palsy is a birth injury that usually is preventable and occurs during a difficult delivery when the baby is too large and the pelvic area is too small or unusually shaped.
Most cases of cerebral palsy and erb’s palsy are preventable with the right neonatal care and healthcare practitioners who are skilled in diagnosing and delivering difficult pregnancies.
Other then not having use of the arm, what other problems will my child experience from his brachial plexus injury (BPI)?
- Droopy eyelid
- Asthma and lung issues
- Hair and aging of the affected side will be different than the normal side
- Nails on the affected side will have different growth patterns
- Yeast rashes are common on the affected limbs
- Physical therapy will be required for low muscular tone due to nerve damage
- Balance and gait issues will arise; must see a physical therapist
- Affected side is more prone to sunburn
- Sensory integration may be affected
- Children may bite hands and fingers on the affected side
- Decreased circulation in the affected arm may result in heightened sensitivity to both hot and cold temperatures
- Excessive drooling and eating
- Ear infections
- Scoliosis
- Swelling of the affected arm
- Speech and developmental delays
- Delayed self help skills to dress, clean, and use the bathroom
- Tightened neck muscles
- Buzzing sensations or itching in affected limb
(Source – Brachial Plexus Foundation)
What should I ask my birth practitioner or healthcare provider? Tell your birth practitioner or healthcare provider that you are concerned about shoulder dystocia. Inquire if you are at risk and if you are – what do they recommend.
Has your medical professional determined if your pelvic area can deliver a baby if shoulder dystocia would occur? Have they encountered shoulder dystocia before? What maneuvers would they use if it happened to you? What maneuvers do they have experience with?
Do they have experience with the Gaskin Maneuver (mother on all fours)? What protocol does the hospital follow when this happens? Will you receive a test to determine the weight of the baby?
If your doctor is not present; who will be and how experienced are they with shoulder dystocia? Have you ever injured a child during the birth process? Have you ever been sued for injuring a child during the birth process? Has a baby or mother ever died while in your care and under what circumstances?
What are the odds of having a baby with permanent brachial plexus injuries?
About one woman out of 45
I don’t live in Pennsylvania or New Jersey. Can you take my Erb’s palsy case? Unfortunately not, however, we can refer you to legal experts in your state. Contact us anyway.
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