A Las Vegas woman has filed a birth injury lawsuit against a local hospital alleging that the doctor who delivered her baby was drinking and as a result, her baby suffered Erb’s palsy, a condition that may affect him for the rest of his life. According to an NBC26 news report, the mother who filed the lawsuit says she heard her doctor saying there weren’t “many people in the bar” when he left the bar and was openly talking about drinking when she was in induced labor and facing the possibility of a C-section back in May 2015.
Rough Delivery by On-Call Doctor
The woman’s regular doctor was on vacation and the doctor who handled the delivery was the hospital’s on-call obstetrician. The woman’s family was recording video of the birth on a cell phone. The woman said she heard the nurse ask the doctor if he “just wasted a Belvedere” while the doctor replied “he poured out tequila.” The victim said she told the doctor she could “feel everything” and that the epidural wore off. In response the doctor told the woman to “scoot her fat ass down” and asked her if she wished her regular doctor had been available.
The woman said she smelled alcohol in the on-call doctor’s breath. The plaintiff also said that when her son was delivered, he suffered paralysis to his arm due to nerve damage caused by the doctor’s tugging and pulling during the rough delivery. Medical experts hired to review the case determined the doctor used inappropriate techniques by pulling the baby’s arms and that he failed to diagnose and recognize the pressure of shoulder dystocia (the shoulder being stuck on the mother’s pubic bone).
The Nevada State Board of Medical Examiners records showed that the same on-call doctor settled a 2012 case of negligent vaginal delivery resulting in shoulder dystocia. So, it wasn’t the first time he had delivered a baby with the same type of injury. The doctor also has another half dozen reports of possible malpractice involving insurance payouts and settlements totaling more than $2.7 million. It is unclear why the doctor still had a license to practice medicine despite his record.
Understanding Erb’s Palsy
Erb’s palsy is a type of brachial plexus disorder that occurs when the nerves in an infant’s upper arm are damaged. Erb’s palsy affects one or two out of every 1,000 children in the United States. The brachial plexus is a network of nerves that sends out signals from the spine to the shoulder, arm and hand. An injury to these nerves occurs when they are stretched, compressed, or in much more serious cases, ripped apart or torn away from the spinal cord. The nerves in the brachial plexus give mobility and sensation to the arm, hand and fingers.
Erb’s palsy is often caused by shoulder dystocia (when the baby’s shoulder gets stuck) during a difficult birth. Children with Erb’s palsy are unable to move the affected shoulder or upper arm. In some cases, the injury can have an impact on the whole trunk, affecting the spinal cord’s ability to send messages to the arm through normal nerve impulses. This is why children with Erb’s palsy may appear as if their arm is limp. Adults can also sustain brachial plexus injuries in various ways.
Seeking Fair Compensation
It can be extremely costly to raise a child with Erb’s palsy or a brachial plexus injury, particularly when it is permanent. Children who suffer permanent paralysis or have severe motion impairment will need a lot more therapy and rehabilitation. If your child has suffered an injury as a result of medical negligence, you may be able to file a birth injury lawsuit seeking compensation for damages including, but not limited to, medical expenses, lost income and benefits, loss of livelihood, hospital and rehabilitation costs, permanent injuries, disabilities, past and future pain and suffering, etc.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict that was reduced by the appeals court to $1,850,000 because the verdict was so large. This was the highest amount upheld by the appellate courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
If you found this article useful, please share it!