If your child suffers from Erb’s Palsy, it may seem clear to you that the delivering doctor committed medical malpractice. After all, the shoulder was impeded or stuck behind the pubic bone (known as shoulder dystocia) at the time of delivery, the doctor had his or her hands on the baby, and an injury was apparent to the shoulder and arm—and no other part of the anatomy— immediately after birth.
The attorneys here at Kenneth M. Levine & Associates agree that cases of Erb’s Palsy, or permanent injury to the brachial plexus nerves, are the result of medical malpractice.
Routinely, however, medical malpractice defense attorneys representing doctors and hospitals in Erb’s Palsy cases utilize a stock defense against cases brought on behalf of injured children.
Here’s what they rely on:
The American College of Obstetricians and Gynecologists (ACOG) issued a practice bulletin in 2002 that offers the opinion that approximately 50% of Erb’s Palsy cases occur in the presence of shoulder dystocia and 50% occur without it. Relying upon this source of information, defense attorneys and their experts will claim that the injury occurred naturally as part of the birth, and therefore, the doctor and hospital personnel were not negligent.
At Kenneth M. Levine & Associates, we believe that there are many flaws in this analysis, not to mention that ACOG is a trade group with a bias against medical malpractice cases, and we have convinced juries of this.
It takes an attorney who is knowledgeable about the medical literature regarding Erb’s Palsy to successfully counter the arguments advanced by the defense at trial, or otherwise even the most experienced trial attorney may find him or herself caught by surprise.
Further, depending upon where the birth occurred, the courts of each state have different rules that affect how parties may introduce medical literature and cross-examine experts about it.
The attorneys at Kenneth M. Levine & Associates have an in-depth knowledge about Erb’s Palsy from having litigated numerous cases, enabling us to provide you with the highest level of legal representation.
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