Among the more prevalent types of birth injuries is an Erb’s palsy injury that impacts the child’s shoulder and arm. This may be a major injury that in the most extreme instances leave the child with weak use of the arm even subsequent to surgery. In many circumstances the injury is preventable. When this occurs because of a mistake by a physician during the delivery process the parents may be able to pursue a malpractice case on behalf of themselves and their child.

As an example, think about a reported lawsuit regarding a woman expecting her third child. The woman was either borderline for or in fact had gestational diabetes, abnormal weight gain during the pregnancy and had in the past delivered 2 large babies. Roughly four months into the pregnancy her physician recorded that the unborn child was larger than expected by the gestational age. Three months later the pregnant woman was borderline on her blood sugar test for gestational diabetes. An ultrasound after that consultation put the baby’s weight within the 90th percentile. At her final prenatal consultation the day before the doctors planned to induce her labor the doctor documented the fundal height (a measurement of the uterus used to evaluate fetal growth and development) at forty three centimeters. The expectant mother was forty weeks pregnant.

The following day she was admitted at the hospital as scheduled. Once she was admitted, a second doctor took over her care. The hospital record documented the pregnant woman’s prior borderline glucose test and that she was at high risk given earlier "large gestational age" babies. This doctor failed to, nevertheless, test her glucose amount or try to approximation the unborn child's weight before medically inducing her.

Virtually four hours after her admission to the hospital the woman’s membranes spontaneously ruptured. Once this happened a sizeable amount of meconium was seen. This is frequently an indication that the baby is in trouble and usually calls for an emergency C-section. Around 40 minutes later the physician performed a vaginal examination. The doctor recorded that the expectant mother was 4 centimeters dilated. The doctor placed a fetal scalp electrode which showed early decelerations. Although it was not noted in the publication of the lawsuit, specific types of decelerations may be an indication of fetal distress. A little more than one hour afterwards the woman was fully dilated. The nurse’s paperwork indicated the presence of shoulder dystocia, the delivery of the infant's head, and also the application of suprapubic pressure to facilitate delivery.

The infant weighed ten pounds 10 ounces ounces at birth. The infant had a head circumference in the 90th percentile and she had an Erb's palsy injury. When she grew her arm atrophied from her inability to use it. She has developmental delays and has cerebral palsy.

The doctors failed to monitor the mother for gestational diabetes even though they had ample knowledge that the child was large preceding delivery. Yet, they did not plan on a Caesarean and did not try a standard method prior to using traction to the baby’s head. These steps might have avoided the child's injury. The parents initiated a medical malpractice claim against the doctors. The law firm that represented the family revealed that the case settled for $900,000.