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$ 1,000,000.00 RECOVERY OF POLICY LIMIT PRIOR TO TRIAL: OB/GYN Medical Malpractice Case --- Excessive Traction After Shoulder Dystocia Encountered During Baby Delivered --- Failure To Discuss C-Section Option --- Brachial Plexus (Nerve) Injury --- Erb's Palsy.
This medical malpractice case against an obstetrician/gynecologist in which the plaintiff contended that the defendant physician (ob/gyn) used excessive traction to deliver the baby after shoulder dystocia was encountered ended in a $1 million settlement just prior to trial.
The plaintiff contended that as a result, the infant plaintiff suffered a right shoulder brachial plexus (nerve) injury and Erb's Palsy. The plaintiff also contended that the pre-delivery ultrasound reflected fetal-pelvic disproportion and that the risk of dystocia should have prompted a discussion with the mother regarding a C-section, obviating the risk. The plaintiff maintained that once the physician encountered dystocia, recognized maneuvers should have been completed and the use of excessive traction avoided.
The defendant ob/gyn physician denied employing excessive traction and contended that a brachial plexus injury, such as that suffered by the infant plaintiff, could well occur despite appropriate techniques. The plaintiff countered that although a temporary injury of nerves could occur in the absence of excessive traction, a permanent injury would not occur unless excessive traction was employed. The defendant ob/gyn further contended that the fetal-pelvic disproportion was slight and that a discussion with the mother was not required nor would such a conversation change the decision to proceed with a vaginal delivery.
< see more at http://www.jvra.com/verdict_trak/article.aaspx=190828 >
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