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Questions to Ask Regarding Medical Malpractice

If you suspect that your child?s Erb?s Palsy or Brachial Plexus Palsy may have been caused by negligence on the part of a doctor, nurse, midwife or hospital technician please take a moment to consider the following questions. If the answer to any of the questions is ?yes? it is highly likely that a mistake was made that resulted in your child?s injury.

  • Did my baby weigh more than 8.8 lbs (4000 grams)?
  • Did I have gestational diabetes in a previous pregnancy?
  • Did my weight exceed 180 lbs during pregnancy?
  • Did I have a large child in the past?
  • Is my height under 5’ 4”?
  • Was I over 35 years old at the time of delivery?
  • Did my previous child experience shoulder dystocia (shoulder getting such in the birth canal)?
  • Did I have gestational diabetes during this pregnancy?
  • Did my pregnancy last longer than 40 weeks?
  • Did I gain more than 35lbs during this pregnancy?
  • Did I receive an epidural?
  • Did my child get stuck in the birth canal i.e. shoulder dystocia?
  • Was Improper delivery technique used when shoulder dystocia was encountered (No use of the McRobert’s maneuver, Woods maneuver, suprapubic pressure etc.?
  • Did the medical staff/doctor fail to perform an emergency C-section?
  • Did the medical staff fail to order tests and/or fail to properly interpret any of the tests during my pregnancy, labor and/or delivery?

  • Did my child sustain injuries or bruises before, during, or after birth?
  • Was my labor induced?
  • Was there a prolonged second stage of labor?
  • Was my baby delivered with a vacuum, forceps or by a C-section?
  • Did the doctor and/or medical staff fail to deliver my baby in a safe and timely manner?
  • Was there an abnormal presentation i.e. was my child breach?