Birth Injury the Focus of Medical Malpractice Suit

Posted on September 03, 2014 by Shapiro Law Group

While much of the media’s focus concerning medical malpractice centers on adults, the truth is that birth injuries are not as uncommon as one would think. With four million babies being born in the United States each year, adults need to be more aware of the unfortunate consequences that can often accompany a birth injury. With that, we turn our attention to a recent medical malpractice case, as reported by The Madison-St. Clair Record.

Jurors in Madison County fixed their gaze on a fidgety three-year-old girl that was placed before them in the lap of her mother. The reason for her appearance was a trial against obstetrician James Dalla Riva, M.D.

The girl’s mother sued in 2012 claiming that her daughter suffered permanent nerve root damage and a brachial plexus injury – a condition that limits the movement in her left arm.

The mother claimed that Dalla Riva applied excessive downward traction or tilting of her child’s head during her birth.

The child was asked to raise her right arm in court and demonstrated that it functioned properly. However, when asked to raise her left arm, it became apparent that she could not raise or bend it.

Being born at 9 pounds and 2 ounces, the mother claimed that Dalla Riva should have delivered the baby via Cesarean section. It is also claimed that Dalla Riva noticed a shoulder dystocia, but failed to deliver the posterior shoulder even though he tried on multiple attempts.

Any further surgery that the child undergoes will not be totally curative, as it will only keep her from losing any gains that she has made in her previous therapies. Thankfully, the family is being represented by a medical malpractice attorney and will have the possibility to be compensated for their injuries.

Shapiro Law Group – Medical Malpractice Attorneys Serving the Tampa Bay Area

Did You Know: There are around 28,000 birth injuries per year. This works itself out to three birth injuries per hour in the United States.



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