Attorneys John M. Dodig and Jason A. Daria secured a $1.85 million settlement for a child who sustained Erb’s Palsy as a result of a second-year medical resident’s failure to recognize and properly manage a shoulder dystocia during childbirth.
The resident admitted during his deposition that if he had
he recognized the shoulder dystocia condition, he would have been required to
inform the attending physician so that the attending physician could take over
and continue the delivery. In proceeding with the delivery, the resident
applied excessive traction to the baby’s head.
The child will require continued medical treatment
throughout her life, including psychological treatment, and will suffer from a
loss of earning capacity due to her physical limitations.
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