Good morning.
Traumatic birth injuries can occur when doctors do not have a plan in place to deal with a large baby (macrosomia). There are warning signs that when seen throughout the pregnancy that should put a doctor on notice of potential problems at birth. They include:
Gestational diabetes
Pre-pregnancy diabetes
Obese mother
Rapid/excessive pregnancy weight gain
Prior delivery of a “large for gestational age” baby or macrosomic baby
Post-term pregnancies
Advanced maternal age
Multiple gestation
A fractured arm is a concern, but there are others, including the possibility of the development of shoulder dystocia. Also, if the baby was not breathing, there are other questions, including whether deprivation of oxygen will lead to developmental issues.
You are in the middle of dealing with (a) a new baby (who has a broken arm) and (b) an exhausted mom. You have plenty of time to investigate a malpractice case. Let the dust settle a little bit with the medical issues, and then have an attorney review the OBGYN records, and Mom and Baby's admission records. If the arm heals and there are no other complications, then the case may not be financially viable. It will take time, however, to be in a position to know the impact of these injuries, beccause new babies cannot communicate and you often have to wait until they get a little older to determine how an injury like this is going to have a long-term impact.
Good luck!
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Feb 19th, 2013 at 9:58 AM