question

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
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Bakahump
Posts: 3
Joined: Wed Oct 19, 2005 1:31 pm

question

Post by Bakahump »

Hello,

My son was born 9/28/05 wieghing 9LBS 10oz, at first he was diagnosed with a possible broken shoulderblade or collarbone.

After xrays they diagnosed BPI or what they called Erbs Palsy.
At about 1 week our Ped started him on OT.

Recently we have just asked and been referred to Boston (closest of the listed experts on this site).

I am curious what some of you have experienced in regards to treatment and improvement. At this point we do not know to what degree he is injured (Strain,scar tissue avulsion etc etc). I assume this will be the first step when we go to boston.
We do know that he moves his fingers, has a grip, and has some wrist movement but often keeps the "waiters tip" position.
Till then we will keep up with OT.

Is it pretty standard to feel this is preventable and that negligence or Malpractice is the primary cause? For instance up until Birth our OB Gyn had no idea and/or gave no indication of knowing how big my son would be. Also during labor it was mentioned a couple times that "Her (my wifes) birth canal is a little small". We have not acted upon this in anyway yet but discussions with friends and family seem to make us think this was preventable.

These seem to be some of the most obvious reasons for this injury as I understand it. Does this jive with many of your experiences?

I feel for all parents and individuals who have suffered from this injury. I hope that you could help offer me some information from your experiences. I appreciate your time and wish you all well.

Baka
claudia
Posts: 1241
Joined: Tue Nov 06, 2001 12:21 pm

Re: question

Post by claudia »

Dear Baka:
Welcome to the Boards, you have come to a place with a wealth of information, opinion and support. Congratulations on the birth of your son, though I so sorry that you had to find us.

You already have a wonderful start by heading to a bpi specialist. From your post, I gather that you will be seeing Dr. Waters. He is a great doctor and a very nice and caring man. You should go with a list of questions (your ot can help with this) and write down his answers. This way you can refer to them when you have questions later on (and you will) and you can refer to them when you go for second opinions.

As to your legal question, this can only be answered by a qualified attorney. Yes, many of us have persued legal action; however, every case is different. I encourage you to get your son's medical records and your wife's (she will have to request her own) medical records immediately. If they want to know why, tell them you are moving and want to take them with you. Funny things happen to medical records after a hospital knows that you are thinking of legal actions. You should ask your wife's ob for those records as well. Just hold onto them. If you decide to go forward, you have them already. Your attorney will request his/her own copy as things can "change".

It can be difficult to read the boards, I know. But there is a lot to learn. Ask lots of questions, we have a very educated community here.

good luck,
claudia
JoKats68
Posts: 20
Joined: Sat Oct 01, 2005 7:23 pm

Re: question

Post by JoKats68 »

Hi Baka,
I have a 6 month old that was 9lbs. 12 oz. at birth and has Total BPI in his left arm. It's good that you are seeking out a doctor. You might want to ask your OT for a brace so his wrist doesn't keep that waiters tilt to it. My son has been wearing one since he was 4 weeks old. An MRI will need to be done, but there really isn't any way of finding out the real damage unless they open him up. My son had avulsions on everything except C7.
And yes this is usually OB negligence. They do know about shoulder distocia and BPI and Erb's Palsy. They learn about it in Medical School...though you'd never know it. Talk to a GOOD lawyer.
Good Luck.
Jo(Nick's mom)
GAmom
Posts: 186
Joined: Wed May 04, 2005 11:20 am

Re: question

Post by GAmom »

Baka,

Welcome and congrats on you bundle of joy. Sorry that you had to find us this way. As all the others have said this board is very informative and the people are super, super, nice. Yes this injury is preventable, very preventable. My son was 9lb. 11 oz. He is 2 1/2 now. He had bone surgery about 2 months ago. If you are thinking about legal action I would get to it. Don't wait. We waited and now it is too late. Most states have a statue of limitations. GA is 2 years. We just missed ours, I wished I would have done something. Just recently I found out the same DR that delivered my son injured another baby. I think it is great you all are getting a jump start on your son's care. We had to wait a few weeks before we could start therapy due to his broken collar bone. Feel free to ask all kinds of question. You may email me if you would like at bigbubba31745@yahoo.com with any questions. Once again congrats on you bundle of joy.

Ash
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