Strollerderby

Mom Says Hospital Fouled Childbirth - Twice

Posted by JeanneSager

What would you do if you thought your OB/GYN caused your baby irreperable harm during delivery? Would you go back?

A mom from Queens returned to the hospital where she'd delivered her first son to deliver her second - and once again, she says the doctors "yanked" on her child, causing a debilitating nerve injury that may lead to permanent paralysis. 

The boys, a year apart, are both suffering from ERB's palsy. It's a condition Annemarie Dhana's lawsuit claims is caused by malpractice at childbirth. 

"In both cases their shoulders became stuck after the head was delivered. In both cases excessive force was used to deliver the babies, resulting in ERB's palsy," according to a sworn affidavit, signed by Dhana. 

The trouble is, during childbirth, how do you know if the doctor is using excessive force or doing what is necessary to get that baby out? Every delivery is different, and so is every doctor or midwife - and their preferred methods for delivery. 

Despite repeated (Ok, obsessive) viewings of The Baby Story before delivering my daughter, I had never seen a mom being handed a towel by her doctor so she could pull and he could pull - offering her leverage. It's a practice my OB/GYN apparently uses (successfully, I might add) with a lot of moms - as other women whose children were delivered by him shared the same story. But none of us had ever heard of it before.

What jumps out at me about this case was Dhana's decision to go back to the same hospital where her lawsuit says prenatal care from her first pregnancy was lacking. Throw in the botched delivery, and I would have been running from in the other direction - especially considering she is in Queens, where it has to be easier to find another healthcare facility than it would be in rural upstate New York (where I live, and frankly got lucky considering my lack of options for obstetrical care).

Most of the commenters said as much over at the New York Daily News, where this story first appeared. But let's consider this mom's options:

If this were a case of a health insurance company forcing her to return to the same medical facility where she'd received substandard care, it's could be another example of the failings of our healthcare system in this country. In-network versus out-of-network should be set aside in favor of "good for patient" vs. "bad for patient."

If this were Dhana's own choice, however, I wonder, could she have known that the first case, the ERB's palsy in her elder son, wasn't just a fluke? Was this a case of a mom who didn't bother to do her homework on her medical choices, or more a case of a mom who simply didn't know? Her children are just a year apart, so she was struggling with a child who had a severe medical condition and a pregnancy at the same time.

Would you call this fishy or do you think this mom has a case?

Image: The Daily Mail

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Comments

 

clara said:

What happened to her, shoulder dystocia, is very unpredictable & can be very scary. Erbs plasy is a common outcome, but s.d. can also be fatal if the baby is not delivered in time. The dr. may have been doing the best he could do to save the babies lives. I am surprised he recommended a vaginal delivery after she already experienced one birth injury. Why take the chance?

January 17, 2009 5:19 PM
 

Trace said:

Why on earth would she stick with this one OB-GYN? And why didn't she elect for a c-section, knowing her first delivery wasn't so smooth? Having went through a labor and delivery, of a child who had the shoulders of a football player, I think it's prudent in my future to have sizing measurements done frequently towards the end of the pregnancy... does this woman not think about these things? Yes, the doctor is liable? And yes it is sad that these children have issues now, but this woman should not receive monies, she should have received monies before the second child was born, if it was the doctor's fault. Second time, she has nobody to blame but herself.

January 18, 2009 10:53 AM
 

Mar said:

While a previous shoulder dystocia is a risk factor for future dystocias, the reality of shoulder dystocias is that they are so unpredictable that risk-factor identification is pretty much useless. Here's a pretty easily digested reference article: www.aafp.org/.../1707.html

My understanding of the current standards of care and my experiences of dealing with shoulder dystocias lead me to think that the doctors probably did nothing wrong. And considering what a dire emergency a shouler dystocia can be, they probably deserve commendation for saving those babies' lives. I'm of the opinion that Erb's palsy is a million times preferable to death. Furthermore, enough time has probably not passed to know if the Erb's palsy is even going to be permanent for those children.

As a side note, the majority of shoulder dystocias occur with normal sized babies. So, serial growth measurements of a fetus to rule out vaginal delivery for a "large" baby are unlikely to prevent a shoulder dystocia from happening.

January 18, 2009 3:42 PM
 

Mamallama said:

My first daughter got stuck and it was hell getting her out.  Lots of pulling and pushing with two doctors and two vacuums (first one broke).  Thankfully everything worked out all right and we she was perfect (I wasn't in such good shape afterwards though!).  

I was concerned about the birth of my second daughter so we kept up with measurments and induced one week early to be on the safe side as she was measuring on the bigger side.  I wanted to deliver again vaginally because I wanted to experience it without the trauma.  Smooth sailing the second time around!

January 21, 2009 5:38 PM
 

al said:

I think people are being to hard on this mom.  It may be that she didn't realize that it was caused by the doc until there was a pattern. Maybe, her insurance wouldn't cover a C section unless this incompetent doc recommended one.  This doctor may have been doing his best, but it needs to be investigated.  Either way, we don't know all the facts from this short story. We should take away from this that we always need to be as proactive as possible in our healthcare.

January 29, 2009 2:15 PM

About JeanneSager

Jeanne Sager is a writer who lives in upstate New York with her husband, daughter, a dog and too many cats. She refuses to believe motherhood comes with pumpkin appliqued sweaters, and she';s not ready to apologize for having only one child. She writes about raising her kid in her own hometown and the mom stuff she's not embarrassed to own at her blog, Inside Out (http://jeannesager.blogspot.com), she's contributing editor of Grand Magazine, and she's a regular essayist here on Babble

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