Shoulder dystocia is a serious birth injury that occurs when a baby’s shoulder gets stuck during delivery, potentially leading to nerve damage or permanent disability. If this injury was caused by medical negligence, parents may be entitled to file a birth injury lawsuit to seek compensation for the harm caused. A birth injury attorney can provide the legal guidance necessary to navigate the complexities of a lawsuit and ensure that the family’s rights are protected.
In this blog, we will discuss what shoulder dystocia is, how it occurs, the legal steps involved in filing a birth injury lawsuit, and how a birth injury law firm can assist parents in securing justice for their child.
Understanding Shoulder Dystocia and Its Impact
Shoulder dystocia occurs during childbirth when the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has been delivered. This condition can prevent the baby from being fully delivered, and if not properly managed, it can result in significant injuries to the child.
Some common injuries caused by shoulder dystocia include:
- Erb’s palsy: A condition that affects the brachial plexus, the group of nerves controlling the arms and hands. This injury can cause partial or complete paralysis of the arm.
- Clavicle fractures: A broken collarbone, which can occur when excessive force is applied to free the baby during delivery.
- Hypoxia (lack of oxygen): If the baby is stuck for too long, it can result in oxygen deprivation, leading to brain damage or other serious complications.
Shoulder dystocia is considered a medical emergency, and the healthcare provider must act quickly to resolve the issue. If the proper steps are not taken, it can lead to permanent damage, both physically and emotionally, for the child and family.
Causes of Shoulder Dystocia and Medical Negligence
While shoulder dystocia can occur in any delivery, certain risk factors increase the likelihood of the condition. These include:
- Excessive birth weight: Larger babies are at a higher risk of shoulder dystocia.
- Maternal diabetes: This condition can lead to larger-than-average babies, increasing the risk.
- Prolonged labor: Longer labors can increase the chances of shoulder dystocia.
- Improper delivery techniques: Failure to recognize the risk factors or apply proper delivery techniques can lead to shoulder dystocia.
In some cases, shoulder dystocia occurs due to medical negligence. Examples of medical negligence during a delivery that may contribute to shoulder dystocia include:
- Failing to monitor the baby’s position and size before delivery.
- Using excessive force during delivery without properly addressing complications.
- Not recognizing the signs of shoulder dystocia early enough to take preventive measures.
- Failure to perform a timely cesarean section (C-section) when complications arise.
If shoulder dystocia is caused by a healthcare provider’s failure to meet the standard of care, parents may have grounds for a birth injury lawsuit.
Steps to Take When Filing a Birth Injury Lawsuit for Shoulder Dystocia
If you believe that shoulder dystocia during childbirth was caused by medical negligence, the first step is to seek legal advice. A birth injury lawyer will guide you through the process and help you gather the necessary evidence to support your case. Here are the essential steps to take when filing a birth injury lawsuit for shoulder dystocia:
1. Consult a Birth Injury Lawyer
The first step in pursuing legal action is to consult a birth injury lawyer with experience in medical malpractice cases. A professional lawyer in Phoenix, AZ, can evaluate the facts of the case, review the medical records, and assess whether negligence occurred. The lawyer will explain your rights and provide an overview of the legal process.
2. Gather Medical Records and Evidence
To build a strong case, your lawyer will need to gather all relevant medical records, including prenatal care, labor and delivery notes, and any other documentation related to the birth. Expert testimony from medical professionals will also be essential to establish that the healthcare provider’s actions deviated from the standard of care and caused the injury.
3. Determine Liability
The next step is to determine who is liable for the injury. In some cases, the healthcare provider may be directly responsible for the injury, while in others, multiple parties such as doctors, nurses, or the hospital may be involved. A skilled birth injury attorney will work with medical experts to pinpoint who is responsible for the injury and why.
4. File the Lawsuit
Once liability has been established, your lawyer will file a medical malpractice lawsuit against the responsible parties. The lawsuit will seek compensation for damages, including medical expenses, future care costs, pain and suffering, and any other relevant damages caused by the injury. The lawyer will handle all aspects of the legal process, including filing documents, negotiating settlements, and representing you in court if necessary.
5. Negotiation and Settlement
Many birth injury cases are settled before going to trial. Your attorney will negotiate with the responsible parties or their insurance companies to secure a fair settlement for your child. In some cases, a trial may be necessary if a settlement cannot be reached. Your attorney will ensure that your best interests are represented throughout the negotiation or trial process.
How a Birth Injury Law Firm Can Help
A birth injury law firm with experience handling shoulder dystocia and other birth injury cases can provide invaluable support during the legal process. Their role includes:
- Investigating the circumstances of the injury and determining if medical negligence occurred.
- Gathering evidence and expert testimony to build a strong case.
- Navigating the complexities of medical malpractice law and filing the lawsuit within the appropriate time frame.
- Negotiating with insurance companies and advocating for fair compensation.
- Representing parents in court if the case goes to trial.
If your child has been affected by shoulder dystocia caused by medical negligence, a birth injury attorney can help you understand your options and pursue justice for your child’s injuries.
Contact a Birth Injury Lawyer Today
If you are the parent of a child who has suffered a birth injury due to shoulder dystocia, it is essential to act quickly to protect your legal rights. Contact Snyder & Wenner, P.C. today to speak with a professional lawyer in Phoenix, AZ, who can help you navigate the legal process and fight for the compensation your family deserves.
