Approximately twenty percent of babies suffer a shoulder dystocia injury and that injury could be temporary or permanent. The injuries that occur the most frequently in these births include damage to the child’s brachial plexus nerves, fractured clavicles, fractured humeri, or birth asphyxia.

Fortunately, shoulder dystocia is reportedly rare. Generally, between 0.5 percent and 1.5 percent of all births report a shoulder dystocia incident, according to Health Research Funding.org. Risk factors for shoulder dystocia you need to be aware of include:

• The mother gained 35 pounds or more during the pregnancy
• Baby has a larger-than-normal head (aka fetal macrosomia)
• History of shoulder dystocia in a previous vaginal delivery
• The mother has diabetes
• The mother is obese
  

Shoulder Dystocia Injuries Can Have Lifelong Effects

A shoulder dystocia injury can affect the quality of life for your child years into the future. Brachial plexus injuries are the most common form of shoulder dystocia. The two kinds of brachial plexus injuries are Erb’s palsy and Klumpke’s palsy. Erb’s palsy impacts your child’s upper arm muscles and causes abnormal placement of the scapula. This is a condition that could affect the mobility of your child and may require persistent medical care or corrective surgery.

Legal Options Available to the Family

If your child was seriously injured during birth, it is possible that the obstetrician was negligent in permitting the occurrence of shoulder dystocia or in not properly resolving the condition when the discovered it during the birth. If there is evidence of negligence, it may be possible to pursue a birth injury medical malpractice lawsuit. It is important to sit down and talk with an experienced Miami medical malpractice attorney because the laws surrounding malpractice suits are quite complex in Florida.

The Medical Profession Standard of Care

Doctors are trained to take specific steps in order to avoid injury to both the child and the mother during a birth. They are trained to recognize factors that increase the risk of shoulder dystocia, which is why it is generally accepted that shoulder dystocia injuries are generally avoidable if a doctor takes reasonable steps to identify the issue and implement preventative measures. If they fail to take these steps, it could be considered a breach of the standard of care.

This is important because, in order to establish medical malpractice and recover compensation for your child’s shoulder dystocia injury, you will need to prove each of these legal elements – (i) there was an accepted standard of care in connection with shoulder dystocia, (ii) your doctor breached the standard of care, (iii) proximate causation, and (iv) actual damages.

Speak to an Experienced Miami Shoulder Dystocia Lawyer Today

As you can see, there are numerous legal hurdles that must be overcome to receive compensation for your child’s injuries. Alan Goldfarb, P.A., is here to help. We provide a free, confidential consultation to anyone with a shoulder dystocia claim. Contact us or call us at 305-371-3111 (toll free at 866-936-9761) to schedule an appointment.

Resource:

healthresearchfunding.org/17-remarkable-shoulder-dystocia-statistics/

It is not always possible to avoid injury during a delivery. However, birth injuries caused by medical negligence may result from:

• Improper Forceps Use: A mother may have difficulty delivering her child if the child is not properly positioned. If this happens a doctor may use forceps to help position the child and help the delivery. Using forceps can help reduce the risk of oxygen deprivation and distress. Proper use of forceps can prevent birth injuries; however, improper use can damage a child’s neck, chest or head.

• Improper Vacuum Use: A doctor may use a vacuum when a baby has difficulty escaping the birth canal. Vacuums can be used to suction a baby’s shoulder or skull to help guide the baby out the birth canal. Doctors or other medical personnel are responsible for ensuring the vacuum is properly placed on the baby. When not properly placed, the vacuum can cause severe injuries to the mother and baby.

• Failing to Order a Caesarian: A doctor may order an emergency Cesarean, or C-section, if a baby shows signs of distress. If the doctor and delivery team fail to recognize distress and delay ordering a C-section, they may be responsible for any injuries resulting from that delay.

• Hypoxia: A baby may suffer from hypoxia when its brain does not receive enough oxygen during childbirth. An infection, tangled umbilical cord, or damaged placenta may cause hypoxia. If hypoxia is not properly identified and addressed, a child may suffer mental and physical disabilities. If a doctor fails to notice signs of hypoxia and take action to avoid injury, the doctor and the delivery team may be responsible for any resulting damage.

The following complications during birth might also indicate medical malpractice was a factor that caused your child’s birth injury:

• Improper use of pitocin;
• Failure to perform specialized test during pregnancy;
• Failure to identify and treat infections, placental abruption, umbilical cord entrapment or premature membrane rupture;
• Failure to refer high-risk patients to specialist;
• Failure to identify changes in the fetus’ condition; and
• Failure to order pre-natal testing.

Contact an Attorney

Birth injuries can be caused by a number of factors and it is not always possible to avoid injury. However, if you believe your baby was injured at birth due to a doctor’s or nurse’s carelessness, then you should contact the Miami birth injury attorneys at the office of Alan Goldfarb, P.A. We can discuss the circumstances of your child’s birth and guide you through the medical malpractice claim process. Please contact us today at 866-936-9761 to discuss how we can help you.