Ask any parent expecting a child, and they will tell you the only thing they want is a happy, healthy baby. Unfortunately, sometimes those dreams are shattered due to the carelessness of medical professionals. Birth injuries like shoulder dystocia can cause devastating medical complications that may impact a child for the rest of their life. Families are often traumatized and confused in the aftermath of a birth injury and may not know who to count on for compassionate advice and support.
The Santa Fe birth injury lawyers at Hunt Law Firm understand the complex emotions you and your family are grappling with following a birth injury diagnosis of shoulder dystocia. Our legal team can determine whether medical negligence played a role in your baby’s injury and how much compensation you may recover for your child’s injuries.
Contact our Northern New Mexico firm today to schedule an initial consultation. We can discuss your situation and explore your legal options for pursuing compensation and justice.
What Is Shoulder Dystocia?
Shoulder dystocia is a medical condition that occurs when an infant’s shoulders become stuck inside a woman’s pelvis during vaginal childbirth. Often, the baby’s head is delivered normally, but the shoulders become stuck, trapping the baby in the birth canal. Shoulder dystocia can be a serious birthing complication that requires immediate identification and medical intervention.
Without immediate treatment, shoulder dystocia can lead to significant birth injuries such as brachial plexus injuries, Erb’s palsy, broken bones, and asphyxia. The mother can also experience substantial medical complications when the condition is missed, including hemorrhaging, tearing of the perineum, rectovaginal fistula, separation of the pubic bones, and uterine rupture.
Since the condition occurs during birth, there are rarely signs that a shoulder dystocia birth is imminent. However, certain risk factors can potentially increase the odds of shoulder dystocia, such as the baby being in the wrong birthing position, a small pelvic opening, fetal macrosomia, or infants who weigh more than 8 pounds, 13 ounces at birth.
Signs of Shoulder Dystocia in Infants
The signs of shoulder dystocia itself include:
- The mother has delivered the baby’s head, but cannot push the shoulders through the birth canal
- At least one minute has elapsed since pushing the baby’s head out, and the body has not emerged
- The baby requires immediate medical intervention to be delivered successfully
When signs of shoulder dystocia are apparent, a reasonably trained medical professional can evaluate the situation and decide whether an episiotomy or cesarean section is the best option to deliver the baby without causing significant medical complications to the mother or child. Suprapubic pressure and internal rotation maneuvers may also aid in positioning the infant for a successful delivery.
Substandard medical care can lead to delayed treatment and cause significant medical complications, including:
- Brachial plexus injuries – Damage to the nerves that run from the baby’s spinal cord to the neck and arm.
- Erb’s palsy – A separate condition that also involves brachial plexus injuries. Erb’s palsy involves nerve damage in the upper nerves in the plexus and can contribute to partial or complete loss of muscle function.
- Horner’s syndrome – A rare medical disorder that affects nerves in the face that control sweating and the dilation and contraction of the pupils.
- Broken bones – Most fractures caused by shoulder dystocia affect the clavicle and upper arm bones, like the humerus.
- Umbilical cord injuries – The umbilical cord connects the mother to the baby and provides the infant with oxygen and nutrients as it develops. Shoulder dystocia can compress the umbilical cord during birth, cutting off oxygen and blood flow to the baby, leading to asphyxiation or brain damage.
How Medical Negligence Can Cause Birth Injuries and Shoulder Dystocia
Shoulder dystocia is a serious medical complication that requires immediate medical intervention to protect the mother and child. Medical practitioners who provide a substandard level of medical care during the labor and delivery process can cause devastating birth injuries. Medical negligence that can lead to shoulder dystocia and birth injuries includes:
- Failure to monitor the mother during labor and delivery
- Failure to diagnose or treat an infant in the wrong or abnormal birthing position
- Failure to react to signs of fetal distress during delivery
- Failure to recognize or diagnose shoulder dystocia during delivery
- Failure to perform a cesarean section or other emergency treatment when necessary
- Delaying a C-section or other medical intervention for too long
Medical malpractice and birth injury claims hinge on specific legal questions, such as whether a similarly trained professional would offer the same standard of care under the same circumstances. When the answer to that question is no, medical negligence may be at the heart of your child’s birth injury, giving you legal options for holding the careless practitioner accountable for their actions and allowing you to pursue compensation for your and your child’s injuries.
Compensation Available in Shoulder Dystocia Injury Case
Shoulder dystocia birth injury cases are complex and fact-specific. The value of these claims varies on a case-by-case basis depending on the circumstances of your unique situation. Typically, an individual may pursue compensation for these losses:
- Current and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
In rare instances where a medical professional acted with harmful intent or the behavior was egregious, the court can also award punitive damages. These do not cover the patient’s injuries. Instead, punitive damages are awarded to the victim and are intended to serve as a financial punishment against the at-fault party.
Contact a Birth Injury Attorney for Help
The experienced birth injury team at Hunt Law Firm takes pride in standing up for those who cannot speak for themselves. During this challenging and emotional time, we want to advocate for you and your child, handling all legal aspects of your case so you can focus on the well-being of your family. Doctors and medical facilities may attempt to deny liability or offer you as little compensation as possible to make their problem go away. We will work to hold them accountable, pursuing the money your child deserves.
Contact our Santa Fe office today to request a confidential consultation where we can discuss your situation.