A shoulder dystocia emergency is one of the most frightening events that can occur in a delivery room. In a matter of seconds, a routine birth becomes a crisis as the baby’s shoulder gets stuck behind the mother’s pubic bone. When this happens, a child is at risk for devastating, lifelong injuries.
It’s crucial to consult a shoulder dystocia lawyer if you have concerns about your delivery experience.
Engaging a shoulder dystocia lawyer can help you navigate the aftermath of this traumatic event.
Our shoulder dystocia lawyer team understands the intricacies involved in these cases.
After such a traumatic event, you may be told by your doctor that the resulting injury was an “unavoidable complication” of a difficult birth. But this is often not the whole story. While the emergency itself may be unavoidable, the injury is frequently caused by a doctor’s improper and negligent response. An experienced shoulder dystocia lawyer can help you understand the difference.
If you believe the medical team’s response was negligent, consult a shoulder dystocia lawyer.
At CP Family Help, we have extensive experience investigating the complex events surrounding a shoulder dystocia delivery. Our legal team can cut through the medical jargon and uncover the truth about whether your child’s injury should have been prevented.
A skilled shoulder dystocia lawyer will help you understand these risks.
Consulting a shoulder dystocia lawyer can clarify your rights and options.
What is Shoulder Dystocia and Why is it an Emergency?
Your shoulder dystocia lawyer can guide you on how to proceed legally.
Knowing when to involve a shoulder dystocia lawyer is vital for your case.
Having a shoulder dystocia lawyer on your side can make a significant difference.
It’s essential to have a knowledgeable shoulder dystocia lawyer represent you.
Your shoulder dystocia lawyer can outline potential outcomes for your case.
Ensuring proper care is discussed with a shoulder dystocia lawyer is critical.
Shoulder dystocia occurs when, after the baby’s head has been delivered, one of the shoulders becomes lodged against the mother’s pelvic bone, preventing the rest of the body from being born. This is a true obstetric emergency for two main reasons:
- Risk of Oxygen Deprivation: The umbilical cord can become compressed between the baby’s body and the birth canal, cutting off the supply of oxygen and blood to the brain. This can quickly lead to Hypoxic-Ischemic Encephalopathy (HIE) and permanent brain damage like Cerebral Palsy.
- Risk of Physical Injury: If the doctor panics and uses improper techniques to dislodge the shoulder, they can cause direct physical trauma to the baby, most commonly a brachial plexus injury like Erb’s Palsy.
A shoulder dystocia lawyer investigates not only the cause of the emergency but, more importantly, the medical team’s response to it.
3 Things Your Lawyer Will Explain About Shoulder Dystocia
When you consult with a birth injury lawyer, they will provide crucial insights that your medical team may not have shared. Here are three key things a lawyer will explain about your shoulder dystocia case.
1. The Emergency Itself Is Not Usually the Malpractice
This is the most important legal distinction to understand. An experienced lawyer will explain that the occurrence of shoulder dystocia is not automatically a sign of negligence. It is a known complication of childbirth that can happen even with excellent medical care. A lawsuit is generally not based on the fact that the shoulder became stuck. While there are some exceptions such as a failure to anticipate the risk in a mother with uncontrolled diabetes or a baby known to be very large (fetal macrosomia) the focus of the legal case is almost always on what happened after the emergency was diagnosed.
Many clients find solace in speaking with a shoulder dystocia lawyer about their concerns.
You should consult a shoulder dystocia lawyer for a thorough evaluation of your case.
Discussing your case with a shoulder dystocia lawyer will help clarify your options.
It can be beneficial to have a shoulder dystocia lawyer present during consultations.
2. The Doctor’s Response to the Emergency Is What Forms the Basis of a Lawsuit
A lawyer will explain that there is a clear, established standard of care for managing shoulder dystocia. There are specific, safe maneuvers (often remembered by the acronym HELPERR) that are designed to free the shoulder without injuring the baby. These include:
Contact our shoulder dystocia lawyer today to get started on your case.
- McRoberts Maneuver: Flexing the mother’s thighs up onto her abdomen to open the pelvis.
- Suprapubic Pressure: Applying pressure to the area above the mother’s pubic bone to help dislodge the baby’s shoulder.
Malpractice occurs when a doctor abandons these safe procedures and resorts to dangerous, unapproved actions. The most common forms of negligence a shoulder dystocia lawyer looks for are:
- Applying Excessive Traction: Pulling and twisting the baby’s head in a panic. This is the primary cause of brachial plexus nerve injuries.
- Applying Fundal Pressure: Having a nurse push on the top of the mother’s uterus. This is a dangerous and prohibited maneuver that can worsen the impaction and injure the baby.
3. The Injury Itself Is Often Proof of Improper Force
A lawyer will explain that your child’s injury tells a story. The brachial plexus nerves, which run from the neck down the arm, are strong and resilient. They do not tear or get damaged during a routine delivery. The presence of a severe brachial plexus injury like Erb’s Palsy is powerful physical evidence that the baby’s head and neck were pulled laterally with extreme and inappropriate force.
In other words, the injury itself proves that the standard of care was breached. Even if the medical records are vague, a medical expert can testify that an injury of that severity could only be caused by a doctor pulling improperly, not by the natural forces of labor.
Frequently Asked Questions (FAQ)
We understand you have many questions after such a traumatic event. Here are some answers to common concerns.
My doctor said they had to act quickly to save my baby’s life. How can that be negligence?
Acting quickly is essential, but acting improperly is not. The standard of care requires a doctor to act quickly by using the correct, safe maneuvers. A doctor does not have to choose between saving a baby’s life and causing a permanent arm injury. The approved procedures are designed to accomplish both. Choosing a dangerous, prohibited action out of panic is negligence.
What are the risk factors for shoulder dystocia my doctor should have known about?
While it can be unpredictable, there are known risk factors that should put a doctor on high alert. These include a baby estimated to be very large (fetal macrosomia), maternal diabetes (gestational or pre-existing), a history of a prior shoulder dystocia, and a prolonged second stage of labor. A failure to recognize and plan for these risks can be part of a negligence claim.
What are the risk factors for shoulder dystocia my doctor should have known about?
There are no upfront costs to you. Our firm works on a contingency fee basis. We fund the entire investigation and legal process from our own resources. We are only paid a percentage of the compensation we successfully secure for your family. If we do not win your case, you owe us nothing at all.
Speak With an Experienced Shoulder Dystocia Lawyer Today
If your child suffered a brachial plexus injury, brain damage, or other serious harm following a shoulder dystocia emergency, you deserve to know what truly happened in that delivery room.
The legal team at CP Family Help is here to provide the answers and support you need. We have the expertise to dissect complex delivery records and the passion to fight for children who have been wrongfully injured. Contact us today for a free, confidential case evaluation.
