SHOULDER DYSTOCIA AND MEDICAL MALPRACTICE
Shoulder dystocia which may be as a result of medical malpractice is often unpredictable, requires immediate medical intervention and can result in injury to the child. This situation is fraught with danger and is a medical emergency even for a skilled midwife or doctor. The problem occurs when the baby's shoulder gets trapped behind the mother's pelvic bone which can result in injury. It becomes apparent after the baby's head has emerged from the vagina and the shoulders fail to follow easily on their own or with the mother's pushing, or with gentle assistance from the midwife or doctor. The Greek word ‘dystocia’ literally means "not moving", and refers to the shoulders which are are stuck. The injuries can range from mild to serious and from temporary to permanent and may include Erbs Palsy, damage to the brachial plexus nerves and fractures of the arm or clavicle.
Accepted medical protocol exists to relieve the problem and may include :-
- changing the position of the baby by manoeuvres
- repositioning the mother
- deliberately breaking the baby's clavicle bone
- emergency caesarean section
- deliberately breaking the mother's pelvic bone
- deep episiotomy
- traction in a horizontal plane to avoid damaging the brachial plexus;
- McRobert's manoeuvre
- pressure over the pubic area
Risk factors for shoulder dystocia include :-
- mothers diabetes
- large baby
- maternal obesity
- short maternal stature
- gestation over 40 weeks
- contracted or flat pelvis
- protracted first stage of labor
- maternal weight increases by more than 35 lbs
- prolonged second stage of labor
- history of large babies
- history of similar previous problems
- 8 years or more since the mother's last labor
To prove shoulder dystocia medical malpractice it is necessary to establish :-
Causation of Injury:
It is must be shown that the negligence of the doctor caused or materially contributed to the injuries.
Duty of Care:
A duty of care must be established and the relationship that exists between a doctor and a patient is usually sufficient.
Breach of Duty of Care:
To establish that a breach of the duty has occurred it must be shown that whatever the doctor did or did not do fell below the standard of a competent medical practitioner.
Our specialist personal injury lawyers have a client centred approach and will provide committed and vigorous representation. You can rely on our specialist advocates to take care of your child's shoulder dystocia settlement in a comprehensive, helpful, sympathetic and professional manner. Our service is completely free and our lawyers will deal with your case using a contingency fee arrangement. If your child doesn't succeed in receiving a settlement then your lawyer won't get paid. Our lawyers will respect your confidentiality at all times and will explain legal issues clearly and without jargon. Your calls will be answered promptly and faxes, e-mails and letters will, where possible be dealt with on the same day as they are received. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury.
If your child's injury resulted from medical malpractice, we can help you assert your legal right to compensation. If you would like free advice then just complete the contact form and an experienced member of The Association of Trial Lawyers of America will contact you by telephone to discuss your claim at no cost and with no obligation.
|
