(845) 802-0047Shoulder dystocia is one of the most common birth complications, occurring when one or both of the baby’s shoulders get stuck during vaginal delivery. Severe injuries like nerve damage to the baby can occur as a result.
When shoulder dystocia happens, the actions your doctor decides to take are of great significance. A physician must take careful action to avoid injury to the baby, because both the mother and child could be injured when they fail to do so. When you or your baby sustain injury as a result of your doctor’s negligence, you have the right to consult an experienced birth injury attorney and file a medical malpractice lawsuit. Contacting a Poughkeepsie shoulder dystocia lawyer is the first step you should take to file a case.
Risk Factors and Injuries
The resulting injuries of shoulder dystocia are largely affected by the treating physician’s choices. Some examples of negligence include failure to properly perform a C-section, using too much force to assist during the delivery, or failing to use the right maneuvers during the birthing process. The baby’s injuries can include nerve damage, total body paralysis, loss of mobility in their arm, and brain damage if they are in the birth canal too long.
There are certain risk factors for shoulder dystocia that a doctor should notice, including obesity, diabetes, giving birth at an older age, or previous shoulder dystocia. When a doctor notices these details, they can take appropriate measures to watch the health and position of the baby during the later stages of pregnancy and the birthing process. Doctors who fail to uphold the appropriate “standard of care” can be found liable for medical malpractice. A Poughkeepsie attorney could analyze the doctor’s actions in a shoulder dystocia case to determine if they met the “standard of care.”
Liability for Damages
Families whose child experiences shoulder dystocia during birth often face high medical bills for expenses like recurring visits to specialists, rehabilitation, corrective surgeries, home healthcare services, or assistive medical equipment, which can be long-term and build up with time. Damages can be economic or non-economic. Economic damages can include costs like all required surgeries, medical equipment, and loss of wages. Non-economic damages can include things like emotional damage, pain and suffering, or a decrease in quality of life.
Multiple parties could be held liable in a shoulder dystocia case, including the doctor or midwife delivering the baby, the medical professional who failed to detect risk factors prior to delivery, the hospital where the baby was delivered, or manufacturers of faulty birthing equipment. All medical professionals have a duty to their patients, and when they fail to uphold the requisite “standard of care,” they can be found negligent. A lawyer in Poughkeepsie who is familiar with shoulder dystocia cases could determine if a negligence claim is viable.
Call a Poughkeepsie Attorney to Discuss Your Shoulder Dystocia Case
You deserve to have the guidance of an empathetic and knowledgeable Poughkeepsie shoulder dystocia lawyer on your side. Dealing with the effects of a traumatic delivery can be a lot on your own. It is important to work with an attorney who knows exactly what evidence to collect and who to talk to in order to build the strongest case possible. Call our office today to schedule a consultation about your claim.