Addressing a shoulder dystocia incident during childbirth can be challenging. This injury can cause great harm to your baby and the mother. If your doctor didn’t detect shoulder dystocia in time, you may have grounds for a lawsuit. Our Florida shoulder dystocia lawyers can confirm it.
At The Law Offices of Anidjar & Levine, our Florida medical malpractice lawyers have helped many people in your situation. Take back control of your life and help your baby get the care they need. Schedule a free consultation today to see what our lawyers can do for you.
Understanding Shoulder Dystocia
Shoulder dystocia arises when the baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has been delivered. The situation is critical, as it requires swift intervention to prevent harm to both the mother and the newborn.
Recognizing shoulder dystocia is vital for medical personnel, as any delay in addressing the complication can lead to severe consequences. Without immediate resolution, the baby may suffer from nerve damage, fractured bones, or a reduced oxygen supply, which can have enduring impacts.
Healthcare providers are trained to use certain techniques to safely manage the situation and minimize injury. However, this doesn’t always happen. Our Florida personal injury lawyers have seen what happens when doctors and nurses don’t detect shoulder dystocia or act outside the standards of care when it happens.
Risk Factors For Shoulder Dystocia
Several factors can increase the likelihood of shoulder dystocia occurring during childbirth. Knowing these risk factors can help you understand if your situation might have been preventable with proper medical care.
Your healthcare provider should monitor for these risk factors throughout your pregnancy and develop an appropriate birth plan to address any concerns. When they fail to do so, they may be liable for resulting injuries.
Some common risk factors include:
- Gestational diabetes, which can lead to larger-than-average babies
- Maternal obesity or excessive weight gain during pregnancy
- Previous deliveries involving shoulder dystocia
- Delivering a baby weighing more than 8 pounds, 13 ounces (macrosomia)
- Prolonged labor or abnormal labor patterns
- Use of forceps or vacuum extractors during delivery
When your medical team identifies these risk factors, they should discuss possible complications with you and develop strategies to reduce the risk of shoulder dystocia. This might include considering a cesarean section or having additional personnel present during delivery.
Common Injuries From Shoulder Dystocia
When shoulder dystocia occurs and isn’t properly managed, it can result in serious injuries to both the baby and the mother. Understanding these potential injuries can help you recognize if you or your child has been affected by medical negligence.
For babies, the most common injuries include:
- Brachial plexus injuries occur when the network of nerves controlling the arms and hands is damaged. This can result in conditions like Erb’s palsy, which causes weakness or paralysis in the affected arm. These injuries range from temporary to permanent, depending on the severity of nerve damage.
- Fractures of the clavicle (collarbone) or humerus (upper arm bone) can occur during attempts to free the baby’s shoulder. While these fractures typically heal well, they cause pain and require careful handling of the newborn.
- Oxygen deprivation may happen if delivery is significantly delayed. Even brief periods without adequate oxygen can lead to brain damage and developmental issues.
For mothers, shoulder dystocia can cause:
- Postpartum hemorrhage (excessive bleeding)
- Perineal tears or lacerations, sometimes extending to the rectum
- Uterine rupture in severe cases
- Increased risk of infection
- Bladder and urethral injuries
The physical impact of these injuries is often accompanied by emotional trauma, including anxiety, depression, and fear of future pregnancies. Many families also face significant financial burdens due to ongoing medical care, therapy, and accommodations for permanent disabilities.
Your Legal Rights After A Shoulder Dystocia Injury
Medical professionals have a duty to provide care that meets established standards. When they fail to meet this duty, whether by not recognizing risk factors, not responding appropriately to shoulder dystocia, or using improper techniques, they may be liable for resulting injuries.
A successful medical malpractice claim based on shoulder dystocia requires proving that:
- The healthcare provider had a duty to provide care according to professional standards.
- They breached this duty by failing to properly identify or respond to shoulder dystocia.
- This breach directly caused injuries to you or your baby.
- These injuries resulted in damages, such as medical expenses, pain and suffering, lost wages, or long-term disability.
Florida law limits the time you have to file a medical malpractice lawsuit, so it’s important to consult with a Florida shoulder dystocia attorney as soon as you suspect negligence played a role in your case. Waiting too long could mean losing your right to seek compensation.
How Our Shoulder Dystocia Attorneys in Florida Build Cases
Creating a strong legal case for a shoulder dystocia injury requires careful preparation and attention to detail. Our attorneys follow a methodical approach to ensure nothing is overlooked.
The first step is gathering and preserving evidence. This includes:
- Medical records from your pregnancy, labor, and delivery
- Records of all treatment for injuries related to shoulder dystocia
- Documentation of all expenses related to the injury
- Photographs of visible injuries
- Witness statements from people present during the birth
Once we have this evidence, we work with medical experts to analyze what happened and identify where healthcare providers failed to follow appropriate protocols. These experts help establish what should have happened and how the deviation from standard care led to injuries.
We then calculate the full extent of your damages, including:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Lost income and earning capacity
- Pain and suffering
- Emotional distress
- Cost of necessary accommodations or assistive devices
With this information, we can build a compelling case that demonstrates the healthcare provider’s liability and the full impact of the injuries on your family’s life.
Why Choose Our Law Firm
We have a proven track record of success in medical malpractice cases, including those involving birth injuries and shoulder dystocia. Our attorneys understand the medical details that are crucial to these cases.
Our client-centered approach means you’re always our priority. We take the time to understand your unique situation and tailor our legal strategy to meet your specific needs. You’ll always have direct access to your attorney, and we’ll keep you informed throughout the process.
Since 2005, our firm has been helping Florida families affected by medical negligence. We’ve built a reputation for integrity, compassion, and results that make a difference in our clients’ lives.
Taking The Next Step
Living with the consequences of a shoulder dystocia injury is challenging, but you don’t have to face it alone. Our legal team is ready to help you understand your options and fight for the compensation you deserve.
The first step is scheduling a free, no-obligation consultation with one of our experienced Florida shoulder dystocia lawyers. During this meeting, we’ll listen to your story, answer your questions, and provide an honest assessment of your case. We’ll explain how we can help and what you can expect from the legal process.
Don’t wait to seek the help you need. Florida law limits the time you have to file a medical malpractice claim, so it’s important to act quickly. Contact our office today to schedule your consultation and take the first step toward justice and healing for your family.
We Can Help.
