Shoulder dystocia occurs when one or both of a baby’s shoulders get stuck in their mother’s pelvis during delivery. If the obstetrician or other medical professional assisting with the birth does not take swift action to correct the issue, the mother and/or child may experience dangerous complications. Some babies who experience shoulder dystocia at birth have physical impairments for the rest of their lives.
If you believe a medical provider failed to diagnose or treat your child’s shoulder dystocia properly, a Florida medical malpractice lawyer can evaluate your case and help you file a claim for compensation.
What Compensation is Available for Shoulder Dystocia in a Florida Malpractice Case?
If you or your baby suffered complications due to shoulder dystocia, a Florida birth injury lawyer can help you gather evidence to prove negligence and seek damages. The amount of compensation you deserve will depend on the severity of your and your child’s injuries and the extent of your resulting losses, but in general, you may be able to claim:
Economic Damages
You may deserve a monetary award covering all the financial expenses you incurred due to you or your child’s injury, such as:
- Past, current, and future medical bills
- Physical and occupational therapy
- Assistive devices and medications, if necessary
- Lost wages, if you had to miss work to recover or care for your child
Non-Economic Damages
Non-economic damages compensate you for the non-financial ways your child’s shoulder dystocia has affected your family, such as:
- Physical pain and suffering
- Mental and emotional harm
- Permanent disability and/or disfigurement
Wrongful Death Damages
Although rare, shoulder dystocia can cause fetuses to suffer prolonged oxygen deprivation that results in death. If you lost your baby due to a medical professional’s negligence, a Florida wrongful death lawyer can help your family fight for damages such as:
- Medical costs
- Funeral and burial expenses
- Emotional pain and suffering
Risk Factors, Solutions, and Possible Complications Associated With Shoulder Dystocia
According to the Cleveland Clinic, shoulder dystocia is rare, and it’s impossible to predict when a baby’s shoulders will get stuck during delivery in most cases. However, doctors should be aware of any conditions that may make it more likely to happen, such as mothers who:
- Are diabetic
- Are over age 35
- Are overweight
- Are short in stature
- Have experienced shoulder dystocia in a prior pregnancy
- Are carrying a baby weighing more than 8 pounds, 13 ounces or multiple babies (twins, triplets, etc.)
- Have an unusual pelvic structure
- Experience a prolonged pregnancy (past their due date) or delivery
If you fit one or more of these conditions, your doctor should take extra precautions and monitor the fetus for possible shoulder dystocia during delivery.
If shoulder dystocia does occur, the obstetrician must take swift action to fix the problem. Possible solutions may include:
- Delivering the baby via C-section
- Repositioning the baby
- Enlarging the mother’s pelvic opening with an incision
- Breaking the baby’s collarbone to release their shoulders, in extreme cases
The doctor should try several possible interventions rapidly until they find one that works, while protecting the mother and child from preventable injuries as much as possible. However, complications can result for the mother in some cases, such as:
- Hemorrhaging
- Tearing of the perineum
- Uterine rupture
- Dislocation or separation of the pubic bones
The baby may also experience complications, such as:
- Collarbone or arm fractures
- Erb’s palsy or other brachial plexus injuries, potentially leading to weakness or paralysis in the shoulder, arm, and hand
- Horner Syndrome, which causes nerve damage to the eyes and face, according to theMayo Clinic
- Lack of oxygen and blood flow caused by a compressed umbilical cord, which can cause cerebral palsy
Many babies recover completely from the complications of shoulder dystocia within a few months of their birth. However, others may experience permanent impairments, requiring long-term medical care and lifestyle adjustments. The severity and duration of the harm you and your child experienced will affect the amount of compensation you can recover in a medical malpractice claim.
Does Your Child’s Shoulder Dystocia Qualify For A Medical Malpractice Claim?
Your child experiencing shoulder dystocia during delivery does not automatically qualify you to receive compensation in a medical malpractice claim. To seek compensation on your behalf, your Florida personal injury lawyer must be able to prove the four legal elements of negligence (duty of care, breach of duty, causation, and damages). In other words, you must have received inadequate medical care during your child’s delivery, and you and/or your child must have suffered harm as a result.
Examples of possible situations that may qualify as medical malpractice include:
- Your doctor failed to address your medical and personal history, which may show signs that shoulder dystocia was more likely to occur during delivery, and they were unprepared for the possibility.
- Your doctor did not diagnose the shoulder dystocia promptly, resulting in complications.
- Your doctor recognized the signs of shoulder dystocia but failed to intervene quickly or used inappropriate intervention methods.
- Your doctor used excessive force when delivering the baby.
This list is not exhaustive. If you believe your doctor (or another negligent party) made a mistake that harmed you or your child, a Florida medical negligence attorney can review your case to determine whether they violated the standard of care and explain whether you qualify to recover compensation.
Who is Responsible for Shoulder Dystocia Complications?
Various healthcare professionals could be liable for your damages, such as:
- An obstetrician or other physician
- A midwife or doula
- A nurse
- A hospital or other medical facility
Before filing a lawsuit against the liable party, you must obtain an “Affidavit of Merit” from a medical professional who confirms the care you received did not meet an appropriate standard. Your Florida medical malpractice attorney can help you find a qualified medical professional to create this document.
Let Our Florida Birth Injury Attorneys Help You Today
At Anidjar & Levine, we want to help you seek the compensation you deserve for shoulder dystocia in a Florida malpractice case. We can handle the entire legal process for you while you care for your child. We can even come to you at home or the hospital for your convenience.
PerFlorida Statutes § 95.11, you generally only have two years to file a medical malpractice lawsuit in Florida. However, the circumstances of your child’s claim may allow you to receive an extension. We recommend contacting us as soon as possible so we can gather time-sensitive evidence, interview witnesses, and obtain your affidavit of merit. Contact Anidjar & Levine today for a free, no-obligation consultation.
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