Shoulder dystocia is an emergency birth complication that requires immediate action on the part of the medical team to prevent serious harm to infant or mother. If a health care professional does not react correctly or appropriately to a case of shoulder dystocia, this could serve as grounds for a medical malpractice claim in Minneapolis.
The birth injury attorneys at Goldenberg Lauricella, PLLC are passionate about advocating for families in Minnesota who are injured by medical negligence. We are here to seek justice for you and your child, and to give you as much peace of mind as we can throughout the legal process. To find out how we can help you, contact our Minneapolis shoulder dystocia lawyer to schedule your free consultation.
Why Hire Goldenberg Lauricella, PLLC?
- We are a highly experienced and reputable team of medical malpractice lawyers that has been committed to seeking justice for clients since 1986.
- Our team has achieved life-changing results for clients in medical malpractice law – including a record $29 million birth injury verdict.
- We truly care about our clients, and you will feel this in every phase of your shoulder dystocia case. We are here for you and your family during this difficult time.
- You won’t be charged anything for our services during your shoulder dystocia case unless we win. Our law firm operates on a contingency fee basis in Minneapolis.
The Importance of Hiring a Shoulder Dystocia Lawyer
Shoulder dystocia and other birth injury cases come with complicated legal issues and medical evidence. These claims can be difficult for individuals to handle on their own. Hiring a medical malpractice lawyer can lead to an easier and more successful claim, as well as greater peace of mind during what is often a difficult time for families.
A lawyer can gather evidence to help prove medical malpractice, such as signs of improper delivery techniques or negligent failure to anticipate the risk of shoulder dystocia. A Minneapolis shoulder dystocia lawyer will fight for maximum compensation for their client, unlike an insurance company, which will try to minimize settlement value.
From negotiating with insurance claims adjusters to hiring medical experts, an experienced attorney can transform your legal experience. You and your family can focus on healing while your lawyer brings an at-fault medical provider to justice for harm caused by an improperly handled case of shoulder dystocia.
What Is Shoulder Dystocia?
Shoulder dystocia describes a childbirth complication where the infant’s shoulder gets lodged behind the mother’s pubic bone. This is an obstetric emergency that can prevent the birth of the child’s body after the head is delivered. It is a time-critical situation that requires immediate action to prevent harm to the child, including hypoxia from a lack of oxygen reaching the infant’s brain.
Is Shoulder Dystocia Preventable?
Shoulder dystocia is typically unpreventable. It is a rare birth complication that generally cannot be predicted. However, there are risk factors that increase the likelihood of this problem:
- Large infant size
- Twins
- Over-term delivery
- Small pelvis
- Previous births with shoulder dystocia
- Maternal obesity
- Gestational diabetes
- Delivery that requires the use of forceps or a vacuum
- Induced labor
With or without risk factors, the delivery team should be prepared to react promptly and properly if presented with shoulder dystocia. They should be adequately trained and prepared for all potential birth complications.
When Is Shoulder Dystocia a Sign of Medical Malpractice?
Shoulder dystocia itself is typically not indicative of medical malpractice; it’s how the doctor handles this birth complication that matters. An unprepared, untrained or negligent doctor can fail to adhere to the standards of care required when dealing with this serious issue, potentially causing injury to mother and baby.
If, however, there were clear indicators that shoulder dystocia or other such birth complications were a possibility based on the circumstances, such as the size of the infant or the mother’s medical history, failing to recommend a C-section could be grounds for a medical malpractice claim. Discuss your specific circumstances with our attorneys to learn whether your case has merit.
Once a shoulder dystocia situation presents itself, a doctor must react immediately to resolve the issue and deliver the baby without delay. Acceptable remedies include moving the mother into different positions to help widen the pelvis and moving the infant to try to dislodge the shoulders. If the physician or nurse handles the situation without proper care, it is medical negligence.
The Elements of a Shoulder Dystocia Lawsuit in Minnesota
If you wish to recover financial compensation for injuries to yourself and/or your child after an incident involving shoulder dystocia during your labor, you will need to provide evidence of the required elements of a medical malpractice claim.
They are:
- Duty of care: the individual or facility named as the defendant in your case must have owed you a duty of care as your professional health care provider.
- Breach of duty: the defendant failed to act in a way that a reasonably competent physician in the same field would have under the same or similar circumstances.
- Causation: the defendant’s breach of the standard of care directly caused the injury or harm you or your child suffered.
- Damages: you or your child suffered actual damages due to the act of malpractice, such as physical injuries and medical expenses.
You or your birth injury attorney in Minneapolis will need to provide enough evidence to meet the burden of proof, which is “more likely to be true than not.” Our attorneys can help you gather compelling evidence to support your shoulder dystocia claim.
Potential Injuries From a Case of Shoulder Dystocia
Shoulder dystocia and a physician’s negligent failure to address the issue in the correct manner can lead to a wide range of injuries. Possibilities include:
- Injuries to the brachial plexus, or the bundle of nerves in the shoulder
- Erb’s palsy (weakness in the arm or shoulder)
- Klumpke’s palsy (weakness in the lower arm or hand)
- Collarbone fractures
- Upper arm fractures
- Vacuum extraction injuries
- Forceps-related injuries
- Hypoxia and traumatic brain injuries
- Cerebral palsy from oxygen deprivation
- Fetal death
In the mother, a poorly handled case of shoulder dystocia can inflict harm such as postpartum hemorrhage, severe perineal tears and pelvic injuries.
Contact Us for a Free Review of Your Minneapolis Shoulder Dystocia Case
If you recently suffered through a traumatic birth that involved shoulder dystocia and resulted in harm to you or your baby, contact us without delay to discuss a potential medical malpractice claim in Minneapolis.
We will listen to your birth story and use our decades of experience in the field to explain your legal rights and potential recovery options. You and your family may be eligible for compensation for related losses.
Schedule a free case evaluation at Goldenberg Lauricella, PLLC today when you call (612) 333-4662 to find out how we’ll fight for you.