During a difficult birth, a baby can suffer injuries that are unpreventable. However, some injuries could have been prevented, if only the healthcare professionals involved had taken proper precautions and adequately monitored the situation.
At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we help people who are struggling with the consequences of birth injuries that occurred because of medical negligence. We have extensive experience handling these cases and a long track record of success, winning results for our valued clients.
Explore your family’s options with our dedicated New York shoulder dystocia attorneys. Call (212) 684-1880 or send us a message today.
While shoulder dystocia is often unpredictable, certain risk factors can increase the likelihood of this complication. These include:
Maternal Factors
Fetal Factors
While shoulder dystocia can be unpredictable, recognizing risk factors allows healthcare providers to take preventive measures, such as closer monitoring during labor, considering early induction, or opting for a cesarean section in high-risk cases. Proper planning and prompt intervention can help reduce the risk of severe complications for both mother and baby.
At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we handle a wide range of birth injury cases, including those resulting from shoulder dystocia. Dystocia is an abnormally difficult or slow childbirth. Shoulder dystocia is a particular type of dystocia in which the nerves of the baby’s shoulder, the brachial plexus, are damaged during childbirth.
Shoulder dystocia can result in serious harm to both mother and child, including:
If properly handled, a child can survive shoulder dystocia with little or no complications. However, in some instances, medical negligence can play a role in which the child must face a lifetime of serious complications. Our attorneys will carefully investigate every aspect of your case to determine whether or not medical negligence played a role in your child’s condition. We have the skill and experience to pursue monetary compensation for the financial hardships you and your child face.
Medical negligence often plays a significant role in causing or worsening shoulder dystocia injuries during childbirth. When healthcare providers fail to act according to accepted standards of care, the risk of serious injuries, such as Erb’s Palsy, fractures, or even permanent nerve damage, increases.
Here’s how medical negligence can lead to shoulder dystocia-related injuries:
As noted above, if a doctor fails to recognize risk factors for shoulder dystocia, such as gestational diabetes, fetal macrosomia, or a history of previous shoulder dystocia, they may not take necessary precautions, like planning for a C-section or preparing for potential complications during delivery.
In addition, failing to properly monitor the baby’s size and position, especially in cases of prolonged or difficult labor, can result in an inability to anticipate and prepare for this complication.
When shoulder dystocia occurs, doctors must use specific, gentle maneuvers to deliver the baby safely. Applying excessive force or improper traction can overstretch the baby’s brachial plexus nerves, leading to injuries like Erb’s Palsy.
Doctors are trained to use special techniques to relieve shoulder dystocia. A delay in using these maneuvers or misapplying them can result in nerve damage, fractures, or asphyxia (lack of oxygen).
If delivery tools are misused or with excessive force, they can place additional pressure on the baby’s head and shoulders, increasing the risk of nerve injury or fractures during shoulder dystocia.
Inexperienced or inadequately trained healthcare providers may not know how to handle shoulder dystocia safely. It may lead to panicked or overly aggressive maneuvers that harm the baby.
Hospitals and healthcare providers are expected to follow protocols when complications arise. Deviating from established guidelines often results in preventable injuries.
Families affected by shoulder dystocia injuries due to medical negligence may be entitled to compensation for medical expenses, ongoing therapy, pain and suffering, and future care needs.
Proving negligence involves demonstrating that the healthcare provider failed to meet an accepted standard of care, which directly led to the baby’s injuries.
Some cases of shoulder dystocia can be severe. In other cases, children may recover completely with proper treatment.
Long-term effects, occurring in moderate to severe cases, can include the following:
Damage to the upper brachial plexus nerves can cause partial or complete paralysis of the shoulder and upper arm. If nerve damage is severe, it can result in weakness, limited range of motion, or permanent loss of function.
In severe cases, such as nerve ruptures or avulsions (where nerves are torn from the spinal cord), the injury may be irreversible, leading to lifelong impairment.
Children with nerve damage may experience limited mobility in the affected arm, shoulder, or hand, impacting their ability to perform everyday tasks, participate in sports, or engage in physical activities as they grow. In addition, muscles in the affected arm can weaken and shrink over time, resulting in asymmetry between the limbs.
Some children may suffer from chronic pain due to nerve damage, muscle weakness, or joint problems. This pain can persist into adulthood and may require ongoing pain management.
Severe or untreated brachial plexus injuries can lead to bone and joint deformities, such as shoulder dislocation or abnormal arm positioning, affecting overall arm function and appearance.
Children who experience physical limitations or visible differences in arm function may struggle with self-esteem, particularly as they reach school age and adolescence.
Families may also experience emotional distress as they cope with the long-term effects of their child’s condition, including concerns about their child’s future independence and quality of life.
Infants and children with brachial plexus injuries may face developmental delays in motor skills, as they may have difficulty learning to crawl, walk, or use their hands effectively.
Some children may require multiple surgeries, ongoing physical therapy, occupational therapy, and rehabilitation to improve function and manage pain. This can involve significant time and financial resources, increasing the family’s burden.
While some babies may recover fully with proper treatment, others may experience lasting physical and emotional consequences. The extent of these long-term effects largely depends on the severity of the injury and the promptness of medical intervention.
If your child has suffered due to shoulder dystocia then it may be time to speak with a legal counselor. Our compassionate team is ready to listen to your family’s story and, if necessary, start diligently pursuing the relief it deserves.
Take the first step and request an initial case evaluation with our team today.
