A birth injury is a type of injury that is suffered by a baby during labor or delivery. While childbirth is a natural occurrence, it is also a very complicated process. There are a number of things that could wrong resulting in the baby suffering a serious birth injury such as cerebral palsy or another type of brain injury. Other complications can lead to a neck, back or spinal cord injury. One complication that sometimes occurs during a vaginal delivery is shoulder dystocia. Shoulder dystocia occurs when the baby's shoulders get stuck inside the mother's body. When shoulder dystocia occurs both the mother and the baby are at risk for a serious personal injury. While it is not always possible to predict that shoulder dystocia may occur, when it does occur the medical staff must take proper steps to prevent the mother or baby from suffering devastating injuries. In the same way that a victim of a car accident or some other type of serious accident can seek damages from the person who caused the accident, New York law allows victims of negligent medical professionals to seek damages as well. If you or your baby suffered a serious injury due to the medical staff’s negligent management of shoulder dystocia, it is important that you immediately contact an experienced Bronx Shoulder Dystocia Injury Lawyer who will explain to you your legal rights to pursue compensation through a medical malpractice lawsuit.
What is Shoulder Dystocia?Shoulder dystocia occurs when during a vaginal birth one or both of the baby’s shoulders gets wedged behind the mother’s pelvic bone.
What are the Risk Factors of Shoulder Dystocia?While there are certain risk factors of shoulder dystocia, shoulder dystocia can also occur in cases where no risk factors are present. Shoulder dystocia is more likely to occur when any of the following risk factors are present:
Understanding and identifying the risk factors for shoulder dystocia are important to preventing it. For example, if the medical staff knows that the baby is likely to have a high birth weight, then a medical staff is more likely to consider a cesarean delivery because of possible complications such as shoulder dystocia.
If Shoulder Dystocia Occurs, What are the Likely Results?If shoulder dystocia does occur, the baby is at risk for a number of serious injuries including contusions, lacerations, clavicle fracture, fetal asphyxia, and brachial plexus injury. Furthermore, the mother is at risk for uterine rupture, lacerations, and hemorrhaging. In order to minimize the possibility of serious injuries from shoulder dystocia, the doctor must manage the condition with skill and care.
Pursuing CompensationMedical malpractice occurs when a medical professional fails to take reasonable care and as a result the patient suffers an injury. Thus, if a medical professional’s negligent response to shoulder dystocia or shoulder dystocia risk factors resulted in you or your baby suffering injuries, New York law allows you to hold that medical professional legally and financially liable.
The types of compensation that you may receive include medical expenses. The negligent party may be required to compensate you for your medical bills and your baby’s medical bills related to the injuries suffered because of the medical mistake. If as a result of your injury you end up missing a work, your damages could include compensation for the income you lost. The court may also award damages based on the physical and mental anguish you experienced from your injuries and recovery.
It is important to note that your obstetrician may not be the only negligent person. In cases of medical malpractice possible defendants also include: the hospital or facility where the delivery occurred, nurses, obstetrician, pediatrician, midwife, aides and technicians.
Bronx Shoulder Dystocia Injury LawyerIf you suspect that you or your baby was injured because a medical professional mismanaged your baby’s shoulder dystocia, do not hesitate to immediately contact an experienced birth injury attorney. The staff at Stephen Bilkis and Associates is experienced in successfully representing clients who have suffered injuries due to mistakes made by obstetricians, gynecologists, pediatricians, and other medical professionals. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.