Should Dystocia, Birth Injuries, and your Legal Rights

Childbirth should be a beautiful and profound experience for two new parents, but sometimes, medical complications arise that cause fear and tragedy during the birthing process. There are many different ways a vaginal childbirth can be complicated, from natural and undetectable complications, to medical negligence. If your child was born with some form of birth defect or injury, it is important to be able to tell the difference between a force of nature and an avoidable medical error. Shoulder Dystocia; What is It?
Shoulder dystocia is a fetal emergency in which an infant’s anterior shoulder becomes caught behind it’s mother’s pelvic bone. There are many risks associated with shoulder dystocia, which is why doctors must act quickly and efficiently when this complication arises. Shoulder dystocia, in itself, simply means a troublesome birth dealing with shoulder complications. Shoulder dystocia has various warning signs and definite risk factors, but is reasonably difficult to predict. Risk factors include high birth weight, mate al obesity, and diabetes, but the presence of these factors does not solidify the occurrence of shoulder dystocia. These signs, however, should drive a doctor to suggest a C-section to avoid the complications that could arise from a possible shoulder dystocia. If, for some reason, these signs are misread, or parents want to continue with vaginal childbirth, doctors are equipped with varying techniques and maneuvers that can be used to safely extract the child from the womb. How Do Doctors Manage Shoulder Dystocia?
A common treatment mnemonic device is ALARMER. The steps are in order from least to most invasive to reduce the level of harm to the mother should the infant be delivered with one of the earlier maneuvers. Each letter in ALARMER stands for a technique used in a shoulder dystocic delivery.

Ask for assistance

Leg hyperflexion

Anterior Shoulder Disimpaction

Rubin Maneuver

Manual delivery of posterior arm

Episiotomy

Roll over on all fours

Sometimes, doctors act fail to follow these basic safety rules and do not immediately take advantage of the maneuvers developed to safely deliver a baby in the midst of shoulder dystocia. This failure to follow the basic safety rules during child birth is negligence. For example, some doctors have used excessive force, pulling on the infant carelessly in an effort to remove it from the birth canal. This excessive use of force can cause a brachial plexus injury, resulting in Klumpke Paralysis or Erb’s Palsy. These types of paralysis occur when nerve roots are torn out of the neonatal spinal column. Erb’s Palsy is paralysis of the arm, and Klumpke Paralysis is paralysis of the forearm and hand. Sadly, this birth injury will affect a child for the rest of his or her life. While some doctors act too quickly or forcefully, some doctors wait too long or fail to be pro-active in the delivery room. Waiting or taking too long to remove the infant from the birth canal could result in permanent brain damage or death, as the risk of fetal hypoxia is greater. Often, the umbilical cord becomes compressed while the infant is, in essence, trapped within the birth canal. This compression causes oxygen deprivation, which in turn can causes permanent brain damage. Failing to follow the basic rules of safety outlined above for preventing injuries associated with shoulder dystocia is medical negligence and has the potential to cause permanent damage. Often, this damage is the catalyst for a lifetime of expensive, supplemental care. When this happens, it’s time for a lawyer to become involved and to answer question about your legal rights. If medical negligence is the cause of your child’s permanent disability, you may be entitled to compensation for the costs of medical treatment now required for the remainder of your child’s life. My Child Suffers From a Birth Injury, What Can I Do?
If your child now suffers from a birth injury, you probably have many questions regarding your legal rights and what you are or are not entitled to. The additional medical care required to sustain a good quality of life for your child will come at a high cost, and you may be entitled to compensation for those costs. Contact the Mininno Law Office. Even if you only have questions, we will be happy to take the time to answer them. Visit the Mininno Law Office website to learn how you can fill out a free case evaluation form.