Pursuing Legal Claims Against Doctors, Midwives and Nurses
Shoulder dystocia is an obstetric emergency in which, after delivery of the baby's head, the upward-facing shoulder gets "stuck" behind the mother's pubic bone and will not deliver normally using general downward traction on the baby's head. Instead, the shoulder retracts into the pelvis (called a "turtle sign"). Once a shoulder dystocia develops, the doctor or midwife delivering the baby must not use forceful pulling, and the nurse must not use fundal pressure (pressure on the mother's abdomen just below the breastbone, toward the pelvis). These maneuvers push the trunk of the baby outward while the shoulder cannot follow and can stretch the nerves at the base of the neck supplying the shoulder and arm. This can tear the nerves, resulting in weakness or paralysis, called Erb's palsy or brachial plexus palsy.
When a shoulder dystocia develops, it is considered medical malpractice to apply firm downward traction on the head or to apply fundal pressure. Shoulder dystocia must instead be managed by a series of specific maneuvers to dislodge the shoulder.
Shoulder dystocia sometimes occurs with babies of average size at delivery, but the risk of shoulder dystocia is increased with macrosomia (large babies) and in the babies of mothers who have diabetes. Not only does diabetes cause increased weight at delivery, but it also may cause increased width of the shoulders relative to the head, predisposing to shoulder dystocia.
Getting You Accurate Information So You Can Decide What to Do Next
Parents of children with arm paralysis from shoulder dystocia are often told that within months to years, the arm will be normal. Although there may be improvement in cases where nerve injury has been less severe, the paralysis does not go away in more severe cases. Parents are also often incorrectly told that the paralysis happened earlier during the pregnancy and was not due to shoulder dystocia at all. A child's parents may even be completely unaware that shoulder dystocia ever happened until they have consulted a neutral third party.
In consultation with obstetricians, perinatologists, pediatric neurologists and other experts, our New Mexico shoulder dystocia attorneys at The Kauffman Firm will work to determine whether malpractice was the cause of your child's birth injury. If so, we may be able to obtain money damages to help pay for medical, physical therapy and rehabilitation expenses as well as compensation for your baby's emotional and physical pain and suffering, permanent disability, loss of quality of life, loss of income, and other damages that occur in these types of cases.
Call Our Albuquerque Erb's Palsy Lawyers at 505-814-1823
If your child has developed Erb's palsy, it is important to consult a lawyer promptly to learn whether you have a legal claim. For a free consultation and case evaluation, please call our law firm at 505-814-1823 or e-mail us. Based in Albuquerque, we handle cases nationwide.
