Helping Birth Injury Victims Get Justice.
Childbirth is safer than it has ever been, but the potential for complications still exists. When complications do arise, they require accurate diagnoses, appropriate responses, and timely intervention in order to prevent serious injuries.
Unfortunately, treating physicians, nurses, and other medical professionals do not always provide an acceptable standard of care. Sometimes they fail in their duties to their patients and cause needless harm to newborn babies or their mothers.
At Grossman Roth Yaffa Cohen, we are leaders in the field of medical malpractice and birth injury litigation. Backed by decades of collective experience and a comprehensive team of attorneys, medical investigators, and support staff, we help injured patients and their families fight for the justice they deserve.
Grossman Roth Yaffa Cohen stands ready to help. Contact our experienced team today to schedule a free consultation.
Shoulder dystocia is a childbirth complication that occurs when a baby’s shoulder (or both shoulders) become stuck behind the mother’s pelvis during delivery.
While babies are born safely in many cases of shoulder dystocia, the complication can pose significant risks for both baby and mother. Avoiding injury requires proper care at every phase of pregnancy and childbirth, from pregnancy through delivery:
During Pregnancy: Occurring in just 0.2% to 3% of pregnancies, shoulder dystocia can be difficult for health care providers to predict or prevent, and is typically discovered only after labor has begun. However, a pregnant woman’s obstetrician can identify various risk factors that may make her more likely to experience shoulder dystocia (and address or prepare for them accordingly.)
Examples of these risks factors include:
During Labor & Delivery: Doctors, midwives, or other healthcare providers must act promptly and properly to address shoulder dystocia when it arises during childbirth, whether they expected it or not.
This means taking the appropriate actions to safely deliver the baby, which could include repositioning the baby for a safer birth or performing an emergency Cesarean section. A repositioning can involve positioning the mother in the McRoberts maneuver (thighs against belly), applying suprapubic pressure just above the pelvic bone, and gentle manipulation of the baby. If an episiotomy or C-section is required, they each have their own inherent risks and must be carried out promptly and safely.
Medical negligence in shoulder dystocia cases occurs when healthcare providers fail to meet the expected standard of care during labor and delivery. Shoulder dystocia is often an emergency situation that requires quick and appropriate medical intervention to prevent serious harm to the baby and the mother. When medical staff don’t act swiftly or use the correct techniques, they may be considered negligent, leading to avoidable injuries.
In shoulder dystocia cases, negligence can stem from several key factors:
Failure to Anticipate Shoulder Dystocia Doctors are trained to recognize risk factors during pregnancy that increase the likelihood of shoulder dystocia occurring. Some common risk factors include:
Inadequate Response to Shoulder Dystocia During Delivery In a delivery where shoulder dystocia occurs, the medical team must act quickly to reduce the risk of injury. There are several well-established maneuvers that should be employed, such as:
Improper Use of Delivery Tools In some cases, the use of tools such as forceps or vacuum extractors can assist with the delivery when shoulder dystocia occurs. However, if these instruments are used improperly or excessively, they can cause significant harm, such as fractures or nerve damage. Medical negligence occurs when these tools are used inappropriately, resulting in injury to the child.
Failure to Prevent Oxygen Deprivation (Hypoxia) One of the most critical risks during a shoulder dystocia event is the potential for oxygen deprivation. If the baby remains stuck in the birth canal for too long, it can lead to hypoxia, which may result in permanent brain damage. A negligent delay in resolving the shoulder dystocia or a failure to monitor the baby’s oxygen levels could be grounds for a medical malpractice claim.
Lack of Communication and Team Coordination In many medical malpractice cases, poor communication among the healthcare team can exacerbate the problem. When shoulder dystocia occurs, nurses, doctors, and midwives need to work together quickly and efficiently. If there is a breakdown in communication, such as a delay in calling for assistance or in directing the team to act, the medical professionals may be held accountable for the resulting harm.
Failure to Inform the Parents of Risks Informed consent is a crucial aspect of any medical procedure. If the doctor fails to inform the parents about the risk of shoulder dystocia—especially when there are known risk factors—this could also constitute negligence. The parents should be made aware of the potential complications and offered alternative delivery options, such as a cesarean section, if the risks are high.
Failure to properly handle shoulder dystocia can result in injuries to babies and mothers. For mothers, this can include postpartum hemorrhage (P.P.H.), perineum tearing necessitating surgical repair, and uterine rupture. For babies, this may include:
Medical malpractice cases are notoriously complex and are usually aggressively defended by healthcare providers and their insurance carriers. As such, it is critically important for any family pursuing a medical negligence claim to work with attorneys who will dedicate the time, resources, and attention that these claims require and these victims deserve.
At Grossman Roth Yaffa Cohen, we routinely handle complex birth injury cases. In addition to leveraging our extensive medical malpractice experience, we also work closely with medical experts who will thoroughly evaluate your care and the failures of your medical providers. Through meticulous investigation and unwavering commitment, we help to achieve justice for our clients and positive change for our communities.
The statute of limitations varies by state, but it’s essential to act quickly to preserve evidence.
Approximately 1 in 200 births involve shoulder dystocia, but not all lead to injuries.
Each case is unique, but hiring an experienced attorney improves your chances.
Birth injury cases can take anywhere from several months to a few years, depending on the complexity.
Yes, medical records are crucial for proving negligence and injury.
In many cases, early intervention and proper medical care can reduce the risk of injury.
Every GRYC case is handled by a team of lawyers supported by in-house investigators and legal professionals with extensive experience in the medical, law enforcement, and insurance sectors.
We have recovered over $1 billion in settlements and compensation for our clients, fighting for full and fair compensation for medical expenses, lost wages, physical suffering, and emotional trauma.
We fight to change the laws and policies that hurt our clients to protect other innocent people from harm.
We take all cases on a contingency basis, which means that we pay all fees upfront, and only get paid if we win.
We fight every day to bring justice and truth back into the lives of unheard victims. We use our passion to improve the lives of our clients and our communities. GRYC is a force for justice, focused on you.
To speak to someone on our highly skilled team, fill out the form below, or call 800-206-4004 for a free case review.
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GRYC has been a voice for injured victims in the South Florida area since 1988. Together, we will be heard. Together, we can make change happen.
