A Shoulder Dystocia Attorney Can Recover Rightful Compensation
Shoulder dystocia occurs when a child’s shoulders become trapped behind the mother’s pubic bone during birth, leading to nerve damage. This can have devastating consequences on the baby, including brachial plexus injury, bone fractures, contusions, paralysis, and even death. The mother too can suffer injuries, such as lacerations, hemorrhaging, or uterine rupture.
If your doctor fails to take immediate steps or to perform the necessary maneuvers during childbirth, this dangerous complication can impact your infant's ability to lead a normal life. If you suspect medical negligence led to you or your child's injuries during delivery, Paul M. da Costa, Esq., a shoulder dystocia attorney in Roseland, NJ, can help you recover compensation for your expenses, pain and suffering, and other losses.
Our team will fight to protect the rights of your child, as well as secure fair restitution for damages.
Causes and Risk Factors
There are several risk factors for shoulder dystocia, including:
- Improper birthing position
- Faulty administration of epidural
- The use of forceps or a vacuum extractor during delivery
- The baby being heavier than average
- The mother being diabetic
- A previous history of childbirths involving shoulder dystocia
- The baby's body being large in proportion to its head
- The mother having a small pelvis
- Maternal obesity
- The pregnancy going beyond full term
- The mother carrying more than one fetus
Negligence in Delivery
Once any risk factors are identified, it is the responsibility of the healthcare professional to closely monitor the patient and take appropriate steps to minimize these risks. The only methods of preventing shoulder dystocia available to a doctor include an elective Cesarean section, the induction of labor, or an attempt to control fetal weight gain through maternal diet.
Our dedicated lawyers will fight tirelessly to protect your interests and hold the parties responsible for negligence accountable.
It should be noted that shoulder dystocia can occur even when no risk factors are present. In any case, it is critical that the doctor reacts quickly and calmly when the baby's shoulder becomes stuck in the birth canal, and initiates standard maneuvers to ensure safe delivery. Depending on the circumstances, the doctor should either perform an emergency Cesarean section or move the infant into a proper birthing position. The failure to do so can be classified as actionable medical malpractice.
Shoulder dystocia during childbirth may result in broken bones as well as devastating long-term effects including Erb's Palsy, brain damage, and nerve damage.
How Your Birth Injury Lawyer Can Help
If the failure to follow proper medical procedure has injured you or your child, your dedicated and skilled attorney, Paul M. da Costa, can protect your rights and help you collect damages for your losses. His exceptional work in the field of medical malpractice and catastrophic injury cases has earned him a place on Thomson Reuters' New Jersey Super Lawyers Rising Stars list on six occasions since 2008.
Your lawyer will painstakingly gather the evidence required to establish a case of medical malpractice, and assist in calculating the losses sustained, be it economic damages involving medical expenses and long-term care, or non-economic damages involving the pain and suffering of your family. New Jersey caps punitive damages at $350,000, or five times the amount of non-punitive damages, whichever is greater.
Reach Out Today
Childbirth should be a cause of joy, not pain and sadness. If you believe that you have suffered due to a third party's negligence in a shoulder dystocia case, contact us immediately to schedule a consultation with a lawyer who will fight tirelessly to protect your interests, and hold the parties responsible for malpractice accountable.