As many parents know, childbirth can be unpredictable, especially when complications occur that change the whole birth plan.
One complication is shoulder dystocia, which may happen even if the mother and baby don’t have any risk factors associated with it.
What Is Shoulder Dystocia?
Shoulder dystocia happens when one or both of the baby’s shoulders become stuck behind the mother’s pubic bone during delivery. This can make the birthing process more challenging than expected.
Certain factors increase the risk of shoulder dystocia, such as:
- Gestational diabetes
- Obesity
- Older maternal age
- Prolonged labor
- Assisted delivery (vacuum or forceps used)
- Induced labor (Pitocin)
- Large birth weight
It is important to note, in many cases, the mother and baby do not have any of the risk factors listed above.
Continue reading to learn what steps to take if your baby experienced injuries caused by shoulder dystocia.
5 Steps To Take If Your Baby Suffered Shoulder Dystocia
When your baby suffers birth injuries, it is hard to know what to do next. Understanding what steps to take is crucial to ensure your baby receives proper care and for protecting your family’s rights.
1. Immediate Actions
It’s important to recognize signs of shoulder dystocia during your baby’s birth. The biggest indication is what’s known as the “turtle sign”. This is when the baby’s head is delivered but then retracts back into the birth canal, due to the baby’s shoulder getting stuck.
When shoulder dystocia is addressed promptly and correctly, it typically does not result in long-term injuries. Medical providers are trained to correctly handle these situations when complications occur during birth.
However, if the medical team fails to act quickly, the baby may suffer serious injuries. These injuries may include fractured bones, brachial plexus nerve damage, and brain damage.
Signs of fractured bones:
- Excessive crying when the arm is moved
- Little to no movement of the arm
- Difficulty feeding
- The affected arm looks deformed
Signs of brachial plexus nerve damage:
- Little to no movement of the arm
- The affected arm is limp
- Weak grip
Signs of brain damage:
- Excessive crying
- Seizures
- Difficulty feeding
- Delayed developmental milestones
- Respiratory issues
- Poor reflexes
If you notice any of these symptoms, seek medical help immediately. Your medical providers should conduct testing to determine the extent of their injuries and any long-term effects.
2. Documenting the Incident
Documenting the incident and any injuries is critical if your family decides to pursue a birth injury lawsuit against the medical providers.
Gathering medical records from the hospital is essential for building a strong case. Records can be obtained by requesting the records online, or by contacting the hospital by phone or email.
Your baby’s medical records should include:
- Information about the birth
- Timeline of labor and delivery
- Birth weight and measurements
- Family medical history
These details will create a picture of what occurred during birth and show if the injuries could have been prevented.
You should also keep personal timelines of events during and after delivery. You can compare your timeline to the hospital’s records. If there are discrepancies on the timeline, such as missing or incomplete documentation, this could indicate the medical providers left out important information regarding your child’s care. This creates problems because medical providers are required to keep minute-by-minute records during labor and delivery.
You should also collect additional evidence like photos/ videos to show the injuries. Also, documenting all communication with the medical provider is also crucial for a birth injury case.
3. Medical Follow-Up For Your Baby
Regular check-ups are important, especially for babies who have birth injuries. Consulting with a pediatric specialist can help diagnose your child’s condition and provide a treatment plan.
Treatment options will vary depending on what injuries the baby has. For instance, a baby with brachial plexus injuries will need different treatment than a baby with brain injuries.
During follow-ups, medical providers will monitor your baby’s progress and watch for delayed developmental milestones.
Some key milestones that will be monitored, include the ability to:
- Grasp items
- Roll over
- Crawl
If these milestones are not met, then it could indicate a bigger problem.
4. Understanding Your Legal Rights
The statute of limitations is the legal timeframe of how long you have to file a lawsuit. In most birth injury cases, the statute is 1 year from the date of the injury or 1 year from the date the injury was discovered.
In cases where the baby died due to the injuries, the family will have 2 years to file a lawsuit.
If you are unsure of the statute of limitations for your case, talk to an experienced birth injury attorney as soon as possible. If you try to file a case after the statute has passed, judges are unlikely to even look at the case.
5. Choosing The Right Legal Representation For Your Family
Choosing an attorney to represent your family is one of the most important parts of a birth injury lawsuit. Your attorney will guide your family through the legal process, make decisions on your behalf, and advocate for your family’s best interest.
Questions to ask potential attorneys include:
- How many birth injury cases have you handled?
- Have you taken birth injury cases to trial?
- Do you have experience with shoulder dystocia cases?
- How and when will I be updated on my child’s case?
- What is your strategy for proving medical malpractice in my child’s case?
You should consult multiple attorneys to compare their approaches to find the best law firm for your family’s needs.
Contact Our Birth Injury Attorneys
Our team understands the devastating effects that birth injuries can have on families.
If your child had shoulder dystocia which caused serious injuries, we encourage you to contact our Cleveland birth injury attorneys to see if you have a case. Contact our office by calling (440) 333-3800 or fill out our quick contact form, to schedule a free initial consultation.