Your Baby's Shoulder Dystocia Birth Injury and Your Rights

 Posted on December 27, 2023 in Birth Injury

Shoulder dystocia can be a scary and dangerous birthing complication. It happens when a baby’s shoulder gets trapped behind the mother’s pubic bone during childbirth. This can deprive the baby of oxygen and lead to permanent disability. If your baby has suffered a birth injury from shoulder dystocia, you may be wondering about your legal rights and options. An Illinois birth injury lawyer can help guide you on the proper steps you should take for this

What is Shoulder Dystocia?

Shoulder dystocia occurs when the baby’s head has already emerged from the birth canal, but one of the shoulders becomes stuck, preventing the rest of the baby’s body from passing through. This traps the baby inside the birth canal and puts extreme pressure on vital structures. Shoulder dystocia is an obstetric emergency.

Unfortunately, the urgency of shoulder dystocia situations means that permanent nerve damage or oxygen deprivation can occur while freeing the trapped shoulder. Common birth injuries include:

• Brachial plexus injuries - Stretching or tearing nerve bundles running from the spine to the arm. This can cause complete or partial paralysis of the arm.
• Clavicular and humerus fracture s- Broken collar bone or upper arm bone.
• Hypoxic brain damage - Lack of oxygen to the brain which destroys neurons and brain matter. This can lead to cerebral palsy, intellectual disabilities, vision and hearing impairment, and similar.

Why Might Shoulder Dystocia Lead to Legal Action?

If a healthcare provider’s negligence or substandard care contributed to the severity of a shoulder dystocia injury, the affected family may have grounds to pursue legal action and compensation. Potential reasons include:

• Failure to recognize maternal and fetal risk factors for shoulder dystocia ahead of time and prepare properly
• Applying excessive lateral traction to the baby’s head when freeing the stuck shoulder
• Delayed emergency response once shoulder dystocia was diagnosed
• Failure to obtain adequately informed consent about shoulder dystocia risks

Your Rights in an Illinois Birth Injury Lawsuit

In Illinois, you have two years from the date of a birth injury to file a lawsuit. To successfully prove negligence and obtain damages, an attorney must demonstrate:

• The defendant owed your child a duty of care that was breached through substandard actions
• This breach directly caused your child’s permanent disability and associated losses and expenses

Your child and family have suffered considerable, quantifiable damages eligible for compensation. There is no guarantee for compensation. However, you deserve to see what may be possible for your situation.

Damages can include past and future medical bills, lost wages for parents, therapy costs, loss of potential income for the injured child, pain and suffering, and more. For severe disabilities like cerebral palsy, lifetime care costs often amount to many millions.

Contact a Chicago, IL Birth Injury Lawyer

If doctor negligence played any role in your baby’s shoulder dystocia injury, consider scheduling a free case assessment with a Cook County, IL birth injury attorney. Call Birth Injury Law Alliance, Ltd. at 312-462-4200 for a free consultation.