KC Birth Injury Attorneys: Fighting for Compensation in Shoulder Dystocia Cases
Shoulder dystocia can turn a joyous birth into a scary emergency. This condition happens when a baby’s shoulder gets stuck during delivery, causing risks for both the mother and baby. A Kansas City MO shoulder dystocia attorney can offer legal guidance and support.
Parents need to know the dangers and what can be done. If you or someone you love faces this, finding help is crucial. Understanding your legal rights and options can make a huge difference in getting the care and compensation needed.Â
Quick Summary
Below is an overview of the key points of this article.
- Shoulder dystocia occurs when a baby’s shoulder gets stuck during birth, even though the head is out. It’s an emergency that requires fast medical assistance.
- Shoulder dystocia can sometimes happen suddenly, but certain factors can increase the risk. These include gestational diabetes, going into labor later, using an epidural too early, and having a history of shoulder dystocia.
- During birth, about 20% of babies can get hurt if shoulder dystocia happens, resulting in injuries like Erb’s palsy, Klumpke’s palsy, and broken clavicles. Birth asphyxia, which can lead to brain damage if the baby doesn’t receive enough oxygen, is also a severe consequence.
- When doctors struggle with shoulder dystocia during childbirth, mothers may suffer serious injuries and pain. These can include heavy bleeding after birth, severe tearing of the perineum, a torn uterus, or a rectovaginal fistula.
- If your child suffers a shoulder dystocia injury during birth, you generally have two years from the injury date to file a medical malpractice claim. It’s important to act within this time frame to avoid losing the opportunity to seek compensation, though some exceptions to this deadline might exist for certain cases.
- To prove negligence in a birth injury claim, you must demonstrate that the doctor breached their duty by mishandling the delivery, which directly caused your child’s injuries.
What is Shoulder Dystocia?
Shoulder dystocia happens during birth when a baby’s shoulder gets stuck behind the mother’s pubic bone. Even though the baby’s head comes out, the body cannot get past the pubic bone. This is an emergency and needs quick medical help.
What Are the Top Risk Factors Indicating Shoulder Dystocia?
Sometimes, shoulder dystocia happens without warning. But, several risk factors can make it more likely. Your doctor should know about these factors to help reduce the risks. The main risk factors for shoulder dystocia are:
Gestational Diabetes
If the mother has diabetes, the baby is likely to be larger and may have different fat distribution. A skilled doctor should know that shoulder dystocia is a risk in these cases. The doctor should work with the mother to control her glucose levels during pregnancy.
Late Labor or Gestation
As the mother gets closer to the 40-week delivery date, the baby will grow bigger, increasing its weight and shoulder size. This can put a lot of strain on the mother and may cause shoulder dystocia. To prevent this, some doctors recommend inducing labor earlier.
Epidural Use
Using an epidural too early during labor can relax the uterus for a long time. This slows down labor and increases stress on both the mother and baby. If the doctor misjudges the timing of the epidural or does not perform an emergency C-section when needed, shoulder dystocia can happen.
History of Previous Shoulder Dystocia
One of the main risk factors for shoulder dystocia is if the mother has had this complication before. When your doctor knows about your history of shoulder dystocia, they should work with you to create a birth plan that considers this risk.
What Are the Common Consequences of Shoulder Dystocia to the Child?
When shoulder dystocia happens, babies have a birth injury about 20% of the time. This can cause either temporary or permanent damage. Common consequences for the child include:
Brachial Plexus Injuries
The brachial plexus is a bundle of nerve roots that travel from the upper part of the spine to the area between the neck and shoulder. When these nerves get torn or stretched by doctors during childbirth, it can lead to arm paralysis, which is the most frequent injury in babies during difficult shoulder delivery. This condition is known as “Obstetrical BPI.”
Erb’s Palsy
Erb’s palsy is one of the two usual brachial plexus injuries. It causes paralysis or weakness in the muscles of the upper arm. This often makes the upper arm move closer to the body, with the forearm stretched out, like a waiter holding a tray. Fortunately, over 90% of Erb’s palsy cases fully recover, without any lasting harm.
Klumpke’s Palsy
Less common than Erb’s palsy, Klumpke’s palsy impacts the muscles of the lower arm. It causes the elbow to bend and the forearm to turn upward, making the hand resemble a claw. Unfortunately, only 60% of Klumpke’s palsy cases fully recover.
Broken Clavicles
The second most frequent injury during tough shoulder births is a broken collarbone. Although it can hurt the baby, healing is usually simple, and it typically doesn’t cause long-term problems.
Birth Asphyxia
The most severe outcome of shoulder problems during birth is a lack of oxygen, which can cause extensive brain damage. How much damage occurs depends on how long the baby’s head is out but the shoulders are still stuck.Â
If the baby’s oxygen from the umbilical cord runs out, even just five minutes can lead to brain harm. Longer than that could be fatal. That’s why medical teams need to act fast when there’s trouble during birth to keep the baby safe.
What Are the Possible Consequences of Shoulder Dystocia to the Mother?
When doctors don’t handle shoulder dystocia well during childbirth, mothers can also endure serious injuries and pain. Some of the problems mothers might face include:
- Postpartum hemorrhagingÂ
- Extreme tearing of the perineumÂ
- Ruptured uterus
- Rectovaginal fistula
What is Missouri’s Statute of Limitations for Shoulder Dystocia Injury Claims?
Remember, you have a limited time to take legal action. In Missouri, the statute of limitations for medical malpractice claims is two years from the date of the injury. If you wait too long to file your claim, you may lose the chance to recover damages. However, exceptions to the two-year deadline may apply to your case.
Consult a Kansas City MO shoulder dystocia attorney immediately to determine the timeframe for filing your medical malpractice lawsuit. The sooner they start working on your claim, the better the chances of preserving important evidence and getting full and fair compensation.
How Can I Prove Negligence in My Birth Injury Claim?
Here’s what you need to show to prove negligence in a shoulder dystocia birth injury claim:
- Breach of Duty: Doctors have a duty to handle shoulder dystocia deliveries appropriately to prevent injuries.
- Negligent Actions: You need evidence that the doctor failed to act quickly or properly during the delivery.
- Causation: This evidence should establish a link between the doctor’s actions (or inaction) and your child’s injuries.
What Compensation Can I Get From My Shoulder Dystocia Injury Claim?
If your child was diagnosed with shoulder dystocia or you think they were injured due to medical negligence during birth, it’s important to speak with a birth injury lawyer as soon as possible. They will review your case and advise you on how to get financial compensation for any injuries caused by medical negligence.Â
In some cases, they may even negotiate a settlement agreement so you don’t have to go through a long trial. Medical malpractice damages you could receive for a shoulder dystocia birth injury include:
- Past and future medical expenses
- Lost income
- Loss of future earnings
- Rehabilitation and physical therapy costs
- Pain and suffering
- Loss of quality of life
Why Do I Need a Shoulder Dystocia Attorney in Missouri?
If you or your baby experienced shoulder dystocia during birth, you might wonder why you need a Kansas City MO shoulder dystocia attorney. This type of injury can have serious consequences, and having a legal professional can help you in many ways. Here’s why:
- Understanding Your Rights. A Kansas City MO shoulder dystocia attorney knows the laws about medical malpractice and birth injuries in Missouri. They can explain your rights and make sure you know all your options.
- Building a Strong Case. Proving that shoulder dystocia happened because of a doctor’s mistake can be hard. A birth injury lawyer can gather evidence and build a strong case to show what happened.
- Dealing With Insurance Companies. Insurance companies might try to pay you less than you deserve. An attorney can negotiate with them and fight for fair compensation for your medical bills, pain, and suffering.
- Getting Expert Help. Cases involving shoulder dystocia often need medical experts to testify. A good Missouri birth injury attorney has connections with experts who can support your case.
- Peace of Mind. Dealing with a birth injury is stressful. A Kansas City MO shoulder dystocia attorney can handle the legal work, so you can focus on your family and recovery.
Let Us Handle the Legalities While You Focus on Healing
Facing the aftermath of shoulder dystocia can be overwhelming for any family. The Ricket Law Firm LLC understands the challenges and pain that come with this birth injury. Our trusted Kansas City MO shoulder dystocia attorney is dedicated to helping you through every step of the legal process, ensuring you feel supported and informed.Â
We have a deep commitment to fighting for the justice and compensation your family deserves. At Ricket Law Firm LLC, we pride ourselves on our compassionate and professional approach. Our lawyers have extensive experience with birth injury cases in Missouri, and we know how to build a strong case for you.Â
Let us handle the legal complexities while you focus on your family. We can also represent you in Nursing Home Abuse, Nursing Home Injuries, and Nursing Home Neglect. Contact us today to see how we can help you navigate this difficult time and secure the best possible outcome for your case.
