Every potential mother hopes for a smooth labor and delivery with no complications. The goal, after all, is a healthy baby. While the vast majority of women give birth without any serious complications, there are certain emergency situations that can arise, such as shoulder dystocia. Shoulder dystocia can be one of the scariest emergencies in the delivery room. If your child has been injured because a medical professional failed to handle shoulder dystocia properly, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester birth injury attorneys can analyze the facts of your case and help you determine your next steps.
Shoulder dystocia is a serious condition in which one or both of a baby’s shoulders become stuck behind the mother’s pubic bone during delivery. Put another way, shoulder dystocia occurs when an infant’s shoulder catches on the mother’s hips during childbirth. Approximately 1 percent of all deliveries experience shoulder dystocia complications. However, 20 percent of affected babies suffer temporary or permanent injuries.
When shoulder dystocia occurs, immediate and detail-oriented medical attention is needed. There are a number of last-minute safety techniques that can help prevent injury to the mother and infant. In some cases, an emergency C-section surgery will be required to deliver the baby because the umbilical cord may be compressed and cutting off oxygen to the baby’s brain. Failing to recognize and treat shoulder dystocia can lead to serious and long-term injuries to the newborn, including brain injury, brachial plexus damage, bone fractures, nerve injury, Erb’s palsy, maternal hemorrhage after delivery, cerebral palsy, and a variety of other dangerous health conditions.
In New York, like other states, medical malpractice claims are rooted in the legal doctrine of negligence. Negligence occurs when an injury or death is caused by a person’s failure to use the level of care and caution that a reasonably prudent person would have used in the same situation. In the context of medical malpractice cases, the central question is whether the health care provider used the level of care and caution that a medical professional in the same medical specialty would have used in the same situation. If the health care provider failed to use the acceptable level of care, and it caused an injury to the patient, the health care provider would likely be liable for malpractice. These cases are quite complex and require the services of an expert witness to be successful.
It is important to note that not every bad outcome is a result of malpractice. In some cases, the doctor does everything right, and a patient is still injured. This is simply the nature of medicine. Instead, malpractice occurs when the health care provider’s error, carelessness, or wrongdoing caused the injury. Put simply, you have to show that the doctor was negligent and that his or her negligence caused your harm.
If your child was harmed due to a physician mishandling shoulder dystocia, you need to reach out to a skilled Rochester birth injury attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping birth injury victims recover the compensation they need to deal with their injuries. We understand that this is a stressful time, which is why you can expect us to handle your case with the utmost compassion. For a free case evaluation, call our offices at 315-479-9000 or contact us online.
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