Shoulder dystocia is a condition that may cause severe, permanent injury to the baby or mother. The faster the doctor acts to resolve this problem, the lower the chances of an injury. If a doctor worsens the effects of birth injury, the patient has the right to file a medical malpractice lawsuit in West Virginia.
Shoulder dystocia as a birth injury
Shoulder dystocia occurs during a vaginal delivery when only the baby’s head exits the birth canal. The baby gets stuck when the shoulder gets stuck behind the mother’s pubic bone.
If the problem is not solved right away, the baby’s clavicle may be fractured, and the mother’s vagina or uterus may tear. The most common damage occurs to the baby’s brachial plexus nerves that control sensory movements, and it often leads to partial or complete paralysis in the shoulder or arm. In addition, oxygen may become restricted to certain parts of the infant’s body.
When does it become a medical malpractice case?
A doctor who uses an incorrect method to remove the baby may worsen the damage. In addition, a doctor who refuses to act quickly enough or allows the baby and mother to struggle without offering help will worsen the birth injuries. In either case, the doctor might be named in a medical malpractice claim.
To develop a case, you need to show that you or your baby was severely and permanently injured during a botched childbirth. A medical malpractice lawsuit requires that you prove the doctor acted irresponsibly and caused injuries that were excessive, unnecessary and preventable.
Fetal distress is a condition that a medical professional can prevent if he or she acts sensibly. A doctor who fails to meet average standards of care can be sued for medical malpractice. A patient who has encountered this situation might be entitled to damages.