The impact of a birth injury can last a lifetime, and have a substantial impact on a family. Many times, following the proper protocol and adhering to the appropriate standard of care could have prevented the harm from occurring. Where the failure to act in accordance with established practices leads causes an injury, the doctor, nurse or other medical staff may be found negligent and held responsible in a medical malpractice lawsuit.
For example, generally doctors are trained how to assess the risk for shoulder dystocia (where a baby's shoulders become stuck behind the mother's pubic bone), steps to take to prevent this from occurring, and how to respond in the event the situation arises. Where an emergency shoulder dystocia event occurs and is not properly resolved, the baby can suffer a brachial plexus injury, such as Erb's Palsy or a brain injury due to lack of oxygen or blood flow. A brain injury can lead to developmental delays, mental retardation or cerebral palsy. Your newborn may suffer from a broken arm or collarbone or in severe cases, a wrongful death may occur.leading to potential paralysis of the arms and hands.
Studies have shown that brachial plexus injuries are often directly linked to medical professionals negligently applying too much pressure and used excessive suction.
If your doctor does not take effective action to prevent shoulder dystocia from causing a birth injury or neglects to assess the risk factors of your individual circumstances, they may be guilty of medical malpractice. For more informiation or if you believe that your child was harmed as the result of negligent medical care, please contact the experienced California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.