Shoulder dystocia results from the failure to deliver a baby safely. Medical malpractice is often the cause, but the problem may be caused by the mother’s health problems. In Illinois, the next step is determining who is at a fault for a serious in-hospital injury.
Evaluating birth injuries
Shoulder dystocia is a birth injury that occurs when the baby’s shoulder gets stuck during a vaginal delivery. The result is a shoulder fracture or injury to the baby and a vaginal tear, hemorrhaging or uterine damage in the mother.
A birth injury may be caused by a human error made by a member of the medical staff. Some injuries are caused by an underlying health condition, such as obesity or gestational diabetes, that affects the mother.
Proving the cause of a medical injury
If medical malpractice is proven, the medical staff or hospital can be held responsible for the child’s injury. However, the hospital has its own team of attorneys and legal resources and may deny causing the accident.
In addition, not every birth injury is discovered at the time and location of the birth. You may not notice the damage until afterward. There are statutes of limitations for when to file personal injury cases and obtain compensation.
Shoulder dystocia is a birth injury that has different natural or human causes. Determining its cause and who is at fault is not always straightforward in a malpractice case. This type of injury causes physical and emotional distress to the child and the mother. In court, the victims have the right to challenge the decisions that led up to the injury.