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Medical Malpractice Lawsuits and Class Actions : Medical Malpractice Blog Home : Obstetrical Malpractice : Article

Medical negligence: Is your baby a victim of BPI? Shoulder dystocia?

Did you know that a baby who is not handled properly during childbirth can experience permanent injuries?

It's the dirty little medical negligence secret that hospitals don't want you to know about. Has your baby or child suffered from breaches in standard care during childbirth?

Such injuries - called brachial plexus injuries -- are most often caused when a health care practitioner exerts excessive force during delivery caused from an inappropriate response to shoulder dystocia which is a failure of the baby's shoulders to readily follow his or her head during a vaginal delivery

The brachial plexus is a network of nerves that start from the upper spine and travel through the neck, shoulder, and arm to the hand. Damage to these nerves may cause simple loss of sensation over portions of the affected arm or complete paralysis of the affected arm, shoulder, and hand.

Shoulder dystocia occurs either when the baby's anterior shoulder is trapped behind the mother's pubic bone or when the baby's posterior shoulder becomes trapped in the hollow of the mother's tailbone.

Numerous medical maneuvers can be done to dislodge the baby's shoulders; these maneuvers have varying degrees of success. The standard of care requires the practitioner to know how each of these techniques is performed and when to use it. It is the doctor's duty to look at the big picture, explain the risk factors to the parents, and allow the parents to make an informed decision between a cesarean section and vaginal delivery.

When shoulder dystocia occurs, the patient's medical records should document exactly which maneuvers were used and the result. In most cases involving severe brachial plexus injury, a shoulder dystocia diagnosis is easily found in the delivery record. For undocumented dystocia, careful analysis of the nursing and pediatric notes will usually provide important clues.

When obstetricians encounter shoulder dystocia, their first step is to call for help by getting extra obstetrical nurses, residents, and the pediatric team, the latter are rarely present at an uncomplicated vaginal delivery. Family members who were present during the delivery can also help determine whether shoulder dystocia occurred. Ask what they remember, including how many nurses and other medical personnel were present and what they were doing and if they took video or photos -- so much the better for evidence.

If your baby suffers from brachial plexus injuries, talk to a law firm that is knowledgeable about medical negligence. You may be eligible for a lawsuit to fight back on behalf of your baby's injuries.