Shoulder dystocia is a serious birth injury that can have a lasting impact on the child. If you or a loved one has experienced shoulder dystocia due to medical negligence, then you may be entitled to compensation.
Understanding Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulders get stuck behind the mother’s pelvic bone during delivery. This can lead to severe complications, including nerve damage (which can cause Erb’s Palsy) and fractures. Prompt and skilled medical intervention is crucial in managing this condition. Unfortunately, sometimes healthcare professionals fail to provide the necessary care, leading to injuries that could have been prevented.
Whilst shoulder dystocia can happen to any baby, the main risk factors associated with shoulder dystocia are:
- Maternal obesity
- Maternal diabetes
- A large baby
- A previous family history of shoulder dystocia
Could you make a shoulder dystocia claim?
In order to make a successful shoulder dystocia claim, you have to consider what needs to be proved:
- Prove Breach of Duty: To establish a case for medical negligence, you will have to prove that a medical professional breached their duty of care to you. This includes failing to recognize certain risks, not taking appropriate measures, or not acting swiftly enough.
- Causation: It is necessary to show that the breach of duty directly caused an injury. This means providing evidence to show that the shoulder dystocia and associated injuries were a direct result of negligence.
- Impact: Evidencing the extent of the injuries sustained due to shoulder dystocia is crucial. This includes physical injuries to the baby, such as Erb’s palsy or fractures.
Compensation for shoulder dystocia claims
This can include
- Medical expenses: Costs of past and future medical treatments, including surgeries and therapies.
- Rehabilitation: Expenses related to physical therapy, occupational therapy, and other rehabilitation services.
- Pain and suffering: Compensation for the physical pain and psychological distress caused by the injury.
- Loss of earnings: If the injury has impacted the parents’ ability to work, compensation for lost earnings may be awarded.
- Care and assistance: Costs of any additional care and assistance required due to the injury.
Contact us
If you would like to learn more or discuss a possible claim you can visit Medical Negligence Claims or contact a member of our experienced team by making an enquiry or calling us on 033 043 1253.
