Brachial plexus injury due to shoulder
dystocia is one of the most common lawsuits involving obstetric care,
only a bit less common than birth asphyxia. These injuries frequently
occur because of too much pressure applied at delivery. Sometimes, shoulder
dystocia may be avoided with a cesarean section. Some women are at a
higher risk than others for shoulder dystocia problems. A woman with
gestational diabetes, for example, is perhaps more at risk for shoulder
dystocia because the ratio of thorax and shoulder size to head volume
is usually larger in diabetic women. Another possible indicator of higher
risk for shoulder dystocia involves the size of the fetus compared to
normal for the stage of development. When this appears to be a concern
the physician should perform an ultrasound to attempt to determine the
size of the fetus. The likelihood of possible shoulder dystocia increases
with the size of the fetus. Weighed against the decision to have a cesarean
section is the inherent risks involved for the mother. These could include
more bleeding than normal, possible infection, injury to other organs
and tissues, blood clots and other potential complications. For this
reason, it is important to determine whether the physician provided
good information regarding the relative risks of each procedure. If
the second stage of labor is longer than normal, shoulder dystocia may
become more problematical. Similarly, if a vacuum or forceps are utilized
during delivery it may likewise increase the risk for shoulder dystocia.
In shoulder dystocia cases, often the
staff is not adequately trained or informed as to their own specific
duties as the problem arises during delivery. The experienced medical
malpractice attorney's investigation should include determining whether
the nurses realized when to apply pressure or utilize the McRoberts
maneuver. Similarly, the facility should have a pediatrician, anesthesiologist
and another obstetrician available for difficult births.
It is important for the obstetrician
to immediately recognize the shoulder dystocia issue when it presents
during delivery. Most experts suggest that the window to avoid shoulder
dystocia is between 4 and 6 minutes. In the event the baby's head retracts
and causes the cheeks to bulge, that could be a sign of dystocia. Similarly,
once the head does present and a normal amount of traction does not
produce delivery of the anterior shoulder, the physician should be concerned
immediately. Once either of these problems is encountered the obstetrician
should stop the normal deliver y process and proceed with different
measures including the McRoberts maneuver, suprapubic pressure or other
acceptable techniques in an attempt to avoid dystocia. It is fairly
well understood that the obstetrician only has a few minutes to resolve
shoulder dystocia before significant neurological injury become problematic.
One of the things that can contribute
to shoulder dystocia is when the obstetrician continues to apply traction
to the head when the shoulder does not come out naturally. Rather, when
this occurs, the physician should immediately attempt one of the acceptable
maneuvers to free the shoulder. Applying fundal pressure can actually
complicate the delivery and can cause further damage to the fetus and
the uterus of the mother.
An experienced medical malpractice attorney
will know what to look for in the medical records in order to provide
opinions regarding the viability of a malpractice claim. The malpractice
attorney will attempt to determine when and how the dystocia was first
diagnosed, which shoulder presented itself during delivery, the force
applied by the obstetrician, the methods, attempts and times utilized
to mitigate the dystocia, the condition of the baby at time of delivery,
Apgar scores, descriptions of all injuries recorded in the record, intervals
of time between each significant action during delivery and any comments
made by attending physicians, staff, nurses, anesthesiologists during
and after delivery.
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