Shoulder Dystocia Lawyers in New Mexico

If Your Care Team Failed to Respond to Shoulder Dystocia, We Can Help You File a Claim for Your Child’s Injuries

Even when a mother and her fetus are both in perfect health, dangerous complications like shoulder dystocia can put an infant at risk of developing nerve damage or even brain injury during labor and delivery.

For anyone whose child suffered nerve injury during childbirth, our experienced team is here to help. When standards are violated and your baby suffers as a result, we can help hold wrongdoers accountable. Ask us about your rights if you or your infant was seriously injured by an improper response to shoulder dystocia.

McGinn Montoya Love Curry & Sievers PA has been serving New Mexico families since 1985. Call (505) 405-4441 for a free consultation with one of our skilled shoulder dystocia attorneys.

What is Shoulder Dystocia?

Shoulder dystocia is a birth complication that occurs during delivery when one or both of a baby's shoulders get stuck behind the mother's pelvic bone after the baby's head has been delivered. This situation can make the delivery process difficult and may require medical intervention to prevent injury to the baby or mother.

Common causes of shoulder dystocia include:

1. Maternal Factors:
   • Gestational diabetes: Women with gestational diabetes often give birth to larger babies, increasing the risk of shoulder dystocia.
   • Obesity: Maternal obesity can increase the chances of having a larger baby.
   • Abnormal pelvic anatomy: A smaller or irregularly shaped pelvis can contribute to this complication.
2. Fetal Factors:
   • Large baby (macrosomia): Babies weighing more than 8 pounds 13 ounces (4,000 grams) are at a higher risk.
   • Post-term pregnancy: Babies born after their due date tend to be larger, increasing the risk.
   • Abnormal fetal positioning: The baby’s position can affect how easily they move through the birth canal.
3. Labor and Delivery Factors:
   • Prolonged second stage of labor: If the second stage of labor (pushing phase) is extended, it may increase the likelihood of shoulder dystocia.
   • Use of delivery-assisting tools: The use of forceps or vacuum extraction can increase the chances of this complication.
   • Induced labor: Induction of labor, particularly if done prematurely or unnecessarily, can lead to complications like shoulder dystocia.

If not managed promptly, shoulder dystocia can lead to injuries such as brachial plexus injuries or fractures in the baby and complications like postpartum hemorrhage for the mother.

Shoulder Dystocia and Its Complications

Improper handling of shoulder dystocia can result in a need for future treatment and can cause permanent disabilities.

Delayed Delivery Can Lead to Hypoxia

Shoulder dystocia prolongs labor, which increases the chance an infant will not receive the oxygen he or she needs. If oxygen deprivation lasts for more than a few minutes, the baby is likely to suffer hypoxic-ischemic encephalopathy (HIE). This serious and irreversible brain damage is often linked with cerebral palsy and other motor and cognitive disabilities. HIE can also result in death.

Excess Force Can Injure a Fetus

Whether providers use their hands or tools like forceps or a vacuum to assist in a difficult delivery, the utmost caution must be used. Otherwise, preventable and devastating injuries can result, including brachial plexus palsy. When the baby’s head and shoulder are forced too far in opposite directions, the nerve group in that area will suffer a strain or even tear. Injured infants can have trouble moving the affected arm, lack grip strength, and may exhibit numbness. Brachial plexus injury can affect only the shoulder and upper part of the arm (Erb’s palsy) or extend to the wrist and hand (Klumpke’s palsy). Many times, these injuries can require surgery, and, in some cases, they can be permanent.

Newborns also have fragile skeletons, and the clavicle and humerus may be fractured when a doctor tries to force a baby’s shoulder past its obstruction.

Can Shoulder Dystocia Be Prevented During Childbirth?

While not all cases of shoulder dystocia can be prevented, proper prenatal care and monitoring of risk factors can reduce the likelihood. Obstetricians should assess potential risk factors, such as gestational diabetes or fetal macrosomia, to anticipate complications. During delivery, medical professionals must be prepared to handle shoulder dystocia swiftly and appropriately using techniques like the McRoberts maneuver or suprapubic pressure. Failure to take these precautions could be considered negligence and form the basis for a shoulder dystocia claim.

How Can I Prove Medical Negligence?

Proving medical negligence in a shoulder dystocia claim requires demonstrating that the healthcare provider failed to meet the standard of care during the delivery process. This could involve showing that the doctor did not take appropriate measures to manage shoulder dystocia when it occurred or failed to recognize risk factors beforehand. Expert testimony from medical professionals is often necessary to establish what actions a competent provider should have taken. If the deviation from standard care caused harm to the baby or mother, it strengthens the case for compensation.

Making a Claim After Shoulder Dystocia

Your child’s injuries and the resulting emotional distress can strain your family’s finances and trouble your family in other ways. Some costs associated with shoulder dystocia are:

• Medical bills
• Future medical care
• Parental loss of wages
• Accommodations for your child
• Disability, in case the injury cannot be fully treated

Our attorneys can help you determine the extent of the damages after learning your story. Other damages that may be available include pain and suffering, emotional distress, damages related to disfigurement, loss of household services, and damages related to the nature, extent, and duration of the injuries.

Along with the means to support your child—and equally important as a factor—a claim can help you find justice. Filing a shoulder dystocia claim can help you get answers about what happened to your child. It can also result in changes in staffing, procedures, protocols, and policies that can help protect other children.