A birth complication like shoulder dystocia is not always predictable and may not always be preventable. But when it’s believed that serious injuries were caused by the careless or reckless actions of a healthcare provider, it may lead to compensation through a malpractice claim against a medical provider in Ohio. Medical malpractice lawyers can help pursue these claims.
When would injuries stemming from shoulder dystocia be the result of medical malpractice?
It would first need to be established that a doctor-patient relationship existed. This is fairly easy to prove when a woman is going through labor and delivery.
Medical malpractice is based on negligence, not necessarily that something went wrong or didn’t go as planned. Shoulder dystocia is not something that a healthcare provider creates. However, negligent actions could make the situation worse than it should be.
For instance, ignoring signs of fetal distress and continuing with a vaginal delivery when an emergency C-Section is warranted. Or not turning the baby so the shoulder becomes unstuck may be considered negligent. When certain types of complications are obvious, such as oxygen deprivation, not acting quickly may also be considered negligent, especially if the baby ends up suffering brain damage.
Medical malpractice claims are not only based on these elements; the act of negligence must have caused damages such as medical bills, pain and suffering and other losses. Injuries to the shoulder that heal on their own and cause no chronic injury or additional expenses or losses may not warrant pursuit of a malpractice claim against a medical professional in Ohio.
Help from an Ohio Medical Malpractice Lawyer
When complications from medical negligence results in severe, disabling or life-threatening complications, then they might warrant claims of malpractice against the Ohio medical professional if related to negligence. Consult an Ohio medical malpractice lawyer at Mellino Robenalt LLC to go over possible legal action if shoulder dystocia is not properly handled by a medical professional.