Has your child suffered a shoulder dystocia birth injury in Indianapolis? If so, you’re probably angry, confused, and worried about what the future holds. Families of injured children often face a significant emotional and financial burden after a birth injury, as they cope with both the trauma and the ongoing costs of care. However, you should know that there are pathways to accountability and fair compensation, and that a skilled attorney can help you pursue them.
At the Law Office of Kelley J. Johnson, we help Indianapolis families hold medical providers accountable when delivery room errors cause serious harm. We stand ready to seek justice for any injuries your child may have suffered and to help you demand the compensation you need to give your child the life they deserve. Contact us today to learn more during a free consultation with an experienced Indianapolis shoulder dystocia attorney.
Introduction to Birth Injuries
A birth injury refers to any physical harm or trauma that a newborn sustains during the labor and delivery process. Birth injuries can profoundly affect both the child and their family, often resulting in long-term challenges and significant emotional and financial burdens.
These injuries may range from minor bruises to severe, life-altering conditions, and can be caused by a variety of factors, including complications during the delivery process, genetic conditions, or medical malpractice.
When a birth injury occurs due to the negligence of a healthcare provider, families may face overwhelming medical expenses and uncertainty about their child’s future. In such cases, an Indianapolis birth injury lawyer can be a valuable ally, guiding families through the complexities of Indiana law and helping them understand their legal rights. These legal professionals are dedicated to holding negligent medical providers accountable and seeking compensation that families need for medical costs, ongoing care, and other related damages. By seeking legal support, families can focus on their child’s recovery while pursuing justice and financial security for the challenges ahead.
How Our Experienced Indianapolis Shoulder Dystocia Attorney Can Help You
Birth injury cases can prove incredibly challenging to pursue independently. They involve complicated laws, high standards of proof, and powerful insurance companies with significant resources. A dedicated law firm with experienced personal injury attorneys can help families by pursuing maximum compensation for medical bills, ongoing care, and other damages caused by negligent healthcare providers. An experienced shoulder dystocia lawyer in Indianapolis can level the playing field and help protect your legal rights. Our legal team can help by:
- Reviewing your case for free
- Investigating prenatal care and delivery records for errors
- Identifying violations of accepted medical standards
- Calculating the lifetime cost of your child’s care and support
- Handling all communications with medical staff, hospitals, and insurers
- Negotiating for a fair settlement
- Representing you in court as necessary
An experienced medical malpractice lawyer in Indianapolis can review your situation and provide guidance on your legal options.
We have a deep understanding of the intricacies of medical malpractice cases and a long track record of success with them. The Law Office of Kelley J. Johnson focuses entirely on medical negligence, and we have years of experience with claims against medical providers and before the Indiana Patient’s Compensation Fund. We can help you fight for the financial stability and sense of justice you and your family deserve.
Here’s what one client said about her experience working with us:
“If you are looking for a medical malpractice attorney, I highly recommend Kelley Johnson. Kelley and her team exceeded my expectations and gave me exceptional representation. They go above and beyond with their expertise and knowledge in Medical Malpractice to secure a successful outcome. They responded to my case with compassion and dedication and kept me informed about each step of the process. They are an outstanding legal team.” – Sherry B.
What Is Shoulder Dystocia?
Shoulder dystocia occurs during childbirth when a baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head delivers. This situation creates a true obstetric emergency. The baby cannot breathe properly until the shoulder releases, and every second matters.
Doctors and delivery teams receive training on how to anticipate and manage shoulder dystocia during the child’s birth. When the baby’s shoulder is lodged, brachial plexus injuries can occur, leading to nerve damage. When healthcare providers recognize the condition early and act correctly, they can often reduce the risk of severe injury. When they hesitate, apply excessive force, or use improper techniques, they risk causing the child permanent harm.
Shoulder dystocia does not always result from negligence. However, medical providers must follow established protocols to reduce risk. When they fail to do so, families may have grounds for a birth injury claim.
Common Injuries Caused by Shoulder Dystocia
Shoulder dystocia can cause devastating injuries to both the child and the mother that often require extensive treatment and long-term care. Some of the most common of those injuries include:
- Brachial Plexus Injuries, Including Erb’s Palsy: Excessive pulling on a baby’s head or neck can stretch or tear the brachial plexus nerves, leading to weakness, paralysis, or loss of function. Erb’s palsy is a specific type of brachial plexus injury, and physical therapy is often required for recovery.
- Broken Bones: Improper delivery techniques can fracture a baby’s collarbone or arm, potentially resulting in lifelong complications and mobility issues.
- Oxygen Deprivation and Brain Injury: When shoulder dystocia delays delivery, the baby may suffer oxygen deprivation. Even short periods without adequate oxygen can cause serious brain injury.
- Maternal Injuries: Mothers can also suffer serious harm during a shoulder dystocia event, including severe vaginal or perineal tearing, postpartum hemorrhaging, uterine rupture, and long-term pelvic floor complications.
When Shoulder Dystocia Is Caused by Medical Negligence
Not every shoulder dystocia case involves malpractice. However, many birth injury cases are medical malpractice claims that require proving negligence on the part of healthcare providers. Healthcare providers may be legally responsible when they ignore warning signs or respond improperly during delivery. Your Indiana shoulder dystocia birth injury attorney can examine whether the medical team followed accepted standards of care. Here are a few examples of medical negligence resulting in birth injury:
- Failure to Recognize Risk Factors – Doctors should evaluate known risk factors before delivery, such as gestational diabetes, fetal macrosomia (large baby), maternal obesity, and whether there are prior cases of shoulder dystocia in the mother’s medical history. When medical providers overlook these factors or fail to plan appropriately, they increase the risk of preventable injury and potential complications for both mother and child.
- Improper Use of Force or Instruments – Medical providers should never apply excessive traction to a baby’s head or neck. Improper use of forceps or vacuum devices can dramatically increase the likelihood of nerve damage and fractures.
- Delay in Performing Appropriate Maneuvers – Doctors should know how to relieve shoulder dystocia safely. Delays, confusion, improper techniques, or lack of training can cost precious seconds and lead to severe outcomes. When they do, you may have a valid medical malpractice claim.
- Failure to Recommend a Timely C-Section – In some cases, a cesarean section offers the safest delivery option. When warning signs clearly point toward a high-risk vaginal delivery, doctors must discuss and recommend a C-section in a timely manner.
- Failure to Monitor Mother and Baby – Failure to monitor the mother and baby during labor and delivery is a common cause of birth injuries, as it can result in missed warning signs and delayed interventions.
Medical professionals must provide an acceptable standard of care to prevent birth injuries. To recover damages in a birth injury lawsuit, you must prove that the healthcare provider deviated from the standard of care.
Financial Compensation Available in Shoulder Dystocia Birth Injury Cases
A shoulder dystocia injury can have lifelong physical, emotional, and financial impacts. Birth injury cases can involve significant financial costs for ongoing medical care and therapy, creating a financial burden for families. Compensation in a birth injury lawsuit or birth injury settlement is designed to help cover the long-term needs of the affected child and improve the child’s life. Economic damages cover current and future medical expenses related to the birth injury, while non-economic damages compensate for intangible losses such as pain and suffering. Compensation for birth injuries can include damages for both current expenses and projected future expenses. Many families face a lifetime of financial consequences due to the costs associated with birth injuries.
Your birth injury lawyer in Indianapolis for shoulder dystocia will likely seek the following damages on your behalf:
- Past and future medical expenses
- Ongoing therapy and rehabilitation costs
- Pain and suffering damages
- Loss of quality of life for the child and family
While no amount of money can ever fully account for the damage caused by the negligent healthcare provider, this compensation can provide both a sense of justice and the financial stability you need to provide the continued care and comfort that you and your child deserve.
Contact an Indianapolis Shoulder Dystocia Attorney for Help
If a shoulder dystocia event has turned your family’s life upside down, you need a skilled Indianapolis birth injury attorney to protect your rights. The team at the Law Office of Kelley J. Johnson can lead you through the process of pursuing your rightful compensation with confidence and help you avoid critical errors along the way. Contact us today for your free consultation.