Indiana Medical Malpractice Lawyer Blog

Shoulder dystocia is one of the most feared complications of pregnancy. A shoulder dystocia occurs when, after delivery of the baby's head, the baby's shoulder gets lodged behind the mother's pubic bone. Medical errors in managing shoulder dystocia can lead to permanent injury or death for the baby.

When a shoulder dystocia occurs, the doctor must act quickly to complete the baby's delivery. If the baby is not delivered within a matter of minutes, the baby will suffer irreversible brain damage or death due to lack of oxygen. However, the doctor also must take care not to pull too hard on the baby's head in an effort to achieve delivery. Excessive traction applied by the physician can lead to damage to the nerves that run from the spine to the shoulder, arm and hand -- a brachial plexus injury. Many times, these injuries are temporary and resolve completely within days or weeks. However, when the disruption to the nerves is more severe, the injury can be permanent. Brachial plexus injuries can result in complete loss of use of the affected arm.

Mothers who have experienced a shoulder dystocia with a previous pregnancy, who have gestational diabetes, who have experienced excessive weight gain during their pregnancy, or who are known to be carrying very large babies are all at increased risk for shoulder dystocia. Physicians should be aware of these risk factors, and should always estimate the weight of the baby before delivery.

There are a number of maneuvers available to physicians to allow them to safely deliver a baby after a shoulder dystocia has occurred. Unfortunately, many doctors have had limited experience performing these maneuvers and are unprepared to efficiently perform them when needed. Additionally, some doctors fail to promptly recognize when a shoulder dystocia has occurred and persist in applying traction to the baby's head instead of resorting to the appropriate maneuvers.

Not all brachial plexus injuries suffered at birth are due to medical malpractice. An experienced medical malpractice attorney can review the case and help ascertain whether medical negligence played a role in the injury.

Medical errors during pregnancy can lead to death of the infant before delivery. The loss suffered by the parents in such a situation is devastating. Unfortunately, lawyers representing negligent doctors in Indiana are trying to add insult to the parents' injury by arguing that the parents have no legal remedy against the doctor whose negligence caused the tragic loss.

The problem arises from a decision of the Indiana Supreme Court and the language of Indiana's Medical Malpractice Act. In the case of Bolin v. Wingert, the Indiana Supreme Court ruled that the only remedy for the death of a child before delivery is a claim for emotional distress suffered by the parents of the unborn child. The court found that a legal claim for the death of the child -- a wrongful death claim -- can only be made when the child is born alive.

While the Bolin decision limited the legal remedies available to parents for the death of their unborn child, doctors and their attorneys are now fighting to eliminate all legal remedies for stillbirths caused by medical malpractice. They argue that the Indiana Medical Malpractice Act only provides relief for "bodily injury or death." The doctors' attorneys claim that under the supreme court's decision in Bolin v. Wingert, a stillbirth is not a death or bodily injury.  Because a stillbirth is not a death or bodily injury, there is no remedy under the Indiana Medical Malpractice Act.

The law firm of Garau Germano Hanley & Pennington, P.C. is fighting to make sure that parents can secure justice for the loss of their unborn child. We are currently pursuing a case before the Indiana Court of Appeals which should clarify that claims for emotional distress -- including claims resulting from stillbirth -- are covered by the Indiana Medical Malpractice Act. When a doctor's negligence causes the loss of a pregnancy, the parents deserve a remedy.