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Toronto Shoulder Dystocia Malpractice Lawyer


Toronto Lawyer Confidential Helpline



Our service in Ontario is completely free and our Toronto lawyers will deal with your case using a contingency fee arrangement. If your child doesn't succeed in receiving a financial settlement then your Toronto medical malpractice lawyer won't get paid. You will receive a complete professional service from lawyers based in Toronto who specialize in claiming compensation for personal injury caused by medical malpractice. If your child's injury resulted from medical malpractice, we can help you assert your legal right to compensation. If you would like free advice then just call the helpline or complete the contact form or email our Toronto offices. A lawyer will contact you by telephone to discuss your claim at no cost and with no obligation.

Medical Emergency

Shoulder dystocia may occur as a result of medical malpractice. The onset of this condition is often unpredictable, requires immediate medical intervention and can result in serious injury to a child. The problem occurs when the baby's shoulder becomes trapped behind the mother's pelvic bone during delivery. This situation is fraught with danger and is a medical emergency, even for a skilled midwife or doctor. Shoulder dystocia becomes apparent after the baby's head has emerged from the birth canal and the shoulders fail to follow easily on their own or with the mother's unassisted pushing, or with gentle assistance from the midwife or doctor. The Greek word ‘dystocia’ literally means "not moving", and refers to the shoulders which are stuck. Shoulder dystocia injuries can range from mild to serious and from temporary to permanent and may include Erbs Palsy, serious damage to the brachial plexus nerves and fractures of the arm or clavicle. Potential injuries arising from shoulder dystocia medical malpractice can be severe, long term disabilities and attract very substantial compensatory awards of damages.

Accepted Medical Protocol

Accepted medical protocol exists to relieve the problem including :-

  • changing the position of the baby by manoeuvring
  • repositioning the mother
  • deliberately breaking the baby's clavicle bone
  • emergency caesarean section
  • deliberately breaking the mother's pelvic bone
  • deep episiotomy
  • traction in a horizontal plane to avoid damaging the brachial plexus;
  • McRobert's manoeuvre
  • pressure over the pubic area

Risk Factors

Risk factors for shoulder dystocia include :-

  • mothers diabetes
  • large baby
  • maternal obesity
  • short maternal stature
  • gestation over 40 weeks
  • contracted or flat pelvis
  • protracted first stage of labor
  • maternal weight increases by more than 35 lbs
  • prolonged second stage of labor
  • history of large babies
  • history of similar previous problems
  • 8 years or more since the mother's last labor

Liability

To prove shoulder dystocia medical malpractice it is necessary to establish :-

    Causation of Injury:

      It is must be shown that the negligence of the doctor caused or materially contributed to the injuries.

    Duty of Care:

      A duty of care must be established and the relationship that exists between a doctor and a patient is usually sufficient.

    Breach of Duty of Care:

      To establish that a breach of the duty has occurred it must be shown that whatever the doctor did or did not do fell below the standard of a competent medical practitioner.


Confidential Helpline