Responsible Parties in Shoulder Dystocia Birth Cases: Who Can Be Sued?
Many parties could be sued in a shoulder dystocia childbirth action, including providers, hospitals, nurses, etc. It is important to note that every situation can be different depending on the delivery's circumstances and what type of negligence may have occurred. A shoulder dystocia birth lawyer can quickly sort out which parties could be sued and which parties should not be sued to ensure that the best possible outcome can be obtained for you.
Who Should be Sued in Shoulder Dystocia Childbirth Cases?
A shoulder dystocia birth lawsuit can be filed against any of the following groups of people:
The provider is the person who has caused or contributed to the shoulder dystocia problem. The shoulders are more often than not being delivered via forceps or vacuum, causing immense pressure on the babies' heads and constantly breaking their necks. These actions can result in birth injuries that affect both babies and mothers.
Hospitals can be sued if they are not adequately staffed or prepared to deal with situations that may arise during a birth. Furthermore, hospitals should have known that someone was at risk of experiencing shoulder dystocia and should have taken the necessary actions to prevent birth injuries. For example, if an OB or GYN did not perform proper checks during pregnancy and delivery of the baby, it can be argued that the hospital and their OB or GYN were negligent in their treatment of you and your child.
The nurse responsible for helping with the baby's delivery can be sued. If you have already given birth to your first child and your labor has been induced. The nurse is made aware that your baby's shoulders are in a problem position; they should have stopped the induction process and delayed the birth until a cesarean section could be performed to prevent further damage to either you or your baby.
If your labor was induced and there was a delay in the birth process, and the shoulders were delivered by forceps or vacuum, creditors can be held liable for your damages.
If you are representing yourself in a lawsuit, a lawsuit against anyone else but yourself would be inappropriate, as you are the person who suffered damages, not the defendant.
Your spouse may be considered a creditor until you reach a settlement or final judgment in the case, allowing them to recover any damages they have suffered due to your injuries or death.
6. Third Parties
The third parties could be sued depending on the situation and circumstances surrounding the delivery of your baby, so you must seek legal counsel immediately in your case to protect yourself and your rights.
It is essential to hire a shoulder dystocia birth lawyer to review your case and determine who may be liable. Suppose you do not retain a shoulder dystocia birth lawyer. In that case, you risk losing the opportunity to have your lawsuit reviewed by an expert and having the potential of not being able to receive compensation for your damages.