Shoulder dystocia is a critical medical emergency during childbirth, and it can result in severe birth injuries. When this occurs, hospital records become vital tools for parents seeking justice. These records help establish the facts and are essential in proving negligence or malpractice in birth injury cases. This blog explains the specific hospital records parents in Georgia should request after shoulder dystocia birth injuries and why they are essential for pursuing legal claims.
Understanding Shoulder Dystocia and Its Impact on Birth 
Shoulder dystocia is a childbirth complication where the baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery. This situation can be incredibly stressful for both parents and medical professionals as it often requires quick, skilled intervention to avoid injury to the baby and mother. Common injuries resulting from shoulder dystocia include brachial plexus injuries, which can lead to nerve damage, arm paralysis, or even permanent disability for the child.
In some cases, shoulder dystocia can also lead to bone fractures or other complications, such as asphyxia, if the baby is deprived of oxygen for too long during delivery. These injuries can have long-term physical and emotional effects on both the child and the parents.
For parents in Georgia who have experienced a shoulder dystocia birth injury, the legal process of seeking justice begins with understanding how the injury occurred and whether the healthcare providers followed the appropriate standards of care. Requesting specific hospital records is a crucial first step in this process.
The Importance of Hospital Records in Birth Injury Claims
In Georgia, as in many other states, the statute of limitations for filing a birth injury lawsuit is typically two years from the injury or when the injury is discovered. However, it’s essential to start gathering evidence, particularly hospital records, as soon as possible. These records can provide critical information that will support a malpractice claim or help establish liability in the case of a birth injury.
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Requesting the right hospital records is crucial for several reasons:
- Documentation of Medical Practices: Hospital records show what actions were taken during labor and delivery, including any medical interventions or deviations from the standard protocol.
- Establishing Negligence or Malpractice: These records can demonstrate whether the medical staff followed the proper procedures or made errors that contributed to the birth injury.
- Building a Strong Case for Compensation: The right documentation is essential for securing compensation for medical bills, pain and suffering, and any long-term care required for the child’s injury.
Key Hospital Records to Request After Shoulder Dystocia Birth Injuries
After a shoulder dystocia birth injury in Georgia, parents need to be diligent in obtaining the right hospital records. Below are the most important documents that should be requested to ensure that the case is fully supported.
1. Labor and Delivery Records
The labor and delivery records are the most essential documents in any birth injury case. These records provide a detailed account of the labor process, including the duration of labor, the position of the baby, and any complications that arose.
- What to Look For: These records should indicate whether the medical team was aware of the baby’s position and size before the delivery. If the baby was large (macrosomia), there may have been a higher risk for shoulder dystocia, and this information should have been noted.
- Why It Matters: These records will help establish if the delivery team followed the appropriate protocols for preventing shoulder dystocia or if any steps were missed that led to the injury.
2. Fetal Heart Rate Monitoring Records
Fetal heart rate monitoring is a crucial part of labor, especially for identifying fetal distress. Continuous fetal heart rate monitoring strips can provide insight into how the baby responded to labor and whether there were signs of distress that went unnoticed.
- What to Look For: Look for any signs of fetal distress, such as decelerations in the fetal heart rate, which can indicate that the baby wasn’t receiving enough oxygen.
- Why It Matters: If fetal distress was evident, and the medical team didn’t take appropriate action, this could be critical in proving negligence. The fetal heart rate patterns are often used to show that there were warning signs leading up to the shoulder dystocia incident.
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3. Anesthesia Records
Anesthesia is often used during labor, and its administration can have a significant impact on delivery outcomes. If an epidural or other anesthesia was used, it’s important to review the anesthesia records to ensure there were no complications that contributed to the injury.
- What to Look For: These records will show what type of anesthesia was used, when it was administered, and whether there were any issues or complications during its administration.
- Why It Matters: Complications with anesthesia, such as improper dosage or adverse reactions, could have impacted the delivery, contributing to shoulder dystocia or complicating the baby’s delivery.
4. Physician and Nurse Notes
During labor and delivery, physicians and nurses take detailed notes about the progress of the birth and any complications. These notes can be invaluable in understanding what happened during the delivery and how the staff handled the situation.
- What to Look For: These notes will provide insight into the actions taken by the healthcare providers, such as whether the delivery was handled with the necessary urgency or if there was any delay in responding to signs of shoulder dystocia.
- Why It Matters: These notes may reveal whether medical staff followed the proper protocols or made errors during delivery, potentially supporting a claim of negligence.
5. Postpartum Reports
After delivery, postpartum reports document the health of both the mother and the baby. These records are critical for confirming any injuries sustained during birth, such as brachial plexus injury or clavicle fractures.
- What to Look For: Pay attention to any mentions of injuries to the baby, such as nerve damage, bone fractures, or difficulty moving the arms.
- Why It Matters: Postpartum reports often serve as the first documentation of the physical impact of shoulder dystocia on the baby. These records can confirm the nature and extent of the injury.
6. Consent Forms
Before any medical procedure, including childbirth, hospitals typically require patients to sign consent forms. These forms document the procedures that the patient agrees to, including any risk factors that might arise during delivery.
- What to Look For: The consent forms should indicate that the parents were informed of the risks of shoulder dystocia and any alternative methods of delivery that could have been used.
- Why It Matters: If the healthcare team failed to explain the risks of shoulder dystocia and alternative procedures, this could strengthen the case that the parents were not fully informed and that malpractice occurred.
7. Neonatal Intensive Care Unit (NICU) Records
If the baby was taken to the NICU after birth, the NICU records will detail the baby’s condition and the treatments provided.
- What to Look For: These records will describe the treatments the baby received, including any interventions for shoulder dystocia injuries.
- Why It Matters: The NICU records can provide additional evidence of the injury’s severity and the care required to address it, which is crucial for determining the long-term impact of the injury.
8. Ultrasound and Imaging Reports
Ultrasound and other imaging reports taken during pregnancy can provide crucial information about the baby’s size, position, and overall health before delivery.
- What to Look For: These reports can show whether the baby’s position or size may have increased the risk of shoulder dystocia.
- Why It Matters: If the medical team failed to act on known risk factors, such as a large baby or an abnormal position, this could support a claim that the birth injury was preventable.
Why Proper Documentation Is Essential for Birth Injury Cases
In Georgia, as with other states, the legal process for filing a birth injury claim can be complex. Having the right hospital records is essential for building a strong case. Without the necessary documentation, it can be challenging to prove that medical negligence occurred and that it directly caused the injury.
By obtaining and carefully reviewing these records, parents can gain a clearer understanding of what happened during the delivery and whether any mistakes were made that led to the injury. These documents can also help establish a timeline of events, making it easier to connect the dots between medical decisions and the resulting injuries.
The Role of Keenan Law Firm in Shoulder Dystocia Cases
At Keenan Law Firm, we understand the devastation that a shoulder dystocia birth injury can cause. Our experienced birth injury attorneys are committed to helping parents in Georgia seek justice and obtain the compensation they deserve. We can assist you in gathering the essential hospital records, analyzing the details of your case, and pursuing legal action if necessary.
Shoulder dystocia birth injuries are complex, but with the right legal support, parents can fight for their child’s future. Contact the Keenan Law Firm today to schedule a consultation.