A woman delivered at a hospital and the delivery was complicated by shoulder dystocia.
In 2002, a New York woman delivered at a hospital and the delivery was complicated by shoulder dystocia. Maneuvers were used to relieve the dystocia and the delivery was completed. The child was diagnosed with Erb's palsy. In the subsequent lawsuit, it was alleged that excessive force and traction had been used during the resolution of the dystocia.
The obstetrician claimed that the baby's weight of 7 lb, 10 oz did not suggest that shoulder dystocia would be likely and that the pregnancy had not provided any other indications of likely dystocia. She denied the use of excessive force and contended that delivery occurred about 1 minute after the dystocia occurred. A defense verdict was returned.
Legal perspective
1. Clark SL, Belfort MA, Dildy GA, et al. Reducing obstetric litigation through alterations in practice patterns. Obstet Gynecol. 2008;112:1279-1283.
Department editor DAWN COLLINS, JD, is an attorney specializing in medical malpractice in Long Beach, CA. She welcomes feedback on this column via e-mail to dawncfree@gmail.com
.
Low recurrence found after uterine rupture in pregnancy
May 17th 2025A new study presented at the 2025 ACOG Annual Clinical & Scientific Meeting found that while recurrent uterine rupture is rare, patients with a history of rupture face a significantly increased subsequent risk of preterm delivery.
Read More
Self-screening tool for medication abortion found accurate and acceptable
May 17th 2025A new study presented at the 2025 ACOG Annual Clinical & Scientific Meeting reveals that a self-screening survey with educational videos enables most patients to determine medication abortion eligibility without an ultrasound.
Read More