A clavicle fracture, or broken collarbone, is a fairly minor birth injury that often happens during difficult vaginal deliveries. Although such fractures typically heal in a matter of weeks without any medical intervention, new parents often look for someone to blame for this complication.
If you are being sued over a newborn clavicle fracture, it is essential to start planning your defense immediately. The Florida medical malpractice defense lawyers at Lubell Rosen are here to help.
After evaluating the circumstances of your case, we will gather the evidence needed to fight the accusations against you and protect your professional reputation. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida.
Common Defenses Against Lawsuits Arising from Newborn Clavicle Fractures
Although newborn clavicle fractures can occur because a healthcare provider is negligent, they are more often the result of unanticipated complications during delivery. When such complications do arise, obstetricians are not typically liable for any subsequent birth injuries if they do not deviate from the accepted standards of care for the given situation. Therefore, some of the most common defenses against claims involving broken collarbones are:
1. The tools used during delivery were necessary.
For some deliveries, doctors must rely on tools like forceps to guide the baby through the birth canal. According to the Mayo Clinic, the use of forceps might be necessary if the baby’s heartbeat is irregular, the labor is not progressing, or the baby is facing the wrong direction. Using such tools can pose certain risks, including clavicle fractures, but doing so may be essential to ensure the health and wellbeing of both the mother and baby.
2. The baby was larger than anticipated.
Researchers have identified a link between heavier birth weights and clavicle fractures. If the baby is larger than anticipated and labor progresses too quickly for doctors to take certain preventive measures, a broken collarbone is likely to occur.
3. The birth canal was smaller than anticipated.
When newborns must pass through an especially narrow birth canal, they are more likely to suffer a clavicle fracture during delivery. Obstetricians can reduce the risk of complications posed by a narrow birth canal by scheduling a C-section, but sometimes it is unclear how difficult a vaginal delivery will be until the birthing process is well under way.
Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida
If you are facing a lawsuit following a complicated delivery, turn to the AV-rated medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.
