A birth injury is considered malpractice typically if there is an outcome that could have been avoided for a child as they’re coming down the birth canal. Sometimes they can have what’s called shoulder dystocia, so that’s where the shoulder gets encumbered upon the pubic symphysis. When that occurs, there are certain procedures or protocols that, if done appropriately, oftentimes will alleviate the shoulder dystocia. But sometimes healthcare providers, if they don’t do the right thing in those circumstances and, for instance, if they create excessive traction or if they put their hands on the mother’s belly in the wrong location, that can cause the shoulder to be further stuck and then cause a permanent, what we call, brachial plexus injury. So that would be one instance of a birth trauma case or birth injury and specifically one that could have been avoided.
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