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LEGALEASE
Severe Shoulder Dystocia: 5 Minutes of Sheer Terror?
Ronald T. Burkman, MD; Jennifer L. Fennell, Esq
Specific suggestions for avoiding bad patient
outcomes and subsequent legal actions associated with a delivery
complicated by shoulder dystocia are presented in this hypothetical
scenario.
You are covering for another clinician in addition to attending
to your own practice. It has been a busy night so far. At 2 AM,
a multiparous patient from the other clinician’s practice
presents in active labor at 39 weeks. She was placed on glyburide
for her gestational diabetes. There is no information in the prenatal
record regarding recent estimates of fetal size or counseling relative
to the delivery. She is obese, and you determine that the infant
seems large, but she had previously delivered an 8½-lb infant
without problems. Since you are busy, you very briefly document
her history but do not comment on the infant’s weight.
The patient progresses to full dilation by 5 AM. She pushes well,
and after 15 minutes the head is at +2 station. A nurse tells you
another very active patient is coming to the floor. You elect to
apply forceps and deliver the infant’s head. It immediately
retracts against the mother’s buttocks. The nurse who is
working with you is a recent graduate who just finished orientation.
Somewhat clumsily, she and the patient’s husband attempt
a McRoberts maneuver while shouting at the patient to push. The
maneuver doesn’t work, and you tell the nurse to apply suprapubic
pressure, which she does leaning over the bed and pushing straight
down over the symphysis. This does not result in delivery.
The husband continues to exhort his wife to push while you attempt
a Woods maneuver, recognizing that in all your prior cases of shoulder
dystocia you only needed to perform a McRoberts maneuver and apply
suprapubic pressure to deliver the infant. Sensing that time is
flying by, you use forceful downward traction to ultimately deliver
the anterior shoulder and the rest of the infant, who weighs nearly
10 lb. You mumble to the family that it was a tough delivery and
rush off to see the next patient. Your delivery note is very brief
with little discussion of the operative delivery or release maneuvers,
a statement that the head-to-shoulder delivery time was about 1
minute, and that gentle traction was used; you don’t see
the patient again since you go off duty at 8 AM.
Later you find out that the infant suffered a brachial plexus injury
which did not resolve. A lawsuit is brought against you and the
hospital. During a subsequent review of the chart, you notice the
nurse’s note states there was fundal pressure, not suprapubic
pressure, and that the delivery took 5 minutes, not 1 minute. At
deposition she testifies that there appeared to be a lot of traction
on the baby. The case settles out of court for more than $1 million.
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DISCUSSION
Several problems contributed to the legal outcome in this hypothetical
scenario. Certainly it is rare to have all of these factors come
into play in a single case, but we each may have seen one or
more present in cases of our own or ones we have reviewed. The
issues that arise here can be divided into 4 categories: risk
factors, management, documentation, and counseling.
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Risk Factors
Although a significant percentage of shoulder dystocias occur in
the absence of risk factors, there are several interrelated risk
factors that should have gotten the attention of both the patient’s
obstetrician and the covering obstetrician. The possibility of
macrosomia (estimated fetal weight of 4,500 g) should have been
considered, given her prior delivery and the presence of diabetes
and obesity. Estimating fetal weight is difficult in the late
third trimester with obese patients. Although many resort to
ultrasound, clinicians should keep in mind that the precision
of ultrasound estimates at this time is roughly ±10%.
Thus, an ultrasound estimate of 4,000 g is likely to result in
the newborn’s weight ranging from 3,600 to 4,400 g. In
addition, because infants of diabetic women tend to put more
weight on their trunks than infants of nondiabetic women, the
possibility of shoulder dystocia is increased. Offering a cesarean
delivery to a woman with diabetes whose infant could be 4,500
g is reasonable, but it was not done in this case, nor was the
presence of the risk factors acknowledged.
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Management
The performance of an operative delivery, another known risk factor, in this
case without an appropriate indication and without documenting the estimated
fetal weight, clearly was problematic. As noted in ACOG liability surveys,
the concomitant use of forceps or a vacuum device in cases of shoulder dystocia
associated with fetal injury is often cited as an important factor in awards
decided by a jury. Despite the presence of risk factors for shoulder dystocia,
the obstetrical team was ill-prepared to manage the complication. The new nurse
had inadequate training in the performance of the McRoberts maneuver. Suprapubic
pressure was ineffective because the nurse did not elevate herself above the
patient by either lowering the bed or standing on a chair, and the clinician
did not indicate the direction for the pressure to be applied. Because of fatigue
and not having managed difficult shoulder dystocias previously, the clinician
panicked and resorted to excessive traction. The team did not call for help.
Further, the patient’s husband was not well advised, in that he continued
to urge the patient to push at a time when it was contraindicated. This likely
led to further impaction of the anterior shoulder and guaranteed that attempting
to rotate the shoulders with the Woods maneuver would fail. Finally, it is
clear that a combination of sleep deprivation and multiple active patients
interfered with the clinician’s ability to think carefully about the
issues of concern with this patient.
Obviously, there is no guarantee that every resident in training will observe
or participate in a case of severe shoulder dystocia. However, this shortcoming,
the inexperience of other staff, and the need to work as a team can be improved
through the use of repetitive training and simulation. Such simulations can
be accomplished using fairly simple models. Published data show that training
through simulation improves the management of patients and patient outcomes.
In addition, a protocol should be established for the management of such cases,
including an algorithm for the release maneuvers, instructions as to when to
call for help, and how and when to document the case. The use of debriefing
after each case allows the group to determine what went well and what needs
improvement.
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Documentation
The documentation in this case was cursory at best. Risk factors were not
acknowledged, and the delivery note was inadequate in describing the rationale
for an operative delivery and whether the necessary criteria were met. The
release maneuvers were not well described. There was no discussion with
the nurse during or after the case to be sure the team agreed on the timing
related to the complication and the maneuvers employed, to ensure accuracy
and prevent discrepancies in chart entries. The entry describing “fundal
pressure” was extremely damaging for the defense of this case. Finally,
the status of the infant was not commented upon, nor was any counseling
of the patient documented.
Many institutions have developed forms or checklists specifically
for shoulder dystocia cases to ensure key items are considered and documented,
such as estimated fetal weight, presence or absence of diabetes, indications
for operative delivery or oxytocin, release maneuvers employed and in what
order, which shoulder was anterior, the head-to-shoulder delivery time,
infant status, people present at the delivery, and patient counseling. In
the case of a difficult shoulder dystocia, the health care team should employ
maneuvers necessary to save the baby’s life, and then document those
maneuvers as such. The use of phrases with adjectives such as “gentle
traction” could be interpreted at a subsequent legal proceeding as
an attempt to downplay inappropriate management. The team should also discuss
the case after the delivery both to debrief and to ensure the documentation
is accurate and consistent.
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Counseling
It is important to discuss what occurred with the family immediately after
the case, pointing out that the baby’s life was at stake. If evidence
of poor arm movement is noted, one still can be cautiously optimistic with
the family, since most of these injuries will resolve over time. Most parents
are unable to immediately process all the events related to the delivery, so
counseling should be repeated in more depth later, carefully coordinating with
the pediatrician as to the baby’s condition. Even if a serious complication
occurs, patients have a more favorable attitude toward the clinician if the
situation is explained to them in depth and they are shown some degree of empathy.
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Summary
Shoulder dystocia cannot always be prevented, but steps can be taken to reduce
the likelihood of a severe case and improve overall management. Even if a
case results in a permanent injury and a lawsuit is filed, following these
suggestions will make the management far more defensible.
Dr Burkman reports that he helped develop with Veritech Corporation a
CD-ROM regarding the epidemiology, management, documentation, and release
maneuvers related to shoulder dystocia. Ms Fennell reports no actual or potential
conflict of interest in relation to this article.
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Ronald T. Burkman, MD, is Professor,
Division of General Obstetrics and Gynecology, Baystate Medical
Center, Springfield, MA; Professor, Department of Obstetrics and Gynecology,
Tufts University School of Medicine, Boston, MA; and Editor-in-Chief,
The Female Patient. Jennifer L. Fennell, Esq, is Attorney, Law
Offices of William J. Fennell, PC, West Springfield, MA.
Suggested Reading
ACOG Committee on Practice Bulletins-Gynecology. ACOG Practice Bulletin #40: Shoulder dystocia. Obstet
Gynecol. 2002;100(5 Pt 1):1045-1050.
Chatfield J. Practice guidelines: ACOG issues guidelines on fetal macrosomia. Am
Fam Physician. 2001;64(1):169-170.
Crofts JF, Bartlett C, Ellis D, Hunt LP, Fox R, Draycott TJ. Management of shoulder dystocia: skill retention 6 and 12 months after training. Obstet
Gynecol. 2007;110(5):1069-1074.
Draycott TJ, Crofts JF, Ash JP, et al. Improving neonatal outcome through practical shoulder dystocia training. Obstet Gynecol. 2008;112(1):14-20.
Wilson N, Strunk AL. Overview of the 2006 ACOG Survey on Professional Liability. Available at: www.acog.org/departments/professionalliability/2006surveyNatl.pdf. Accessed October 28, 2009.
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