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Shoulder Distocia Lawyers

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Birth-related medical malpractice occurs when a healthcare professional such as a doctor fails to provide standard medical care. The substandard medical care may be given to the mother or baby. When a doctor is provides substandard care to a baby during labor and develop, the baby could be injured. One type of birth-related injury is shoulder dystocia.

Was your baby injured during labor and delivery? Did you trust the healthcare professional to provide adequate, standard medical care to your baby? Contact us. We’ll get you the money needed for current and future medical expenses that result from a medical malpractice.

What is Shoulder Dystocia?

Shoulder dystocia means a difficult or slow labor or delivery. It is a birth-related injury where one or both of the baby’s shoulders are stuck in the mother’s pelvis during delivery. The way the doctor tries to correct the problem is the difference between a baby being delivered correctly and brachial plexus nerve damage. Brachial plexus nerve is a large nerve that runs down the spine and connects to the shoulder and arm muscles. If a doctor uses proper techniques to correct the problem, they baby won’t have any brachial plexus nerve damage. Some correct techniques to prevent shoulder dystocia are:

• Supporting the baby’s head while gently trying to dislodge the shoulder or shoulders
• Reposition the mother
• Try to change a baby’s position
• Perform a C-section
• Perform the McRobert’s maneuver

However, a doctor who applies too much force can cause damage to the brachial plexus nerves in a baby’s neck. Shoulder dystocia may also cause a baby other medical problems like:
• Broken arm
• Broken collarbone
• Lack of oxygen
• Erbs Palsy

Should dystocia may also cause the mother medical problems like:
• Hemorrhaging
• Tearing of the cervix
• Bruising of the cervix
• Uterine rupture
• Bruising of the bladder

Your baby has been injured. It wasn’t your fault. It was because of a doctor’s negligence. Now your baby needs therapy and possibly surgery to correct the problem. Maybe you’ve been injured during the deliver. Whether you or your baby were injured during delivery, let us help you. Contact us. We’ll help you get the money you need to cover your additional medical expenses and pain and suffering.

A Medical Professional could have Avoided Causing Shoulder Dystocia
A doctor or other medical professional can’t predict when shoulder dystocia will happen during labor and delivery. However, there are warning signs and risks associated with shoulder dystocia. A medical professional must have known or should have known about the following warning signs:
• The mother was considered obese during her pregnancy
• The mother had gestational diabetes
• The baby’s gestation went beyond 40 weeks
• The baby’s pre-birth weight made them too large to deliver vaginally
• The mother is short in stature
• The baby was in an abnormal position or breeched
• The first stage of labor was too long

When a Doctor is Medical Negligent in causing Shoulder Dystocia

Shoulder dystocia could be the result of a medical error, negligence or long labor. A medical mistake is often done when a medical professional uses a vacuum or forceps in a vaginal delivery. Medical negligence is the result of a healthcare professional not having the adequate training or failure to recognize shoulder dystocia. The latter is often the basis for a medical malpractice claim.

Contact us about your possible medical malpractice claim. Understanding medical malpractice may be daunting, but not impossible. We’ll explain New York medical malpractice law and how it relates to your baby’s injury. We’ll not only file your lawsuit and prepare for trial, we’ll also negotiate a settlement on your behalf. Let us work for you and your baby. Don’t let the doctor who injured your baby avoid financially paying for the injury caused.

A basic medical malpractice claim requires an attorney proving:
• The medical professional had a legal duty to the mother or baby to provide standard, or competent, medical care. With the legal duty comes the responsibility to avoid harming the mother or baby during the labor and delivery. An attorney must show a business relationship existed between the mother and medical professional. This means the parents hired the doctor and doctor agreed to be hired.
• The baby or mother was injured. This means shoulder dystocia occurred during the delivery and the medical professional didn’t provide standard care to correct the problem. This is referred as a breach of legal duty.
• The medical professional caused the injury. It’s not assumed that shoulder dystocia and subsequent injury was the doctor’s fault. An attorney has to prove the medical professional did something wrong or failed to do something to prevent the shoulder dystocia injury.
• The shoulder dystocia injury caused parents to incur damages. Parents can’t obtain money if the injury didn’t cause damages. Thus, an attorney must show why the parents deserve damages.

Available Damages in a Shoulder Dystocia Medical Malpractice Claim

A medical malpractice verdict in New York allows a parents to obtain three types of damages for the shoulder dystocia injury:
• Economic Damages: Parents are awarded money for past, current and future medical expenses, lost wages, loss of the baby’s earning ability.
• Noneconomic Damages: Parents are award money for things that can’t be calculated like pain and suffering and mental anguish related to the shoulder dystocia injury.
• Punitive Damages: Whether parents are awarded this money depends on the medical professional’s negligence. If a judge or jury determines their actions were more than negligent, they will be financially punished. This financial punishment may range from pay parenting $1 to millions of dollars. Actions that go beyond negligent include having malice or being reckless or careless during the delivery.

File a Shoulder Dystocia Medical Malpractice Claim Quickly

New York has a limit on how long parents can sue for a shoulder dystocia injury. The statute of limitations is two years and six months from the day their child was born to sue the medical professional. After that time, parents no longer have the right to file a medical malpractice lawsuit.

We Will Help You Settle Your New York Medical Malpractice Claim

Shoulder dystocia may result in serious injury to your baby. After you discuss all possible treatment options with a healthcare provider, contact us. If your baby’s injury was avoidable or occurred because of malice or negligence, you need to receive compensation. Your medical professional was clearly at fault. We will fight to get you the money your baby deserves. Contact us immediately. We’re here to help.

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