Shoulder dystocia injuries can be distressing for both parents and newborns alike. These injuries turn what should be a happy moment into a frightening experience.
If you’re ready to get justice, call Dempsey Kingsland & Osteen, P.C. to learn about your legal options. We can review your child’s shoulder dystocia injury and see if the hospital or medical staff owe you compensation for their negligence.
What Are Shoulder Dystocia Injuries?
Shoulder dystocia happens during childbirth when the baby’s shoulder gets stuck behind the mother’s pubic bone. This can lead to minor problems like difficulty moving arms or more severe issues such as fractured bones or nerve damage. In some cases, you might not notice the extent of the injury for months after giving birth.
Common Risk Factors for Shoulder Dystocia
Several factors increase the likelihood of shoulder dystocia occurring during childbirth. Your healthcare provider should check for these conditions to prepare for potential complications:
- Fetal macrosomia. These shoulder injuries are more common in babies with a higher birth weight than average.
- Maternal diabetes. If a mother has gestational diabetes or diabetes mellitus, it can contribute to larger-than-average babies, increasing the risk of shoulder dystocia.
- Maternal obesity. Women with a higher body mass index have a greater likelihood of experiencing shoulder dystocia due to the increased size of the baby.
- Prolonged labor. Research found that longer than average labor increases the chances of shoulder dystocia occurring.
- Previous history of shoulder dystocia. If a woman has previously experienced shoulder dystocia during childbirth, she faces a higher risk of it happening again in future pregnancies.
- Maternal pelvic anatomy. Certain pelvic shapes or structures may increase the likelihood of shoulder dystocia.
- Assisted delivery. Use of forceps or vacuum extraction during delivery may increase the risk of shoulder dystocia.
- Post-term pregnancy. Babies born after 42 weeks of gestation may have a higher birth weight, increasing the risk of shoulder dystocia.
Speak with Dempsey Kingsland & Osteen, P.C. if you notice any of these risk factors or believe your doctor made a mistake during delivery. We can investigate your case and see if you deserve compensation.
What to Do After a Shoulder Dystocia Injury?
Hearing that your child was injured during childbirth can make you feel nervous and scared. Following these steps helps ensure they get proper care while also building a strong claim should you need to take legal action.
Seek Immediate Medical Attention
Like with any injury, your child should see a doctor as soon as possible. A full medical evaluation can determine the severity of the injury and identify treatment options. The earlier you begin treatment, the more likely your child is to make a full recovery.
Keep Track of All Evidence
Having accurate documentation of the injury will strengthen your case if legal action becomes necessary. Keep detailed records of symptoms, treatments, and observations made by healthcare providers. Also, request copies of all medical documents, including prenatal care records, labor notes, and postnatal assessments. The more evidence you have, the easier it will be for your attorney to establish liability.
Hire a Skilled Attorney
You can’t go through this process alone. Schedule a consultation with an attorney who understands birth injuries and medical malpractice. They can assess the circumstances surrounding the injury and help identify ways to get justice.
How Our Firm Can Help
You don’t have to bear the pain of newborn shoulder dystocia alone. Dempsey Kingsland & Osteen, P.C. can help you during this traumatic time and fight for your child’s rights.
Free Case Evaluations
We offer free consultations for all potential clients. During this discussion, our team reviews your situation to determine if you have a valid claim. We will listen to your story, identify strengths and weaknesses, and advise you of your options. We will also answer any questions you may have and explain what to expect moving forward. As always, you never have an obligation to hire us.
Peace of Mind
Our firm handles all aspects of your lawsuit and will be with you from start to finish. Your lawyer will file the necessary paperwork, gather and organize the evidence, negotiate with the insurance companies or the hospital, and prepare for trial if needed. We will also communicate with you regularly and keep you updated on the progress of your case. With our help, you can focus on spending time with your newborn while we handle legal matters.
Access to Top Medical Experts
We know some of the top medical experts in Missouri. This includes a network of doctors and nurses with extensive knowledge of birth injuries. They can review your child’s injuries and provide valuable insight into your case. Their testimony can help identify malpractice and establish liability against a negligent healthcare provider.
No Upfront Fees
Our firm will represent you on a contingency fee basis. This means that you pay nothing unless we win your case. Once you hire us, we will cover all the costs and expenses of your lawsuit, such as filing fees, expert fees, or court costs. Only when we get you a settlement or judgment will we collect a percentage of your total compensation.
What Damages Can I Recover for Shoulder Dysplasia at Birth?
You can file a compensation claim that covers all damages related to the injury. This includes everything, such as physical pain, emotional harm, and financial losses. Some of the most common damages our clients seek include:
- Medical expenses,
- Pain and suffering,
- Disability or impairment,
- Future medical care,
- Loss of earning capacity, and
- Emotional distress.
Depending on the nature of your case, you may be eligible for punitive damages. These are rare, but are sometimes issued to punish defendants for their egregious misconduct. Punitive damages hold negligent parties accountable and deter others from acting the same way in the future.
It’s not easy to identify what damages are available on your own. It’s best to speak with an attorney at Dempsey Kingsland & Osteen, P.C. to see how much compensation you can seek.
Discuss Your Case with a Shoulder Dystocia Attorney
The attorneys at Dempsey Kingsland & Osteen, P.C. understand the complexities of these cases. With over 100 years of experience in handling medical malpractice claims and millions collected for clients, our firm has a proven track record of success. We know what it takes to prove a shoulder dystocia injury and seek the compensation your child deserves.
Schedule a free consultation with us today to discuss your case.
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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