Our Michigan birth injury lawyers represent children and their parents in lawsuits involving shoulder dystocia. Shoulder dystocia is a serious medical condition that can affect a child throughout his or her lifetime. This injury can be preventable in some circumstances with proper medical care, planning, and attention. When a childer suffers this condition due to medical negligence, it can give rise to a medical malpractice lawsuit.
Shoulder dystocia is a medical condition that occurs during the birth of a child. It occurs when the baby’s head is able to be delivered through the vagina, but the shoulders get stuck inside the mother’s body. Dystocia literally means “slow or difficult labor or delivery.” Both the mother and the baby can suffer injuries when this occurs and the baby can be left with permanent injury to the shoulder and arm.
Risk Factors of Shoulder Dystocia
Pregnant women are at risk for their baby having shoulder dystocia during delivery when:
- The baby is very large
- The mother has diabetes
- The mother is pregnant with twins or multiple births
- The mother is obese
- The delivery occurs after the baby’s due date
- The mother has a history of shoulder dystocia in the past.
When risk factors for shoulder dystocia are identified, the treating doctors and medical providers should anticipate a potential problem at the time of delivery and take precautionary measures. These measures include different types of maneuvers during the delivery to allow the shoulders to safely pass to avoid injury or harm. The failure to take necessary medical steps to prevent dystocia during delivery can give rise to a medical malpractice lawsuit.
Complications of Shoulder Dystocia
The prime concern of shoulder dystocia is the upper brachial plexus nerves damage. Excess tension can tear the nerve roots, resulting in complete dysfunction of the fetus. The ventral roots are at greatest risk of injury as these endure the greatest tension. When these nerves are damaged the child may lose strength or control in the affected shoulder and arm. Quite often, this damage can last a lifetime and limit the child's ability to play sports and participate in normal childhood activities. It can also limit the child's ability to secure employment in adulthood.
Michigan Shoulder Dystocia Lawsuits
Our experienced birth injury lawyes file shoulder dystocia lawsuits against hospitals and doctors. Shoulder dystocia lawsuits are actually medical malpractice cases that allege negligence in the care and treatment of the mother and baby. These cases seek compensation for the harm and injuries suffered by child. They are filed in the courthouse in the county of the hospital.
What is Needed to Prove a Shoulder Dystocia Lawsuit?
To determine if you have a shoulder dystocia, our legal team will review all of the birth records and medical records to determine if their was medical negligence in the delivery of your baby. We then discuss the case with nationally respected physicians to get the expert support necessary to file your lawsuit. To win a case, it must be proven that there was a medical error which caused the shoulder dystocia and that the child has suffered serious harm from the condition.
If there is a valid case, we obtain the required Affidavits of Merit from the expert witness and prepare the Complaint and Jury Demand to file with the court. We also hire economists and other experts to prove the damages in the case.
How Much are Shoulder Dystocia Lawsuit Settlements?
There is no calculator or guideline to determine the amount of the settlement. Settlements are based upon a number of factors, including the degree of medical negligence, the seriousness of the condition, and the impact it will have on the child throughout his or her lifetime. The compensation is often substantial because of the potential economic impact and financial losses over the child's entire lifetime. Other compensation is sought for payment of medical expenses and for specialized medical care for the child, including physical and occupational therapy.
Contact a Michigan Shoulder Dystocia Lawyer
If your child suffered shoulder dystocia during birth, you should contact our Michigan birth injury lawyers immediately to discuss your case. We will obtain all of the medical records and have them reviewed by our medical experts. If our medical team determines that you poor care caused shoulder dystocia, will file a medical malpractice lawsuit seeking all damages allowed under Michigan law.
Best of all, we will represent you and your child under our No Fee Promise, which means we charge no legal fees or costs unless we win you a settlement. If your case is unsuccessful for any reason, you owe us nothing at all.
Call the law firm of Buckfire & Buckfire, P.C. now at (800) 606-1717 to start on your case!