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Shoulder dystocia occurs during childbirth when, after the delivery of the baby’s head, the baby’s anterior shoulder gets stuck behind the mother’s pubic bone. While this condition can be a natural complication due to factors like the baby’s size or the mother’s pelvis shape, it can also be a direct result of medical malpractice when healthcare professionals fail to identify risk factors, make incorrect decisions, or use improper techniques during delivery.
When you choose a doctor or healthcare facility to aid you during the birthing process, you are entrusting them with not only your safety, but your child’s as well. When this duty of care is breached with a blatant disregard for your child’s well-being, you are entitled to partner with a compassionate and knowledgeable Houston, TX shoulder dystocia attorney from Davis & Davis to help file a medical malpractice claim and begin your journey to acquiring the justice and compensation your family deserves.
When Is Shoulder Dystocia a Direct Cause of Medical Malpractice?
A shoulder dystocia injury is not always the direct result of medical malpractice. Receiving unfavorable medical results does not qualify you for filing a medical malpractice claim. Instead, the diagnosis must be a direct result of your healthcare provider’s negligence.
Instances of medical malpractice related to shoulder dystocia include failure to anticipate the complication in pregnancies with known risk factors, such as gestational diabetes or a history of large babies. Additionally, inappropriate use of birth-assisting tools, like forceps or vacuum extractors, or applying excessive force during delivery can exacerbate the situation, leading to injuries to both the mother and the child. In such cases, the negligence of the healthcare provider can be grounds for a medical malpractice claim.
Understanding How a Shoulder Dystocia Birth Injury Lawyer Can Help Your Case
Don’t try to navigate the aftermath of your child’s birth injury without the help of a professional. It’s important to remember the insurance company is not your friend and will try to pay you as little as possible in order to sweep your accident under the rug. When you partner with a dedicated shoulder dystocia attorney in Houston, you are allowing yourself to focus on your family while our shoulder dystocia lawyers in Houston, TX get to work on the following important steps:
Collect Evidence
The team at Davis & Davis will begin with a thorough review of your case, including a collection of any time-sensitive information to be used as evidence. For medical malpractice claims, this can include eyewitness accounts, professional testimony, detailed medical records, and more. This data will be used to demonstrate you were owed a standard of care and that this care was breached due to the negligence of your healthcare professional.
Using the components of negligence, we will be able to identify a liable party and hold them accountable for their reckless actions by filing a personal injury claim through their insurance company.
File Your Claim
Texas currently has a two-year statute of limitations for filing a medical malpractice claim. This is two years from the date of the injury or the date of reasonable discovery. With birthing injuries, it can sometimes be hard to identify that anything has occurred for a few days, weeks, or even months after the birth.
Davis & Davis will handle all aspects of the claim process for you, including the filing, scheduling, and communication with the insurance company. This includes the period of time during which your settlement will be negotiated.
Fight for a High Settlement
Shoulder dystocia can result in long-lasting and costly injuries to your child. When you file a personal injury claim for a settlement offer, it is in order to protect your child’s future and ensure they have access to all of the assistive care and treatments they need. Our shoulder dystocia lawyers understand the difference a worthy settlement offer can make, which is why we fight so hard for your family to recover the compensation you deserve.
Was Your Child Injured During the Birthing Process? We Can Help Today
When faced with the trauma of a shoulder dystocia birth injury, you expect healthcare professionals to have prioritized the well-being of both mother and child. When this trust is breached due to inadequate care, resulting in injury, our devoted shoulder dystocia birth injury lawyers at Davis & Davis in Houston, Texas, are here to advocate for you. With years of experience and over 300 jury trials under our belt, we bring a wealth of expertise to your case, ensuring you focus on recovery while our Houston shoulder dystocia attorneys relentlessly pursue the justice you deserve.
Our commitment to representing victims of medical malpractice in Houston is unwavering, and our proficiency in handling complex shoulder dystocia cases is unparalleled. We’re prepared to champion your birth injury claim and secure the compensation you’re entitled to, all while operating on a contingency basis. Trust in our dedicated and empathetic approach to guide you through this difficult time. To arrange a free consultation, reach out via our online contact form or call us directly at (888) 522-9444.
