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.
Recoverable Damages in Shoulder Dystocia Birth Injury Cases
When medical negligence results in shoulder dystocia during childbirth, families may be entitled to compensation by filing a medical malpractice claim. The damages available in these cases are designed to address both the immediate and long-term consequences of these types of birth injuries, providing financial support for the affected child and your family.
In shoulder dystocia cases, the resulting injuries can vary widely in severity, from temporary nerve damage to permanent disabilities requiring lifelong care. Our Houston birth injury attorneys work diligently to ensure all potential damages are properly calculated and pursued. Depending on the unique factors of your child’s case, there are various damages you may be eligible to recover, including the following:
Medical Expenses (Past and Future)
This encompasses all costs related to treating the birth injury, including hospital stays, surgeries, physical therapy, occupational therapy, specialized medical equipment, and potential future medical interventions.
Rehabilitation Costs
Many children with brachial plexus injuries or other shoulder dystocia complications require extensive rehabilitation services to maximize their physical capabilities.
Assistive Care Expenses
Some children may need in-home nursing care, specialized educational services, or adaptive equipment throughout their lifetime.
Lost Wages
If your child has suffered shoulder dystocia, you may have lost out on wages while caring for your child as you were likely unable to work. For this reason, you should be compensated on the wages you have lost out on as a result of the liable party’s negligence that led to your child’s birth injury.
Loss of Future Earning Capacity
Permanent disabilities resulting from shoulder dystocia may limit the child’s ability to work in certain occupations or maintain full-time employment in adulthood.
Pain and Suffering
You may be eligible for compensation for the physical pain and emotional distress experienced by both the child and parents.
Loss of Quality of Life
This is damages addressing the limitations on the child’s ability to participate in normal activities, hobbies, or social experiences.
Caps on Recoverable Damages
Texas law does place certain limitations on medical malpractice recoveries, including a cap on non-economic damages such as pain and suffering. However, there is no cap on economic damages like medical expenses and lost earning capacity. Our attorneys have extensive experience navigating these legal limitations while still maximizing the compensation available to our clients. It is our goal to help you build a strong case that will allow you to recover the fair compensation you and your child deserve for the losses you may have suffered.
At Davis & Davis, our Houston birth injury lawyers collaborate with medical experts, life care planners, and economists to accurately calculate the full financial impact of your child’s injury, both current and projected. We understand that severe shoulder dystocia injuries may require care throughout the child’s lifetime, and we ensure that any settlement or verdict adequately addresses these long-term needs. With our trial-tested approach and exclusive focus on medical malpractice, we fight relentlessly to secure the compensation your family deserves for this preventable birth injury.
For a free consultation, call us at (888) 522-9444 or contact us through our contact form.
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.
