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Shoulder Dystocia During Birth:
How a Lawyer Can Help?

Giving birth


Having a healthy child is every parent's dream. Unfortunately, sometimes things don't go as planned, and a child is born with birth defects or injuries. Shoulder dystocia is a common birth injury that can happen during childbirth. When this happens, a parent may feel like the doctor was negligent or that their baby didn't deserve to be born this way.

Here is what you need to know about shoulder dystocia during birth and how an attorney can help.

What is Shoulder Dystocia?

Shoulder dystocia is a serious complication that can occur during childbirth. It happens when your baby's shoulders get stuck as they pass through the birth canal, which can cause serious medical issues for both mother and child. Shoulder dystocia is more common in first-time mothers, women who have had multiple pregnancies, or overweight women.

This injury is preventable if the doctor or midwife takes the time to examine the mother's condition and ensure her pelvic opening is wide enough for the baby's shoulders to pass through. If not, then the doctor should do an emergency C-section.

How an Attorney Can Help?

If you are experiencing complications, it's important to know about your legal rights and the best steps to take for support. A lawyer can help you find support and understand your rights and what will be involved if you choose to pursue a legal battle against your doctor or hospital after shoulder dystocia occurs during childbirth.

A lawyer can evaluate your case and help you decide whether or not to pursue legal action. If you choose to fight, the lawyer can help you file for a shoulder dystocia claim settlement and navigate the legal system fighting for your rights. If you are willing to go to trial, your lawyer will help you prepare an argument to prove that the facility or doctor was negligent in causing shoulder dystocia.

The lawyer will also help you gather information and evidence. This includes getting medical records from the hospital or other facilities involved in your delivery, which may be necessary to prove negligence on behalf of the facility or doctor. Your lawyer can also help gather information about any medical issues that may arise in the future for yourself or any children that are born from this incident.

If a doctor or hospital is found to have acted negligently, they may be liable for the damages that result from shoulder dystocia. This can happen if the doctor or hospital did not take steps to prevent shoulder dystocia, such as examining the mother's pelvic opening before delivery or offering a different delivery position.

The damages awarded in a shoulder dystocia claim can vary depending on the circumstances and the severity of your injuries. For example, suppose a doctor or facility is found to have acted negligently. In that case, they could be held liable for medical expenses and future medical costs related to your child's injury and any pain and suffering caused by shoulder dystocia.

If you choose to settle with the facility, your lawyer will negotiate a confidential settlement that treats you or your baby. You may negotiate a settlement for compensation for the injuries related to your shoulder dystocia. You may also receive reimbursement for the medical expenses incurred during recovery.

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