New York City Shoulder Dystocia Attorneys
Shoulder Dystocia Birth Injury Lawsuits
Was your child born with shoulder dystocia? If it happened because of a medical practitioner’s mistake, then you and your child could be owed significant compensation. But fighting a medical professional or institution in a lawsuit is never simple.
To give yourself a fair chance of getting the financial compensation your child will need to recover from or live comfortably with shoulder dystocia, team up with Rubenstein & Rynecki in New York City. We are one of the city’s most trusted law firms for birth injury cases and medical malpractice claims. Let us put our experience to good use for you!
Contact us today and request a no-cost consultation with our firm.
What is Shoulder Dystocia?
Shoulder dystocia is a form of birth injury or trauma that involved damage to the shoulder, upper arm, and sometimes the neck. It happens when one or both of the infant’s shoulders gets lodged in the birth canal and against the mother’s pelvis due to mispositioning or other complications. In many cases, shoulder dystocia is exacerbated by a delivering doctor’s or nurse’s forceful pulling of the child to complete the delivery, which can be considered a form of medical negligence.
Complications of shoulder dystocia can include:
- Infant suffers a clavicle fracture
- Infant suffers a brachial plexus injury
- Infant experiences lifelong arm paralysis
- Infant never gains full use of the affected arm
- Mother suffers vaginal or perineal tears
- Mother suffers postpartum bleeding
With immediate medical attention and corrective measures, many cases of shoulder dystocia can be treated. Lifelong complications might be avoided entirely if the response to the early signs of shoulder dystocia is adequate. Most shoulder dystocia birth injury claims involve serious injuries that will impact the baby’s and/or mother’s life forever.
How is Shoulder Dystocia Caused?
As mentioned, shoulder dystocia is caused when a newborn gets stuck in the birth canal, their shoulder is caught on the mother’s pelvis, and the doctor pulls too forcefully on the child. But the underlying cause for this situation is what is arguably more important for the validity of your claim. What did the medical team do incorrectly, and would it have been reasonably avoided by another medical team in the same situation? We will want to prove that your child was born with shoulder dystocia and that it was caused directly by some form of medical negligence.
Shoulder dystocia can be caused by a medical professional who:
- Is not familiar with handling complicated births.
- Has not delivered a mispositioned child before.
- Does not order a C-section when it is medically necessary.
- Rushes through the delivery process.
Who is Liable for Your Compensation?
Liability in a birth injury claim can be complicated to establish. In legal terms, liability is a party’s fault for the claimant’s or plaintiff’s losses and damages. The more liable a party is, the more compensation it can owe to the injured party. In a birth injury case like a shoulder dystocia claim, compensation can be owed to the child and the child’s parents.
But who is liable for your child’s shoulder dystocia and its consequent complications? It could be the medical team that directly handled the birth. Or it could be the medical institution that allowed that team to practice in its clinic. Even an obstetrician could share the liability if they failed to notice warning signs of birth complications that would call for an emergency or scheduled C-section.
We can work diligently to dig through evidence and pinpoint liability. Whether we have to file against one or more parties and insurance parties, we can take the fight right to them and on your behalf.
Protect Your Child’s Future – Call Now
With your child’s future health potentially on the line, you should not risk your birth injury claim on an inexperienced legal team. Choose the New York City shoulder dystocia attorneys from our firm to rest comfortably in the knowledge that we have extensive experience and a long history of positive case results. You can depend on us through thick and thin, and we would love to get the chance to prove it to you.