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(516) 394-4200
Shoulder dystocia is a complication that happens when one or both of a baby’s shoulders gets stuck during vaginal delivery. This can cause serious issues for both the mother and the baby. If you believe that substandard medical care was a factor in your situation, a Long Island shoulder dystocia lawyer could help you determine whether you have a malpractice case. Figuring out whether you were a victim of malpractice or suffered an unavoidable complication can be difficult. A birth injury attorney could help with this step and the rest of the legal process.
Experiencing shoulder dystocia during delivery does not automatically mean that there was medical malpractice. If the doctors, nurses, and other healthcare workers identified the complication quickly and provided appropriate care, the patient would not have a malpractice case, even if they or their baby suffered injuries. To sue for medical malpractice, the patient needs to prove that their doctor or other healthcare provider departed from the standard of care, causing an injury. If a patient experiences shoulder dystocia but is able to deliver without any injuries to themself or their baby, they would not be able to sue.
A doctor may have committed malpractice if they did not identify that the baby’s shoulder was stuck quickly enough and delayed necessary interventions. This can increase the risk of nerve damage for the baby or keep them from getting enough oxygen. Doctors will usually try interventions like maneuvering the patient to get the baby into a better position before moving to options like a C-section. Using too much force during these maneuvers can injure the baby. While doctors cannot predict who will suffer from shoulder dystocia in advance, larger babies are at greater risk. A doctor could commit malpractice by failing to identify this risk and discuss options with the patient in advance.
Unlike many other states, New York does not limit the amount of damages a court can award in a medical malpractice lawsuit. The only limit, which is set in New York Judiciary Law § 474-A, is on the fees an attorney can charge.
An injured person can be awarded both economic and non-economic damages. Economic compensation covers specific expenses like bills for medical care due to the malpractice and lost wages if the injury delays the mother’s return to work. Non-economic damages cover things like pain and suffering or emotional distress. Because birth injuries can have an especially strong emotional impact, non-economic damages can be a major part of a shoulder dystocia case. A Long Island lawyer could help a patient account for all losses in a shoulder dystocia lawsuit.
Medical malpractice cases are complicated, and it is difficult to determine whether your situation happened because of substandard care or not. A Long Island shoulder dystocia lawyer could assess your case, determine if you may have been subject to malpractice, and file a lawsuit on your behalf if you were. Hiring an attorney helps you get the best possible outcome while still focusing on recovery. Schedule your free initial consultation with Duffy & Duffy today.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
