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Shoulder dystocia is a medical emergency that occurs when a newborn’s shoulders get stuck during vaginal delivery. In efforts by doctors to free the shoulders and complete delivery, babies may suffer nerve and muscle damage, paralysis, fractures to the arms and collarbones, Erb’s palsy, and, in rare instances, Horner’s syndrome, which is a neurological disorder that affects the eyes and face.
While shoulder dystocia cannot always be predicted, there are risk factors that make it more likely to happen, such as when a baby is excessively large or labor is prolonged. Doctors should understand if their patients are high risk. If children are injured because doctors fail to take appropriate steps to prevent shoulder dystocia in high-risk cases or if they don’t use correct methods to free the shoulders when it does occur, they can be held liable for negligence.
If your child suffered injury from shoulder dystocia and you believe negligence was involved, the Palmer Law Group can advise you whether you may have a claim for compensation. Our experienced medical malpractice attorneys strongly advocate for clients in birth injury cases. Reach out to schedule a free consultation with a Kansas shoulder dystocia attorney.
A Kansas shoulder dystocia lawyer from Palmer Law Group may be able to obtain significant compensation to pay for your damages. Call us at (785) 233-1836 to learn your legal options.
Our attorneys at the Palmer Law Group are not only experienced legal advocates, we are also compassionate people. We have helped many parents in Kansas navigate emotionally difficult birth injury cases and achieve beneficial outcomes. When you choose us to handle your case, you can trust that we will work with you with understanding of what you are going through and be available to quickly address your questions and concerns. You can also trust that our attorney team has the knowledge that it takes to negotiate or litigate successful results in injury claims.
When you meet with a Kansas shoulder dystocia attorney from our law firm in a free consultation, you will learn whether you may have a case against your doctor. If you do, we will strongly advocate for your right to compensation. And if we don’t believe there is sufficient evidence in your case to move forward with a claim, we will tell you that, too. We are honest and ethical attorneys who will always be straight with you.
Bringing a successful malpractice claim against a doctor is a complex and stressful undertaking. Your doctor is not going to readily admit fault. So it must be proven that the doctor failed to provide the accepted standard of care that another doctor would have under similar circumstances.
You should be able to focus on your child and family at this time and not worry about fighting with a health care provider and their insurance company. As highly experienced medical malpractice attorneys, we know what it takes to resolve birth injury claims. We will take on the battle for you.
We will investigate all of the evidence. Types of evidence will include medical records, your doctor’s background and whether there have been previous claims filed against him or her, and eyewitness statements. We will also seek the testimony of medical experts with similar experience and training in obstetrics.
Our Kansas shoulder dystocia lawyer will fill out and file claim paperwork. We will assess what your claim may be worth and work to negotiate a fair settlement with the insurer. If a settlement cannot be reached, and depending on the facts involved and your goals, we will advise you about going to trial and represent you in the courtroom.
This is only an overview of how we can help you. There are many other steps in a claim that we will handle for you. We will guide you throughout the entire process.
As medical malpractice lawyers, we receive many questions about the claim’s process. Here are broad answers to some of them.
How do you prove shoulder dystocia was due to malpractice?
There are several steps to proving negligence and malpractice. They include establishing that your doctor owed you a duty of care; they failed in that duty, which directly caused your child’s injuries; and you suffered damages due to the injuries. We will not leave any stones unturned in investigating the evidence in seeking to prove negligence.
I am afraid of testifying against my doctor–what are the chances my case will go to court?
The majority of medical malpractice cases reach settlements with insurance companies. We will work hard to settle your claim for a fair amount. If a settlement cannot be reached and it is in your interests and goals, we will take your case to court. We always thoroughly prepare as if we are going to trial so that insurers can see how serious we are and that we are ready to go all the way, which can serve to encourage settlement.
How much money can I get in a malpractice claim?
How much your case may be worth depends on injury severity, the strength of the evidence against the doctor, and your damages. Damages you may claim include medical costs, lost qualify of life of your child, pain and suffering, disability and more. Once our Kansas shoulder dystocia attorney assesses your case, we can advise you about its possible value.
For answers specific to your case, please contact our firm to speak directly with one of our attorneys.
The Kansas statute of limitations generally gives two years from the date of delivery to file medical malpractice lawsuits in shoulder dystocia cases. If the injury was discovered at a later date, the clock begins running on the date of discovery. However, in no case can a medical malpractice lawsuit be filed more than four years after the date your child was delivered and suffered shoulder dystocia. While this deadline may seem long, if you are considering a claim, the sooner you speak to an attorney, the better. If you wait too long, critical evidence can become lost and witnesses memories may fade, which will make it harder to prove your case.
If your baby suffered injuries during birth, reach out to us to learn your options for filing a legal claim. You could collect significant compensation to pay medical costs for your child and other damages.
You can schedule a free consultation with an effective Kansas shoulder dystocia lawyer at Palmer Law Group by calling (785) 233-1836. We look forward to learning how we can help you.
LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]