Settlements for Shoulder Dystocia

Shoulder dystocia is a labor and delivery complication that occurs during labor and delivery when an infant’s head can get through, but one of his or her shoulders get stuck such as a health care provider needs to maneuver properly to get him or her out from behind the mother’s pelvis. In a normal delivery, the baby is delivered in the course of a progression of contractions, but in a shoulder dystocia case, the baby may get trapped and suffer various harms as a result. If your child was harmed by complications from shoulder dystocia that were inappropriately addressed and he or she suffered injuries as a result, you and your child may need to seek counsel from a trustworthy Syracuse birth injury lawyer. At DeFrancisco & Falgiatano Personal Injury Attorneys, we provide knowledgeable and a tenacious legal representation to families who have been harmed as the result of a health care provider’s professional negligence.

Shoulder dystocia, along with related brachial plexus injuries, happen in many deliveries in the country every year. Sometimes the use of forceps or vacuum extraction is appropriate, but an obstetrician-gynecologist with insufficient training or experience in these techniques, or who makes a mistake performing them, may cause harm to the baby. For instance with forceps, the infant’s head may be unduly pulled or lacerated.

Not every case in which shoulder dystocia occurs is a viable basis for a medical malpractice lawsuit. It is crucial to talk to seasoned birth injury lawyers about your particular situation. When shoulder dystocia does involve medical malpractice, it may be appropriate to sue for damages.

To establish your provider’s liability, we must need to prove it’s more likely than not: (1) the defendant owed you and your baby a professional duty of care in connection with shoulder dystocia, (2) the defendant breached this duty, (3) the breach caused injuries, and (4) actual damages. For instance, if an obstetrician-gynecologist could see prior to labor and delivery that the size of the baby was such that he might get stuck behind the mother’s pelvis, and a reasonably competent provider in that situation would have ordered a C-section rather than let a very difficult vaginal birth occur, but yours did not order the C-section, our lawyers may be able to establish liability to recover damages.

Only a small number of cases go to trial. The majority settle out of court either informally, through the services of a mediator, or on the courthouse steps on the way to trial. Numerous factors go into the settlement, including the reputation of the plaintiffs’ lawyers, but also the presentation of the plaintiffs, the personalities of those on the defense side, the severity of the injuries, and whether liability is clear or contestable by the defendant. In some cases, a mediator can help each side understand weaknesses in its case, but in others, it’s necessary to prepare aggressively for trial to recover necessary compensation.

Damages we may be able to recover include economic and noneconomic losses flowing from the improperly treated shoulder dystocia. The appropriate amount of these damages depends on the extent of the harm done to the baby. Sometimes the mother also suffers complications of shoulder dystocia such as uterine rupture, vaginal lacerations, anal tears, or post-partum hemorrhage, and the expenses and psychological distress involved may be compensable as well.

Sometimes a severely injured baby receives a financial windfall after winning or settling a birth injury lawsuit. In some cases, it is appropriate to set up a structured settlement for your child. In these arrangements, money is paid out at certain intervals to ensure the child has enough the rest of his or her life, which is appropriate when injuries are severe, and treatment is likely to be long-term. Generally, a structured settlement can preserve as much of the damages award as possible until the child turns 18.

If you believe your baby was harmed by mistakes made during labor and delivery, you should call an experienced trial attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Attorneys, we represent babies and their families in Syracuse, Rochester, and other places in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. Please contact us at 833-200-2000 or complete our online form.