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A shoulder dystocia claim is a personal injury lawsuit that is filed on behalf of a person who has been injured by shoulder dystocia birth complications. A shoulder dystocia claim is typically filed against a negligent medical professional who caused, in whole or part, a victim' shoulder dystocia injuries. The medical professional is the defendant and the victim is the plaintiff in a shoulder dystocia claim.
A shoulder dystocia claim is sought by a plaintiff to provide relief from the damages caused by shoulder dystocia. Through a shoulder dystocia claim, an individual can seek compensation for medical expenses, loss of income, disability, and pain and suffering. In order to secure a successful outcome in a shoulder dystocia claim case, the plaintiff and his/her legal counsel must be able to prove that the shoulder dystocia damages they suffered were the result, in whole or part, of medical malpractice.
Medical malpractice is defined as an intentional act or negligence committed by a medical professional that does harm to a patient under their care. Medical negligence is a failure to deliver the standard of care and prudence that a reasonable medical professional would under similar circumstances. Through a shoulder dystocia claim, the plaintiff will have to prove that medical negligence was involved in the damages that were caused as a result of this birth injury.
To the victim, it may not be clear that medical malpractice caused or contributed to a person's shoulder dystocia injuries. Because many patients lack the medical expertise to identify cases of medical negligence, it is helpful to contact a professional who is trained to identify these situations. An attorney has professional experience identifying these cases, gathering pertinent information, securing expert medical testimony, and all other elements of building a strong shoulder dystocia claim.
A shoulder dystocia claim can be valuable to a victim who has suffered long term losses as a result of shoulder dystocia injuries. Shoulder dystocia occurs when a baby's shoulder becomes impacted on the mother's pelvic bone during child birth. Shoulder dystocia risk factors can include a number of maternal and fetal conditions present during pregnancy. A shoulder dystocia claim may be appropriate in these cases when a doctor failed to identify and address these risk factors during pregnancy.
A shoulder dystocia claim may also be a viable legal option when the doctor employed forceful assisted delivery techniques or failed to follow medical protocol for difficult child delivery. Regardless of exact cause, shoulder dystocia can lead to maternal and child injuries including maternal hemorrhage, uterine rupture, fetal hypoxia, brachial plexus palsy, clavicle or humerous fractures, and more. These injuries may spontaneously resolve or may take considerable medical intervention to manage and improve a patient's condition.
If you or a loved one has been injured in a difficult childbirth, you may wish to contact a legal professional who can advise you of your rights to a shoulder dystocia claim.
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