Shoulder dystocia refers to a rare but serious complication that can take place during childbirth. If your baby has suffered harm because of a health care provider’s negligence in Baltimore or the surrounding communities, the birth injury attorneys at Lebowitz & Mzhen can explore your options with you. With nearly two decades of experience, we understand how to handle medical malpractice cases that arise from a wide range of negligent actions by health care providers.Seeking Compensation for Harm Caused by Shoulder Dystocia
Shoulder dystocia is a serious condition that takes place when one or both of a baby’s shoulders become wedged behind the mother’s pubic bone during delivery. When this happens, immediate and precise medical attention is required. Often, emergency Caesarean section surgery will be needed to remove the baby quickly to prevent a lifelong disability. Failing to identify and correct this condition can lead to severe harm for the baby, including brachial plexus damage, bone fractures, lacerations, nerve damage, Erb’s palsy, or other complications.
If your child has suffered from shoulder dystocia as a result of a health care provider’s negligence, you may be able to recover damages by filing a medical malpractice claim. These are based on harm that happens while a baby is under the care of a medical professional, due to the fact that the medical professional failed to use the appropriate standard of care expected of him or her. The standard of care can be complex but is generally defined as the level of care that another health care provider in the same specialty and area would have used for a similar patient in the same circumstances. The plaintiff must also establish that the health care provider’s failure to use the established standard of care was a direct cause of his or her harm. Since these cases involve medical procedures and decision making based upon the knowledge, training, and experience of competent medical providers, expert witnesses usually are needed to inform a jury about what went wrong and why it did. Additionally, life care planning experts and economists may be necessary to establish the full amount of damages suffered by a newborn and the newborn’s family due to medical malpractice or negligence.
Once medical malpractice has been established, a plaintiff can seek damages such as past, present, and future medical expenses, future loss of income, rehabilitation costs, pharmacy expenses, pain and suffering, and most importantly, money damages for the diminishment in the quality of life due to the unnecessary and avoidable injury. It is important to note that there is a limited time frame in which a medical malpractice claim may be filed, known as the statute of limitations. Under Maryland law, there is one statute of limitations for the parents’ claim and another statute of limitations for the injured infant’s claim. This may lead to complexities in any given case, but a knowledgeable attorney can advise a family on which time limits apply in their situation and adhere carefully to any filing deadlines.Protect Your Rights by Consulting a Baltimore Attorney for Your Medical Malpractice Claim
Health care professionals are expected to meet a certain standard of care. When it is not met, and serious injuries occur, the consequences may be devastating. While no amount of money can undo a child’s suffering, it can help ease the burden of expenses that often pile up after a birth injury. At Lebowitz & Mzhen, our medical malpractice lawyers have helped many families in Baltimore and elsewhere in Maryland pursue the compensation that they deserve for their harm. We also represent clients in Washington, D.C. and the surrounding area. To set up a free consultation, call us at 800-654-1949 or at 410-654-3600. Alternatively, you can contact us online.