Shoulder Dystocia

If your baby was injured at birth and is suffering from shoulder dystocia, you need to reach out to an experienced medical malpractice attorney who can assess the details of your case. At Burgos & Burgos, LLC, we can examine the facts of your situation and develop an opinion on whether malpractice took place. If we take your case, you can rest assured that our Maryland shoulder dystocia lawyers will craft an aggressive legal strategy to pursue the compensation that you deserve for your harm. We have assisted many families dealing with shoulder dystocia, cerebral palsy, or other birth injuries in Montgomery and Prince George's Counties, as well as in Washington, D.C., and we can help you as well. Each member of our staff speaks Spanish fluently and can assist our clients in that language if they prefer.

Shoulder dystocia takes place during birth when, after the delivery of the baby’s head, the baby’s shoulders are unable to pass through the birth canal. Put another way, shoulder dystocia is a serious condition that occurs when one or both of a baby’s shoulders become wedged behind the mother’s pubic bone during delivery. According to the American Academy of Family Physicians, shoulder dystocia occurs in one percent of natural births. However, 20 percent of affected babies suffer temporary or permanent injuries.

Doctors and nurses are taught to follow certain protocols when they recognize shoulder dystocia. In other words, the condition requires immediate and precise medical attention. Often, an emergency Caesarean section surgery will be needed to deliver the baby because the umbilical cord may be compressed, cutting off oxygen to the baby’s brain. Lack of oxygen to the brain can cause severe harm to the baby and can lead to conditions such as Erb’s palsy, cerebral palsy, brain injuries, brachial plexus injuries, and a number of other conditions that can be detrimental to the baby as well.

Shoulder dystocia is an avoidable condition that your child should not have to suffer. If your child has suffered from this condition, a shoulder dystocia attorney in Maryland will likely be able to help you recover damages through a medical malpractice lawsuit. Medical malpractice occurs when a physician, nurse, hospital, or other health care provider fails to use proper care when treating a patient, thereby causing an injury or death. In order to win on such a claim, the plaintiff must prove certain factors. First, the plaintiff must show the existence of a duty, namely that the health care provider being sued owed a duty of care to the patient. Second, the plaintiff must show that the duty of care was breached. This involves demonstrating that the health care provider failed to adhere to the standard of care expected of them under the specific circumstances. Third, the health care provider’s failure must have been the direct cause of the injury or death to the patient. Lastly, the patient must have suffered quantifiable harm. Each of these factors must be shown in order for a plaintiff to be able to recover damages.

As with any other type of claim, medical malpractice cases in Maryland are required to be filed within a certain time frame, known as the statute of limitations. These time frames can be confusing to potential plaintiffs, which is one reason why it is important to have a skilled lawyer on your side who can examine your case and help you make sure to meet the appropriate legal deadlines.

If your child suffered from shoulder dystocia at birth, there is a strong chance that medical negligence may be to blame. At Burgos & Burgos, LLC, our injury attorneys understand how to navigate complex medical malpractice cases and can apply our knowledge to your situation. You can trust that we will fight for your right to recover compensation throughout the entire legal process. We represent families in Gaithersburg, Germantown, Silver Spring, Wheaton-Glenmont, Takoma Park, and Hyattsville, as well as other areas of Montgomery and Prince George's Counties and in Washington, D.C. For a free legal consultation with a Maryland shoulder dystocia attorney, call us at (301) 681-1111 or contact us online. We are also available if you are considering pursuing a claim following a misdiagnosis or another incident of medical malpractice.