Foley Alabama Attorneys
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Shoulder dystocia is damage that can occur during delivery if an infant’s shoulders get stuck in the mother’s birth canal. This is not an uncommon occurrence, and medical professionals should be able to handle the situation without injuring the mother or child by following the accepted standard of care for such situations. However, this doesn’t always happen, and the child suffers preventable injuries. The result can be lifelong disability, pain and suffering, and the need for expensive continuing care.

If your child has suffered a shoulder dystocia injury due to negligence or medical mistakes made by medical professionals including doctors, nurses, midwives, paramedics, anesthesiologists or hospitals, you may be entitled to compensation. However, Alabama medical malpractice laws are complicated, proving fault can be difficult, and medical professionals and their insurance companies and lawyers will do everything possible to avoid paying.

Fortunately, you do not have to fight for compensation alone. At Caldwell Wenzel & Asthana, our skilled birth injury attorneys know medical malpractice law and how insurance companies operate. We are fully prepared to conduct investigations into how and why your child’s injuries occurred, find all responsible parties, and handle all legal hurdles involved with winning a fair settlement that can provide the care your child needs now and into the future.

We offer a free consultation to discuss your case and determine the best path to compensation. Call us today to get started at 251-444-7000.


How Our Shoulder Dystocia Injury Lawyer Can Help


Why Choose Us?

There are many lawyers out there, and it is important to find one who can aggressively negotiate and litigate claims of shoulder dystocia complications during birth. Here are some reasons why Caldwell Wenzel & Asthana is your best choice:

  • Our seasoned attorneys have the experience you need. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
  • We have outstanding client victories and proven case results getting the largest payouts possible. We win big, including an $8,000,000 Medical Malpractice case, and are highly recommended by many satisfied clients.
  • We offer an attractive attorney referral program, and consider it the highest compliment when we receive referrals from our esteemed colleagues, past clients, lawyers, and judges.
  • We know how to deal with insurance companies and how to negotiate a settlement out of court, but we are also skilled litigators fully prepared to take your case to trial if necessary.
  • We are available. When you hire us, you receive our full attention, compassion, and commitment.
  • We offer free, no-obligation consultations and work on a contingency basis so there are no fees to you unless and until we win your case.

Our Shoulder Dystocia Birth Injury Lawyer Works for You

When you have Caldwell Wenzel & Asthana on your side, we start working on your case immediately. We will:

  • Meet with you to hear how your child’s birth injury happened, determine whether you have a valid medical malpractice case and who the at-fault parties may be, and calculate what settlement to go after.
  • Investigate the case and gather evidence to help prove another party’s negligence, through medical reports and records, photographs and videos, and interviews with medical professionals and witnesses.
  • Hire medical malpractice experts to help determine fault and experts to testify as to the extent of your child’s injuries, how they will affect your child and family, and the costs of care your child will need into the future.
  • Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement.
  • Build and your case and take it to court if necessary.

The sooner you call our Alabama shoulder dystocia attorney, the better, as we can start working while evidence is available and witnesses can be found.

Foley, Alabama Lawyers
CALL NOW 251-444-7000

Shoulder Dystocia and Birth Injuries

Shoulder dystocia is a preventable complication of childbirth that, if not diagnosed quickly, can result in serious harm and permanent injury. Shoulder dystocia can be caused when the baby’s head exits the birth canal but the shoulders become stuck behind the mother’s pubic bones. When this happens, there are several safety techniques medical professionals should take to prevent injuries from shoulder dystocia. If they do not, serious injuries may occur.

Shoulder Dystocia Complications During Birth

When medical professionals fail to recognize potential for and symptoms of shoulder dystocia and do not take quick and careful action to avoid serious complications, the following injuries may occur:

  • Brachial plexus nerve damage – These nerves supply the sensory and motor components of the shoulder, arm and hands. Injury to the nerves may result in Erb’s palsy (also called Klumpke’s palsy or Brachial plexus palsy), and permanent loss of finger, hand or arm function.
  • Fractures of the clavicle or humerus bones.
  • Lacerations and hemorrhages.
  • Fetal birth asphyxia due to lack of oxygen, which may cause brain damage, cerebral palsy, or even death.

In addition, failure to deal appropriately with shoulder dystocia can lead to damage for the mother, including hemorrhaging, lacerations, tearing or bruising of the cervix, bladder, rectum, or vagina, and uterine rupture.

Negligence by Medical Professionals

Medical professionals have a duty to follow the generally accepted standard of care, be proactive, and take every step possible to prevent birth complications such as shoulder dystocia. For example, the size of the mother’s pelvis should be measured at the first prenatal visit and a thorough history should be taken to determine if the mother has any risk factors for shoulder dystocia. If problems occur during delivery, doctors should have a delivery plan in place that utilizes the proper techniques and maneuvers necessary to effectively relieve the risk of shoulder dystocia during and after delivery.

Under Alabama law, Alabama Code § 6-5-548, to win your case, our attorneys would have to show that the health care provider failed to exercise the reasonable care, skill, and diligence that other similarly situated health care providers in the same general line of practice ordinarily would in a similar situation. This involves showing the existence of the following legal elements:

  • Duty. The medical professional had a duty of care not to cause harm and to follow the accepted standard of care to prevent shoulder dystocia.
  • Breach. The professional breached this duty by acting or failing to act in accordance with the standard of care.
  • Cause. This breach caused injuries
  • Damages. As a result, you and your child suffered actual damages such additional medical expenses.

Our Alabama shoulder dystocia attorneys will establish the appropriate standard of care, then conduct investigations, gather evidence, and get expert medical testimony to prove that as a result of the sub-standard care, your child suffered harm from shoulder dystocia.

Compensation Our Shoulder Dystocia Attorney May Recover

Injuries from shoulder dystocia can be expensive to treat and may necessitate continuing care for a lifetime. Negligent parties should be held liable for the damages – the costs and losses that result from shoulder dystocia.

In a successful lawsuit, you may receive a damage award that covers your economic damages for calculable costs, such as medical, rehabilitation, therapy and ongoing care expenses. You may also receive restitution for non-economic damages that do not have a specific dollar value but negatively impact quality of life, such as disability and mental, emotional, and physical pain and suffering.

Punitive damages may also be awarded in rare cases when the defendant acted in an especially egregious or malicious way (such as delivering a baby while under the influence of drugs or alcohol).

Shoulder Dystocia Attorney in Alabama Answers FAQs

Dealing with an injured newborn is frightening and overwhelming, and you are bound to have questions. We can best address your specific concerns at your free consultation, but to get started, here are some answers to questions our birth injury attorneys are often asked:

Are there time limits for filing a lawsuit?

Yes, Alabama has a statute of limitations that sets time limits for filing. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the birth injury or six months after the discovery of the injury to file a claim or the courts are likely to refuse to hear your case.

How much compensation will I be awarded?

There are a wide range of compensation awards possible for shoulder dystocia, from the thousands to millions of dollars. The amount you receive depends on the circumstances of the case and factors such as the extent and permanence of the injury, the costs of care, the effects on the ability to live a normal life, and the degree of negligence involved.

What if my child died during the birth process?

In the tragic situation where shoulder dystocia causes death, such as when oxygen is shut off from the brain for too long, our attorneys may be able to file a wrongful death claim. Under Alabama law (Section 6-5-410 of the Code of Alabama), our attorneys can win a punitive damage award that is paid directly to the family members, and compensation may cover funeral and burial costs, in addition to other damages.

Our Alabama shoulder dystocia lawyers know how difficult it is to be dealing with an injured child and that a lawsuit can add to the stress. Rest assured that we will be there for you throughout the entire legal process, answering your questions and keeping you informed.

Get Help from Our Alabama Birth Injury Lawyer

When your doctor, medical team or medical facility is negligent, and your newborn is faced with the hardships caused by shoulder dystocia, you and your child deserve compensation to help with the costs and burdens that result. The compassionate birth injury attorneys at Caldwell Wenzel & Asthana are here to help you get justice and fair compensation.

If you even suspect that medical negligence may have been responsible for your child’s injuries, call us today for a free initial consultation at (251) 444-7000. There are no fees to you unless and until we win your case.

Foley, Alabama Lawyers
Get Help Now (251) 444-7000