Shoulder dystocia is a dangerous childbirth complication that can cause permanent injury to both the baby and the mother. If your child suffered injuries during delivery, call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation and discuss your potential claim.
Why Clients Trust Us
Shoulder dystocia cases require careful analysis of split-second delivery decisions and medical judgment. You need a legal team that can identify what went wrong and why it should have been prevented. We stand out because:
- We understand how medical teams are trained to handle shoulder dystocia and when those standards are not followed.
- We focus on securing the compensation your family needs for long-term care, therapy, and support.
- We build strong relationships with our clients so you always understand what is happening in your case.
Our Results
We have secured strong outcomes in birth injury and medical malpractice cases, including:
- $3 million settlement for a birth injury caused by negligent delivery practices.
- $4.98 million verdict for a medical malpractice case involving a critical missed diagnosis.
- $10 million settlement for a catastrophic brain injury involving lifelong care needs.
These results reflect our ability to handle complex and high-stakes medical cases.
How Shoulder Dystocia Happens
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. This creates a medical emergency that requires immediate action. When not handled correctly, shoulder dystocia can lead to:
- Brachial plexus injuries affecting arm movement.
- Erb’s palsy or permanent nerve damage.
- Fractures of the collarbone or arm.
- Oxygen deprivation leading to brain injury.
- Serious maternal injuries, including tearing or hemorrhage.
Quick recognition and proper technique are essential to avoid these outcomes.
Medical Errors that Lead to Shoulder Dystocia Injuries
Many shoulder dystocia injuries result from avoidable mistakes during labor and delivery. Common failures include:
- Failure to identify risk factors such as large fetal size or maternal diabetes.
- Use of excessive force during delivery.
- Delay in performing accepted maneuvers to release the shoulder.
- Failure to call for additional medical assistance.
- Delay in transitioning to an emergency cesarean section.
These errors can turn a manageable complication into a life-altering injury.
West Virginia Law and Birth Injury Claims
West Virginia law allows families to pursue compensation when medical negligence causes injury during childbirth. Under West Virginia Code §55-7B-3, health care providers must meet the accepted standard of care:
“The health care provider failed to exercise that degree of care… ordinarily exercised… by a reasonably prudent health care provider.”
The state also follows a modified comparative negligence rule under §55-7-13a. This means a plaintiff (injury victim) may recover damages if they are less than 50 percent at fault. Any compensation is reduced in proportion to the percentage of fault.
For example, if a family is awarded $200,000 but found 10 percent to blame, the recovery would be reduced to $180,000.
How a Charleston Shoulder Dystocia Lawyer Can Help
Shoulder dystocia cases depend on detailed medical evidence and expert analysis. Legal representation is critical to understanding what occurred during delivery. A Charleston medical malpractice lawyer can:
- Review labor and delivery records for errors or delays.
- Work with medical experts to explain how the injury occurred.
- Establish whether proper techniques were used.
- Identify all responsible providers and facilities.
- Calculate the value of your claim.
- Negotiate with insurance companies to pursue a settlement that reflects the true cost of lifelong care.
- Prepare the case for trial from the outset to protect your right to full compensation if a fair resolution is not offered.
Contact Us Today
A shoulder dystocia injury can affect your child’s future in lasting ways. You deserve answers and accountability. Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation.
