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A Shoulder Dystocia Attorney Can Recover Rightful Compensation


Shoulder dystocia occurs when a child’s shoulders get trapped behind the mother’s pubic bone during birth, leading to nerve damage. This can have devastating consequences for the baby, such as brachial plexus injury, bone fractures, contusions, paralysis, and even death. The mother too can suffer injuries such as lacerations, hemorrhaging or uterine rupture.

If your doctor fails to take immediate steps or perform the necessary maneuvers during childbirth, this dangerous complication can impact your infant's ability to lead a normal life. If you suspect medical negligence led to you or your child's injuries, Paul M. da Costa, a shoulder dystocia attorney, and his associates from the Roseland office of Snyder Sarno D'Aniello Maceri & da Costa LLC, can help you recover compensation for your expenses, pain and suffering, and other losses.

Causes and Risk Factors

There are some key risk factors, such as the baby being heavier than average, or the mother being diabetic, that can help in early detection and intervention in cases of shoulder dystocia. Other warning signs include:

  • Previous history of childbirths involving shoulder dystocia
  • The baby's body being large in proportion to its head
  • The mother having a small pelvis
  • Maternal obesity
  • The pregnancy going beyond full term
  • The mother carrying more than one fetus

Once these risks are identified, it is the responsibility of healthcare professional to closely monitor these patients and take appropriate steps.The only methods of preventing shoulder dystocia available to a doctor include elective cesarean, induction of labor, or trying to control fetal weight gain through maternal diet.

Many long-term injuries can be caused due to improper techniques such as excessive force trying to correct shoulder dystocia during childbirth.

In some cases, an improper birthing position, faulty administration of an epidural, or the use of forceps and vacuum extractors during delivery can increase the risk of shoulder dystocia.

However, it should be noted that shoulder dystocia can occur even when no risk factors are present. In any case, it is critical that the doctor reacts quickly and calmly when the baby's shoulder gets stuck in the birth canal, and initiate standard maneuvers to ensure safe delivery. Depending on the circumstance, the doctor should either perform an emergency Caesarean section or move the infant into proper birthing position. The doctor needs to follow emergency management techniques if the initial attempts do not succeed, and the failure to do so can be classified as actionable medical malpractice

Many long-term injuries can be caused due to improper techniques such as excessive force trying to correct shoulder dystocia during childbirth. The medical complications can include broken bones, Erb's Palsy, brain damage, and nerve damage.

How your Birth Injury Lawyer Can Help

If the failure to follow proper medical standards has injured you or your child, your dedicated and skilled attorney Paul M. da Costa and his associates can protect your rights and collect damages for your losses. Paul M. da Costa is a skilled attorney at the firm of Snyder Sarno D'Aniello Maceri & da Costa LLC. His exceptional work in the field of medical malpractice and catastrophic injury cases has earned him a place on Thomson Reuters' New Jersey Super Lawyers Rising Stars list on six occasions since 2008.

Your lawyer will painstakingly gather the evidence required to establish a case of medical malpractice, and record the true amount of losses sustained, be it the economic damages of additional medical expenses and long-term care, or the non-economic damages of pain and suffering caused to your family. New Jersey caps punitive damages at $350,000, or at five times the amount of non-punitive damages, whichever is greater.

Reach Out Today

Childbirth should be a cause of joy, and not the source of pain and sadness. If you believe you have suffered due to a third party's negligence in a shoulder dystocia case, contact us to schedule a consultation with Paul M. da Costa and his associates, who can protect your interests.

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"I was involved in a VERY complicated and tumultuous child custody, divorce, domestic violence case for two full years. I was fortunate enough to be represented by one of the top matrimonial teams in the state of NJ, and the outcome in my case exceeded my every expectation." - Former Client

"Paul personally stood by my side and represented me throughout my injury case. Whether it was business at hand, advice, or a late night phone call to help me understand what was going on; he never took a step back towards helping me. I knew that I could call on him at any time . My case was very successful and I attribute that to Paul's dedication . He even came to me during a snow storm when I could not make it to his office. I certainly would recommend him to anyone." - Former Client

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