How Does Medical Negligence Cause Shoulder Dystocia?
While not all cases of shoulder dystocia are preventable, many occur due to avoidable mistakes during labor and delivery. Medical professionals have a duty to monitor pregnancies and manage deliveries with care to avoid complications. When they fail to do so, the results can be life-altering.
Common Negligent Actions Include:
- Improper use of delivery tools: Misuse of forceps or vacuum extractors can worsen complications.
- Delayed emergency response: Failing to perform a cesarean section in a timely manner when complications arise.
- Mismanagement of shoulder dystocia: Using excessive force or improper maneuvers to free the baby’s shoulders.
- Failure to identify risk factors: Overlooking signs such as high birth weight, maternal diabetes, or breech presentation during prenatal care.
Our legal team at James Wood Law will meticulously investigate your case, uncover evidence of negligence, and build a strong claim on your behalf.
To do this, we obtain and review all relevant prenatal records, labor and delivery notes, and fetal monitoring strips, and we may consult with qualified medical professionals who understand proper responses to shoulder dystocia emergencies. We also look closely at how decisions were made in real time, including whether an earlier induction, cesarean delivery, or transfer to a higher level of care would have been appropriate. By comparing the actions taken in your case with accepted medical guidelines and what reasonably careful providers in Santa Fe and throughout New Mexico would have done, we work to show how negligence contributed to your child’s injuries.
Why Santa Fe Families Trust James Wood Law in Shoulder Dystocia Cases
Filing a shoulder dystocia injury claim requires a deep understanding of complex medical and legal details. At James Wood Law, we are proud to provide families in Santa Fe with compassionate, results-oriented representation during the most challenging times.
Why Choose Us?
- Proven track record: With decades of experience in medical malpractice cases, we have helped countless families secure the compensation they need.
- Client-centered focus: We take the time to truly understand your family’s needs and craft tailored legal strategies.
- Local knowledge: Our understanding of Santa Fe’s medical and legal frameworks ensures effective representation in your community.
- No upfront costs: You do not pay attorney fees unless we recover compensation for you, reducing financial stress during this difficult time.
We are dedicated to easing your burden and fighting tirelessly for the justice and restitution your family deserves.
Our work on shoulder dystocia cases often involves appearing in New Mexico courts, including the First Judicial District Court that serves the Santa Fe area, and navigating procedures that can be confusing for families who have never been involved in litigation. We guide you through each step, from filing the complaint to discovery, settlement discussions, and trial when necessary, so you always know what to expect and can make informed choices about your case.
Understanding New Mexico Medical Malpractice Deadlines
One of the most important issues in any birth injury case is timing, because medical malpractice claims in New Mexico must be filed within specific legal deadlines known as statutes of limitations. These rules determine how long you have to bring a claim based on when the injury occurred and when it was discovered. Families dealing with the intense demands of caring for an injured child may not immediately realize that time is already running, which can put their right to compensation at risk if they wait too long to speak with a lawyer.
In shoulder dystocia cases, those deadlines can be affected by factors such as whether the provider worked for a private hospital or a government-affiliated facility, and whether the claim is being brought on behalf of the child, the parents, or both. We help you understand which laws apply to your situation, what notices or filings must be made, and how treatment at Santa Fe–area hospitals may impact the timing of your claim. When you consult with a shoulder dystocia attorney Santa Fe families turn to for guidance, we review the timeline of events with you early on so that critical filing dates are not missed.
Because every case is different, we encourage families to reach out as soon as they suspect something went wrong during labor or delivery, even if they are not yet sure they want to pursue a lawsuit. An initial consultation allows us to evaluate whether there is enough time to investigate thoroughly, request and review records, and consult with medical professionals before any deadlines expire. Taking this step preserves your options and helps ensure that, if you decide to move forward, your case can be filed in the appropriate New Mexico court within the time allowed by law.
Compensation for Shoulder Dystocia Cases
Caring for a child injured by shoulder dystocia often requires significant financial resources for medical procedures, therapies, and daily care adjustments. At James Wood Law, we aim to recover maximum compensation for all the ways your family has been impacted.
Potential Compensation Includes:
- Medical expenses: Covering neonatal care, surgeries, and ongoing treatments.
- Physical and occupational therapy: Helping your child regain mobility and strength.
- Care assistance: Funds for long-term caregiving or special rehabilitation equipment.
- Pain and suffering: Compensation for the emotional and physical toll on your family.
- Parental support: Reimbursement for wages lost while caring for your child.
By thoroughly evaluating your damages, we ensure no cost or hardship is overlooked in your claim.
We also consider how your child’s needs may change over time, including the possibility of future surgeries, adaptive equipment, or in-home assistance as they grow. Many families must plan for modifications to their homes or vehicles, additional educational support, and counseling to help cope with the trauma associated with a birth injury. By working closely with medical and financial professionals, a shoulder dystocia attorney in Santa Fe can present a clear picture of these future needs so that any settlement or verdict reflects the full scope of your family’s losses.
Steps to Take After a Shoulder Dystocia Injury
If your family has been affected by a shoulder dystocia complication, taking the following steps is critical to protect your rights and strengthen your case.
What You Should Do:
- Seek immediate medical care: Ensure your child’s condition is thoroughly evaluated and treated.
- Document everything: Keep detailed records of prenatal care, labor notes, and medical bills.
- Preserve communication records: Save communications with your healthcare providers.
- Consult a lawyer promptly: Time is essential as New Mexico law imposes deadlines for filing medical malpractice claims.
The sooner you act, the better your chances of gathering strong evidence and building a compelling claim.
You should also consider writing down your recollections of the pregnancy and delivery as soon as you can, while details are still fresh. Note what you were told about the baby’s size, any concerns raised about gestational diabetes, how long labor lasted, and when staff mentioned shoulder dystocia, if at all. When you later meet with a shoulder dystocia lawyer Santa Fe families trust, these notes can help clarify the timeline, reveal communication gaps, and guide which records and witnesses may be most important to obtaining the truth about what happened.
How do I know if my case qualifies as medical malpractice?
Determining medical malpractice involves evaluating if the healthcare provider failed to meet the standard of care expected in shoulder dystocia emergencies. This includes examining medical records, timelines of the intervention, and expert testimonies. We help clients by assessing all elements meticulously to establish negligence and formulating a strong legal argument for your case.
If you believe that a breach occurred, it's paramount to reach out to a qualified attorney who will conduct a thorough investigation of your case. Our team at James Wood Law not only provides evaluation services but will also ensure that the evidence gathered creates a comprehensive narrative of the medical events, aiding in your pursuit for justice.
Why should I choose James Wood Law for my case?
Choosing James Wood Law means partnering with a team dedicated to compassionate care and strong legal advocacy. Our proven track record in handling shoulder dystocia and other medical malpractice cases speaks to our commitment. We focus on providing personalized services, ensuring each client receives the attention and results they deserve against powerful healthcare institutions.
Take the First Step Toward Justice
Shoulder dystocia injuries can have life-altering consequences, but you don’t have to face these challenges alone. At James Wood Law, we are dedicated to providing Santa Fe families with compassionate support and powerful legal advocacy. From our first consultation to the resolution of your case, we will work tirelessly to secure the justice and compensation your family deserves.
Reaching out for help can feel daunting when you are coping with medical appointments, financial worries, and concern for your child’s future, but taking that step allows us to begin protecting your legal rights while you focus on healing. We will explain how claims are handled in New Mexico, what role local hospitals and insurers may play in your case, and how a shoulder dystocia attorney Santa Fe families rely on can work to hold negligent providers accountable without adding unnecessary stress to your life.
Call (888) 579-3866 or contact us online to schedule your free consultation today.