Can You Sue for Shoulder Dystocia?

You may be able to sue if poor medical care caused harm during shoulder dystocia. This may involve poor planning or excessive use of force during the delivery.

A claim may involve some decisions before labor or actions performed during delivery.

Before birth, providers may estimate a baby’s expected size. They may also check for maternal diabetes and relevant obstetric history. These factors may affect delivery planning.

The plan may need to change during labor. A large baby, stalled labor, or the need for assisted delivery may raise new important concerns. Available documents may also show how the team has responded.

A larger baby may increase the risk of shoulder dystocia, but the complication cannot always be predicted. The main question would be whether the team properly responded to the complications that they already knew about.

A maternal-care ruling reportedly examined claims that doctors took too long diagnosing or treating a health issue in the mother. The case also raised related concerns regarding monitoring and delayed treatment.

Families may sue a doctor for shoulder dystocia. This may apply when the provider’s negligent management may have caused an injury. Once the shoulder is stuck, the response of the medical team becomes very important.

A thorough case review may assess excessive pulling and fundal pressure. Experts may also examine signs of delayed action or failure to use appropriate procedures.

Research into forceps and vacuum use discusses how incorrect use may worsen birth trauma or oxygen deprivation.

A childbirth force ruling examined claims that excessive force during birth caused an injury to a baby.

Medical staff may call for additional help once they recognize shoulder dystocia. The records can show who responded, what next steps were attempted, and whether the team moved to another method when the first one failed.

Delivery records may also record the condition of the baby after birth. Experts can use this timeline to review the provided care.

The medical error must have caused the harm or made an existing injury worse.

For example, a birth injury decision involved claims that allegedly negligent care around the time of birth had injured a baby.

A reported birth injury case illustrates that an injury alone does not establish medical malpractice. The court rejected a claim after examining the provided care.

Expert testimony can help in assessing both negligence and causation. A birth injury case about expert evidence considered whether the care fell below the required standards and may have caused harm.

Families who sue for shoulder dystocia must show that negligent care caused or worsened an injury.

Signs Shoulder Dystocia Was Mismanaged

Some delivery details may raise important concerns. However, these signs alone do not directly prove any medical malpractice.

Possible concerns include:

• Repeated pulling on the baby’s head or neck

• Fundal pressure

• A delayed response

• Continued use of an ineffective maneuver

• Failure to use accepted shoulder-dystocia maneuvers

• Difficult forceps or vacuum use

• Bruising or fractures after delivery

• Signs of serious nerve injury

Accepted methods are the McRoberts maneuver, suprapubic pressure, rotation, and delivery of the baby’s back arm. The safest choice may depend on the circumstances.

The McRoberts maneuver involves moving the legs of the mother toward her chest. Suprapubic pressure is applied above the pubic bone, not on top of the uterus. Fundal pressure, on the other hand, puts pressure on the top of the uterus and may cause harm.

An Arizona hospital lawsuit report described a claim by a family that a delayed response caused an injury. Those allegations were not proven in court.

An Ohio labor-monitoring case involved allegations that doctors failed to perform a timely C-section despite the signs of fetal distress.

A federal record on excessive traction described allegations that pulling excessively caused permanent nerve damage.

Possible harm includes brachial plexus damage, Erb’s or Klumpke’s palsy, and broken collarbones or upper arms. Lack of oxygen may lead to hypoxic-ischemic encephalopathy (HIE), brain injury, or cerebral palsy. Severe cases may involve maternal injury or death.

A report on a midwife negligence lawsuit described claims that a midwife’s actions have caused long-lasting nerve damage. The child was reportedly awarded $12 million by default judgment. The defendant did not appear, so the allegations were not tested at trial.

Erb’s palsy and Klumpke’s palsy both affect the brachial plexus. These nerve injuries may support a claim when improper delivery care has caused them.

The brachial plexus is a group of nerves. It helps in controlling the shoulder, arm, and hand. Damage to these nerves may cause weakness, numbness, or limited movement. In some cases, children may recover. In other cases, they may need ongoing treatment.

A review may use these records to assess the care provided:

• Delivery notes

• Fetal monitoring records

• Operative records

• Newborn examinations

• Imaging

• Witness accounts

• Later treatment records

• Medical expert review

A federal appeals opinion on medical evidence discussed how experts utilize prenatal, delivery, and newborn records to assess birth injury claims.

Later medical documents can show whether weakness, pain, or limits on movement persisted. Recovery may affect damages; however, healing does not rule out past negligence.

Possible defendants may include the delivering OB/GYN, nurses, midwives, or other medical staff.

A nerve-injury ruling involved claims regarding excessive use of force during birth that allegedly caused such permanent nerve damage. The allegations concerned doctors and some hospital staff.

A hospital may face claims involving negligent care by its staff. Alleged failures in staffing, training, or safety policies may also support a claim.

Families may sue a hospital for shoulder dystocia. This may apply when negligent hospital care has caused or worsened an injury.

Not everyone present inside the delivery room will automatically be liable. The evidence must still show a relationship between each alleged failure and the injury.

The mother may also have separate injuries. These injuries may include severe tearing, bleeding, or pelvic damage. She may have a separate claim if the negligent care of the providers has caused her harm. State law can control which losses she may potentially seek.

The mother and child may have separate legal claims. Different filing rules may apply to each. State law may determine who can act for the child and which potential losses may belong to each claim.

Filing deadlines can vary by state.

Special rules may apply to claims filed for a child. A separate claim of a parent may have a different deadline. The deadline would depend on the claim and the facts.

Missing the deadline may prevent you from filing a lawsuit. An early review can help identify the rules that may apply.

Families should not rely on a general deadline that they found online.

A child’s injury may become clearer after several tests. Even so, a delayed diagnosis does not always give the families more time to file a lawsuit.

A statute of limitations is the legal time limit to file a lawsuit. Some states have additional filing procedures for medical malpractice cases. Reviewing the case early can determine those rules before a deadline passes.

Potential damages may depend on how severe the injury is. They may also depend on the available evidence and state law. Compensation for cases like this is not guaranteed.

Possible economic losses may include:

• Past medical care

• Future treatment

• Surgery

• Physical or occupational therapy

• Rehabilitation

• Assistive equipment

• Home care

• Reduced earning capacity

State law may also allow damages for pain. This extends to the disability, emotional harm, or loss of enjoyment of life.

A child who recovers from a fracture may have fewer future care needs than a child with permanent nerve or brain damage.

Future treatment costs may increase the potential damages a family may claim. Still, the available records must show that negligent care has caused the harm.

Daily limitations for the child may also be important to look at. A child with lasting arm weakness may need therapy, surgery, or special assistance. A brain injury may need additional support at school or at home.

Treatment plans and specialist reports can also record future needs. The amount to be claimed must reflect the losses which may be allowed by state law.

For example, a child with long-lasting arm weakness may struggle with grooming themselves or lifting objects. A child with a serious brain injury may require extra help in learning or moving. These kinds of needs may change as the child also grows.

Families may know their child was hurt during birth. But they may not know what caused the injury.

A lawyer can assess whether poor care may have contributed to the injury. The available delivery records and fetal monitoring are important. The scans and treatment records may show when the complications came up.

Medical experts may examine two key issues: whether the treating providers gave care that fell below accepted standards and whether that failure caused or worsened the injury.

Families can keep the discharge papers. They can also save the therapy notes, bills, and photos. These records may show the child’s treatment and recovery. A lawyer can request other documents available if needed.

Families do not need to prove that malpractice happened before even seeking a lawyer’s advice.

Families may inquire what steps may follow if the evidence that they have supports a possible legal claim.

Families whose child or mother was injured during a difficult birth may have legal options. They can request a free consultation to learn whether a claim may be possible.

Get a Free Consultation for a Shoulder Dystocia Birth Injury Lawsuit