Shoulder Dystocia Lawsuit

Doctors, nurses, midwives, hospitals, or other medical providers may be named in this type of lawsuit.

A court case involved lawsuits naming medical professionals and a hospital over allegedly negligent delivery care.

Allegations may involve excessive traction on the baby’s head or neck. Delays can become an issue when the baby is not getting enough oxygen. Fundal pressure means pushing down on the top of the mother’s belly. Improper fundal pressure may also be alleged. Improper use of forceps or vacuum extraction may also be relevant.

Medical research has examined the risks of mishandling birth instruments or equipment. A published medical article noted that incorrect use of tools may increase the severity of birth trauma or oxygen loss.

Liability will still depend on the evidence that is available in each case.

Shoulder dystocia can happen when the baby’s head is delivered, but one or both shoulders become stuck in the mother’s pelvis.

The Cleveland Clinic says that this is when the baby’s shoulders become stuck during delivery. A federal appellate court decision has also discussed delivery complications involving an impacted shoulder.

Shoulder dystocia is a childbirth emergency. Doctors may need to use additional delivery maneuvers after the baby’s head has emerged.

Medical research links shoulder dystocia to several injuries. These include nerve damage, fractures, and a lack of oxygen. HIE and death can also occur. The condition can happen without clear warning.

The brachial plexus is a group of nerves that controls the shoulder and arm. Hypoxic-ischemic encephalopathy, or HIE, is a brain injury that is associated with reduced oxygen and blood flow.

Signs & Symptoms of Shoulder Dystocia Injuries

Doctors can usually recognize shoulder dystocia during delivery. This is when the baby’s shoulders may not come out after the head is delivered.

Another possible sign is the “turtle sign.” This happens when the baby’s head retracts toward the mother after emerging.

After birth, possible injuries may include:

• Weakness or lack of movement in one arm

• A broken collarbone or other fracture

• Bruising

• Nerve damage

• Breathing problems

• Seizures or other signs of oxygen deprivation

The MSD Manual links shoulder dystocia to fractures and nerve injuries. These injuries can affect the baby’s shoulder or arm.

Erb’s palsy and Klumpke’s palsy are forms of brachial plexus injury. A court record involving a birth injury claim addressed allegations that negligent delivery maneuvers caused this type of nerve damage.

How Is Shoulder Dystocia Diagnosed?

Shoulder dystocia is usually recognized during delivery. The baby’s head emerges, but the shoulders do not deliver normally.

After birth, doctors may check for fractures, weakness, nerve damage, or signs of a brain injury.

A brachial plexus injury does not prove that shoulder dystocia occurred. Medical research has found these injuries in births with and without shoulder dystocia.

Treatment & Prognosis

Doctors may first change the mother’s position to help free the baby’s shoulder. They may also apply pressure just above the pubic bone. In some cases, the baby may be carefully rotated to create more room. These maneuvers are used to assist delivery without unnecessary force.

Doctors may use several methods to free the baby’s shoulder. These include McRoberts positioning and suprapubic pressure. Other options include turning the baby or delivering one arm first.

After birth, the treatment will depend on the injury. A child may need more monitoring, physical therapy, fracture care, nerve surgery, or treatment for oxygen deprivation.

Many brachial plexus injuries can improve over time. However, medical research estimates that about 5% to 22% of these injuries may be permanent.

Long-term nerve injury can also occur without a typical shoulder dystocia delivery. A study published through Stanford Health Care found cases of persistent brachial plexus palsy after cesarean delivery. Long-term injury rates were also similar in vaginal births with or without reported shoulder dystocia.

Risk factors can include diabetes, a large baby, or a past shoulder dystocia. A post-term pregnancy and assisted delivery are also risk factors.

An unusually high birth weight, known as fetal macrosomia, is another risk factor.

Shoulder dystocia is often difficult to predict. Medical research describes the complication as not common and often unpredictable.

Is Shoulder Dystocia Caused by Medical Negligence?

Shoulder dystocia does not always result from negligence. It may occur even when the healthcare providers followed accepted medical practices.

One medical study noted that good care cannot prevent every case of shoulder dystocia or its related complications.

A shoulder dystocia medical malpractice claim may focus on how the medical team responded. Problems may include too much force on the baby’s head or neck or delays during delivery. Ignored risk factors may be relevant. A delayed C-section may also be relevant.

A medical malpractice case involved allegations that excessive force during delivery caused serious injury.

Another court decision addressed allegations of failure to timely diagnose, monitor, or respond to a maternal complication.

An Ohio case also involved claims concerning monitoring and management during a complicated labor.

Federal court records discuss allegations of improper shoulder dystocia management. One allegation involved excessive traction. The lawsuit linked that force to permanent nerve injury.

A shoulder dystocia lawsuit begins with a review of the delivery and the child’s injuries. From there, the case may involve medical records, court filings, and discovery. During discovery, both sides can exchange information. Settlement discussions or a trial may come later. The exact process varies by case and state.

1. Free Case Review

The first step involves examining what happened during pregnancy and delivery.

The review may cover the child’s injury, known risk factors, the treatment, and any information the family already has.

2. Investigation & Gathering Evidence

Medical records are often the focus of a birth injury investigation.

Important evidence may include:

• Prenatal and pregnancy records

• Estimates of fetal size

• Fetal monitoring records

• Notes on labor and delivery

• Operative records

• Witness information

• Records of the child’s diagnosis and treatment

• Qualified medical opinions

A federal appellate opinion discusses the use of prenatal, labor, delivery, and newborn medical records when evaluating a birth injury claim.

Medical experts may assess if the provider breached the standard of care. They may also determine if that breach caused or contributed to the injury.

3. Filing the Lawsuit

Filing a shoulder dystocia lawsuit involves determining the proper defendants and filing the case in the correct court.

The case must also follow the applicable state procedures and deadlines.

4. Negotiating a Settlement

Some cases may be resolved through settlement discussions instead of trial.

A potential settlement may depend on the evidence, the injury, future care needs, and applicable law. No specific outcome is guaranteed.

5. Trial (If Necessary)

A case that does not settle may proceed to trial.

Both sides may present the medical records. The testimony about the standard of care and what caused the child’s injury may also be presented.

The defense may argue that the injury resulted from maternal forces that are natural. It may also point to any unavoidable complication.

A shoulder dystocia injury lawsuit addresses injuries that are allegedly caused by negligent medical care. The claim’s value does not rest on shoulder dystocia alone.

Possible losses may include medical treatment, therapy, future care, pain and suffering, and other damages available under state law.

Average Shoulder Dystocia Settlement Amounts

There is no reliable average for such cases.

How much is a shoulder dystocia lawsuit worth may depend on the evidence of negligence. Future care costs may also increase the value of the claim. State law may limit the potentially recoverable damages. A permanent injury can affect a child in different ways.

Notable Shoulder Dystocia Case Verdicts

Shoulder dystocia cases have involved claims of excessive traction. Others have focused on how the delivery was handled. Previous settlements and verdicts do not determine the outcome of another case. Each claim will depend on its own facts and evidence.

Factors That Affect Case Value

Several factors can affect the case value. A long-term nerve injury or paralysis may increase the care that is needed. HIE and cerebral palsy may indicate a more serious injury, while surgery and therapy may affect the future care needs.

The evidence and the law in the state where the case is filed also matter.

If your child was injured during a shoulder dystocia delivery, you may have legal options. You can request a free case review even if you’re unsure whether medical negligence occurred.

A shoulder dystocia lawyer can review the birth and the child’s injury. Medical records can help describe what happened. Families can also ask about certain deadlines and next steps when choosing a law firm for a shoulder dystocia lawsuit.

Get a Free Consultation for a Shoulder Dystocia Birth Injury Lawsuit.