Last Updated on January 5, 2025 by Michelle Wan
Shoulder dystocia is a serious childbirth complication that occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery. While some cases of shoulder dystocia are managed successfully, others result in injuries to the baby or mother due to delayed intervention or medical negligence. The consequences can include nerve damage, fractures, or long-term disabilities such as Erb’s palsy or brachial plexus injuries.
If you or your child has suffered injuries, understanding your legal options for shoulder dystocia can help you seek justice and the resources needed for recovery. This guide explores the legal considerations for shoulder dystocia injuries and the steps you can take to pursue a medical malpractice claim.
Understanding Shoulder Dystocia and Birth Injuries
Shoulder dystocia is often an unpredictable emergency, but in some cases, it is linked to known risk factors such as:
- Fetal Macrosomia: Large babies are at higher risk.
- Gestational Diabetes: Increases the likelihood of larger babies.
- Maternal Obesity: Contributes to delivery complications.
- Prolonged or Difficult Labor: Can increase the risk of shoulder dystocia.
Injuries to the baby can include:
- Brachial Plexus Injuries: Damage to the network of nerves controlling the arm and hand, potentially leading to Erb’s palsy.
- Fractures: Broken collarbone or arm due to improper delivery techniques.
- Hypoxic-Ischemic Encephalopathy (HIE): Oxygen deprivation if the delivery is delayed for too long.
Injuries to the mother may include:
- Severe Tears: Vaginal or perineal injuries.
- Postpartum Hemorrhage: Excessive bleeding after delivery.
When Is Shoulder Dystocia Considered Medical Negligence?
Not all cases of shoulder dystocia result from negligence, as it can be a natural complication of childbirth. However, negligence occurs when medical professionals fail to meet the standard of care, leading to preventable injuries. Examples of negligence include:
Failure to Recognize Risk Factors
- Not identifying or addressing conditions like gestational diabetes, macrosomia, or a narrow pelvis.
Delayed or Improper Response
- Failure to use appropriate delivery techniques or maneuvers, such as the McRoberts or Woods corkscrew maneuvers.
- Delayed decision-making regarding emergency cesarean sections.
Improper Use of Tools
- Misuse of delivery instruments like forceps or vacuum extractors, leading to excessive force or trauma.
Inadequate Communication
- Poor coordination between medical staff during the delivery process.
If negligence played a role in causing injuries during delivery, families have the right to pursue legal action.
Legal Options for Shoulder Dystocia Injuries
Families affected by shoulder dystocia injuries may be eligible for compensation through a medical malpractice claim. Here are the key steps to understanding and pursuing your legal options:
Consult a Birth Injury Attorney
An experienced birth injury attorney can evaluate your case and determine if medical negligence occurred. During your consultation, they will:
- Review medical records and the events surrounding the delivery.
- Identify instances where the standard of care was not met.
- Explain your legal rights and potential compensation.
File a Medical Malpractice Claim
A medical malpractice claim allows you to seek compensation for damages caused by negligence. The claim must demonstrate the following:
- Duty of Care: The healthcare provider owed a duty to provide competent care.
- Breach of Duty: The provider failed to meet the standard of care.
- Causation: The breach directly caused the injuries.
- Damages: The injuries resulted in measurable losses, such as medical expenses or emotional distress.
Compensation for Damages
Successful medical malpractice claims can provide compensation for:
- Medical Expenses: Current and future costs for treatments, therapies, or surgeries.
- Rehabilitation Costs: Physical or occupational therapy for injuries like brachial plexus damage.
- Lost Wages: Compensation for parents who must reduce work hours or leave their jobs to care for the child.
- Pain and Suffering: Financial relief for the physical and emotional toll of the injuries.
Pursue Alternative Dispute Resolution (ADR)
In some cases, families may resolve their claim through mediation or arbitration instead of a court trial. These methods can be faster and less stressful while still providing compensation.
How Long Do You Have to File a Claim?
Medical malpractice claims are subject to statutes of limitations, which vary by state. In Texas, for example, families typically have two years from the date of injury to file a claim. However, exceptions may apply for minors or cases involving delayed discovery of injuries.
Consulting an attorney promptly ensures you meet all deadlines and preserve your legal rights.
Why Pursue Legal Action?
Filing a claim for shoulder dystocia injuries is about more than financial compensation—it’s about accountability and ensuring your child receives the care they need. Legal action can:
- Secure Resources: Cover the costs of medical treatments, therapies, and adaptive equipment.
- Hold Healthcare Providers Accountable: Prevent similar mistakes from happening to other families.
- Provide Closure: Help families find a sense of justice and resolution.
How Thomas & Wan LLP Can Help
At Thomas & Wan LLP, we understand the challenges families face after shoulder dystocia injuries. With decades of experience in medical malpractice cases, we are committed to helping families secure justice and the financial support they need.
Our services include:
- Free Case Evaluations: Determine whether medical negligence occurred.
- Thorough Investigations: Work with medical experts to build a strong case.
- Compassionate Support: Guide you through every step of the legal process with care and dedication.
Shoulder dystocia injuries can have lifelong consequences for both the baby and the family. Understanding your legal options empowers you to seek justice, secure compensation, and ensure your child receives the best possible care.
If you believe medical negligence contributed to your child’s shoulder dystocia injuries, contact Thomas & Wan LLP today for a free consultation. Let us help you navigate this journey and advocate for your family’s rights.
