Shoulder Dystocia Lawsuit

What Is a Shoulder Dystocia Lawsuit?

A shoulder dystocia lawsuit is a personal injury claim filed against health care providers responsible for causing harm to a child.

Shoulder dystocia occurs during childbirth when a baby’s shoulders become stuck behind the mother’s pubic bone after the head is delivered.

This puts the baby under extreme pressure and restricts blood and oxygen flow. Quick and proper medical intervention is critical to preventing long-term harm.

If it’s not managed properly, this medical emergency can cause serious injuries like Erb’s palsy, brain damage from oxygen deprivation, or fractures, often to the clavicle (collarbone).

Managing these injuries often requires ongoing care and therapy, leading to missed work for parents and significant financial strain.

Filing a shoulder dystocia lawsuit allows you to seek money to cover medical costs while holding negligent medical providers accountable.

If medical errors are responsible for your child’s condition, a shoulder dystocia lawyer can help you build a strong case and pursue the compensation your family deserves.

The skilled lawyers in our network have helped families nationwide recover over $962 million for birth injuries.

Find out if they can help you, too. Get a free case review right now.

Shoulder Dystocia Lawsuit Compensation

The value of shoulder dystocia lawsuits depends on the severity of the baby’s condition and the level of care they received.

Cases of severe harm or clear-cut medical errors can result in shoulder dystocia lawsuit settlements of over $1 million.

These are reported shoulder dystocia lawsuit compensation amounts:

• $8.9 million in Minnesota after a larger-than-average baby (fetal macrosomia) suffered severe nerve damage and spinal injuries
• $6.7 million to the family of an Illinois child for a hospital mishandling a breech delivery leading to severe brachial plexus injury
• $2.7 million in Massachusetts after an obstetrician failed to perform a necessary C-section, leading to stillbirth
• $1.4 million in Ohio against a nurse midwife for excessive pulling during shoulder dystocia, resulting in brachial plexus ruptures
• $3.05 million in New York after a newborn suffered Erb’s palsy and Klumpke’s palsy from mishandled shoulder dystocia
• $4.2 million in Connecticut after a baby was diagnosed with Erb’s palsy due to a midwife’s failure to manage shoulder dystocia

For many families, hiring an experienced attorney increased the compensation they received in their shoulder dystocia lawsuit.

Call (800) 914-1562 or Click to Live Chat right now to see if we can connect you with a top birth injury lawyer near you.

Medical Malpractice and Shoulder Dystocia

While some cases of shoulder dystocia are unavoidable, others are the direct result of medical malpractice.

Shoulder dystocia affects around 1 in 150 births, although many of these babies are delivered safely with proper medical intervention.

Medical professionals can cause shoulder dystocia birth injuries by:

• Delaying a decision for a C-section: Delays in deciding on a cesarean delivery when shoulder dystocia risks are high can result in injuries to the baby and mother.
• Failing to recognize risk factors: Ignoring signs like fetal macrosomia (a baby over 8 pounds, 13 ounces) or a narrow pelvic opening may result in complications.
• Improperly using delivery tools: Misusing forceps or vacuum extractors can cause excessive force, leading to nerve damage or fractures.
• Not positioning the mother: Failing to adjust the mother’s position during labor can reduce space in the pelvis and create a difficult delivery.

Further complications of inadequate medical intervention can include compression of the umbilical cord, cutting off oxygen to the baby, or postpartum hemorrhaging in the mother.

Shoulder dystocia is more common when the mother has gestational diabetes or is greater than 41 weeks gestation, as the baby is likely to be larger.

If you suspect your child’s condition happened because of medical negligence, you may be able to file a shoulder dystocia lawsuit. Find out right now with a free case review.

Why File a Shoulder Dystocia Lawsuit?

Filing shoulder dystocia lawsuits can help families afford their child’s medical care and hold negligent providers accountable.

Reasons to file shoulder dystocia lawsuits include:

• Covering medical bills for your child’s therapy and ongoing treatments
• Getting justice by fighting for your child’s health and future
• Preventing other families from enduring similar pain and suffering
• Seeking relief from the financial and emotional toll on your family

If you’re uncertain about what caused shoulder dystocia when your baby was born, reach out to our team at the Birth Injury Justice Center.

We have experienced registered nurses on staff who can help you understand whether medical malpractice may have occurred. If our nurses feel your child’s condition could have been avoided, they can explain your options for filing a shoulder dystocia lawsuit.

There is no cost to speak with us and no obligation to move forward with shoulder dystocia lawsuits. If you suspect you may have a case, connect with a nurse today.

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When to File a Shoulder Dystocia Lawsuit

Consider filing your shoulder dystocia lawsuit as soon as you suspect your child’s condition could have been prevented.

Acting quickly is necessary because there’s a strict deadline for filing lawsuits, called the statute of limitations. Once the timeframe in your case passes, you won’t be able to take legal action.

Each state has its own statute of limitations for filing birth injury cases. Therefore, it’s critical to consult with an attorney familiar with your state’s laws.

An experienced lawyer can explain which deadlines apply and ensure your shoulder dystocia lawsuit is filed on time.

Don’t wait to find out your family’s legal options — call us right now at (800) 914-1562.

Who Can File a Shoulder Dystocia Lawsuit?

Parents or legal guardians of the child injured by medical negligence are typically able to file a lawsuit for shoulder dystocia.

These cases are typically filed against the obstetrician, nurse, or other health care provider responsible for the injury. The hospital where the medical providers work can also be sued.

When complications of shoulder dystocia arise, it can lead to life-altering conditions. These may include Erb’s palsy, permanent brain damage, and brachial plexus injury.

These conditions may require ongoing therapy, surgeries, or other costly treatments.

If you think medical negligence may have caused your child’s injury, you may be able to file a shoulder dystocia lawsuit.

Find out right now with a free case review.

Steps to Filing a Shoulder Dystocia Lawsuit

Filing a shoulder dystocia lawsuit involves several key steps. Knowing what to expect can give you confidence as you navigate the challenges of your child’s birth injury.

Generally, these are the steps involved in filing shoulder dystocia lawsuits:

1. Free case review: Top lawyers offer free consultations to determine your eligibility to file a shoulder dystocia lawsuit. Get your free case review right now.
2. Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
3. File the lawsuit: Next, your lawyer will file your birth injury lawsuit in the correct court. They’ll ensure any legal deadlines that apply to your case are met.
4. Negotiate a settlement: Your attorney will negotiate with the other side to work toward a birth injury settlement as quickly as possible.

If a settlement isn’t reached, your shoulder dystocia lawyer will continue fighting for your family in court.

However, most birth injury lawsuits settle out of court, providing families with quicker access to compensation and justice.

With an experienced birth injury attorney on your side, you can focus on caring for your child. Meanwhile, they handle your shoulder dystocia lawsuit on your behalf.

File Your Shoulder Dystocia Lawsuit Today

The Birth Injury Justice Center knows that your child’s health and safety come first.

Filing a shoulder dystocia lawsuit could result in getting the money you need for your child’s medical expenses and care. We’ve partnered with experienced shoulder dystocia lawyers who can help families in all 50 states.

If you qualify, our legal partners will handle the entire legal process on your behalf. They will ensure your rights are protected and fight for the compensation your family deserves.

The attorneys in our network have secured more than $962 million for families affected by preventable birth injuries, and they may be able to help your family, too.

Call us right now at (800) 914-1562 or fill out our case review form to see if we can help you provide a better future for your child.