Our Shoulder Dystocia Lawyers Can Fight for You
Shoulder dystocia occurs when a baby’s shoulder becomes stuck behind the mother’s pubic bone during a vaginal delivery. Medical professionals are trained to follow specific steps to manage this complication safely.
If they fail to respond appropriately, your child could be harmed — and it may be considered medical malpractice. In fact, permanent injuries from shoulder dystocia are the most common cause of birth injury claims, according to Science Direct.
Filing a shoulder dystocia lawsuit may allow you to:
- Secure compensation for your child’s medical bills, therapy, and more
- Hold negligent medical professionals accountable
- Potentially prevent other children from experiencing similar harm
Your child shouldn’t have to suffer because of a health care worker's mistake. Taking legal action can help you seek justice and provide your child with the resources they need to live their best possible life.
At Sokolove Law, our birth injury law firm has secured over $1 Billion for families impacted by preventable birth injuries, including those caused by shoulder dystocia. Find out if our shoulder dystocia lawyers can fight for you.
Shoulder Dystocia and Birth Injury Malpractice
Medical professionals are trained to recognize the risk factors of shoulder dystocia ahead of time and may need to plan for a C-section if a vaginal delivery could be too dangerous.
However, when shoulder dystocia does occur, they must follow certain protocols to safely deliver the baby. If health care workers fail to act appropriately or make critical mistakes, it may lead to serious and preventable birth injuries.
Shoulder dystocia malpractice may involve:
- Excessive force when pulling on the baby’s head
- Failure to opt for a C-section when risk factors are present
- Improper use of forceps or other assisted delivery tools like a vacuum extractor
- Not repositioning the mother or baby correctly or in a timely manner
“The doctor might have to put some pressure on the baby's head to help release that shoulder. There are different maneuvers they can do to help release that shoulder, but sometimes, if there's too much pressure put on the baby's head, it can actually stretch the nerves and damage the child's arm.”
– Beth Carter, Registered Nurse with Sokolove Law
If you’re unsure whether medical malpractice played a role in your child’s birth injury, we may be able to help. Our on-staff nurses have decades of labor and delivery experience and can review your case to determine if negligence may have occurred.
Types of Shoulder Dystocia Injuries
When a baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery, it makes it difficult for them to fully pass through the birth canal.
Health care providers may injure the baby as they try to release the shoulder. During the delivery process, the umbilical cord may also get pinched, which can prevent oxygen from reaching the baby’s brain.
Complications caused by shoulder dystocia may include:
- Brachial plexus injuries
- Brain damage
- Broken bones or fractures
- Cerebral palsy
- Compressed umbilical cord
- Erb’s palsy
- Horner’s syndrome
- Hypoxic-ischemic encephalopathy or HIE (a brain injury caused by lack of oxygen or blood flow to the brain)
- Nerve damage
Shoulder dystocia increases the risk of a brachial plexus injury by more than 100 times, according to The Journal of Bone & Joint Surgery.
Many of these injuries require extensive medical care and therapy, placing a large financial burden on families. If medical malpractice played a role in your child’s injury, you may be eligible for compensation to help cover these costs.
“Our child’s shoulder got stuck during delivery, and her arm had to be broken to get her out. She’s in therapy 3 days a week and needs surgery. Sokolove Law was incredibly helpful in guiding us through this tough situation, and we’re really grateful for their support.”
– Illinois Parent & Firm Client
Who Can Shoulder Dystocia Lawyers Help?
Even if you’re not sure exactly what happened or whether the correct steps were taken during your child’s birth, our shoulder dystocia lawyers can help you figure it out. We can investigate and determine if you may be able to take legal action.
You may be able to file a shoulder dystocia lawsuit if:
- Your child’s shoulder(s) became stuck during delivery
- Health care providers made a mistake when handling the situation
- Your child was injured as a result
It’s important to act fast. Each state has a law called the statute of limitations which determines how long you have to file a shoulder dystocia lawsuit.
Once this deadline passes, you won’t be able to pursue compensation for your child’s injury again.
Call (800) 995-1212 now to see if your family may qualify for compensation from a shoulder dystocia lawsuit. It costs nothing to speak with us.
How to File a Shoulder Dystocia Lawsuit
At Sokolove Law, we understand how difficult it can be to care for a child with special needs, especially if their disability could’ve been avoided.
Our team will work to make filing a shoulder dystocia lawsuit as easy and stress-free as possible, so you can focus on caring for your child.
If you have a case, your shoulder dystocia lawyer can help:
- Determine your eligibility to take legal action during a free case review
- Gather evidence like medical records and witness testimony to prove malpractice was involved in your child’s injury
- File your birth injury lawsuit in the correct court before any deadlines
- Negotiate a shoulder dystocia settlement with the defendant(s), which could include doctors, the hospital, and midwives
In the rare case that a settlement is unable to be reached, we’re prepared to present your case in court and seek compensation from a trial verdict.
Shoulder Dystocia Settlement vs. Verdict
Shoulder dystocia lawsuits can result in compensation in one of two ways:
- Shoulder dystocia settlement: A settlement is an amount of compensation negotiated by your legal team and agreed to by the defendants, potentially allowing families to get compensation without going to court.
- Shoulder dystocia verdict: If a settlement isn’t reached, the case may continue to trial. During a trial, both sides present their case, and a judge and jury decide the outcome in the form of a verdict.
Our goal is to secure as much compensation as quickly as possible for your family, so you can afford to provide your child with the care and support they deserve.
“My child was born with shoulder dystocia and a cord around her neck. When we got home, we noticed her arm wasn’t moving properly, and she was diagnosed with a brachial plexus injury. We were lost until Sokolove Law helped us navigate medical bills and other costs.”
– New York Parent & Firm Client
Past Shoulder Dystocia Settlement Amounts
At Sokolove Law, we’ve secured more than $1 Billion for families impacted by preventable birth injuries, including those caused by shoulder dystocia.
A few of our past birth injury settlements and verdicts include:
- Over $10.4 Million for the family of a child with cerebral palsy in Pennsylvania
- $5 Million to a child in Connecticut with a brachial plexus injury
- $4.5 Million for an Illinois child with Erb’s palsy
- $5.6 Million to a Utah family impacted by CP
- $2 Million for a child in North Carolina with a brachial plexus injury
- $2.75 Million to a Pennsylvania family impacted by Erb’s palsy
- $5 Million for a Massachusetts child who suffered brain damage during delivery
- $7 Million to a child in Alabama with cerebral palsy
Settlements for serious birth injuries like cerebral palsy award nearly $1 Million on average, providing financial relief to many families during this difficult time.
While there’s never a guarantee of compensation in any case, our shoulder dystocia lawyers will fight hard to get you everything you’re entitled to.
Secure Justice for Your Child
If a medical mistake caused your child’s birth injury, you deserve justice. Let us help you pursue the financial support your family needs.
What to Look for in a Shoulder Dystocia Lawyer
Not all lawyers have the resources and skills to handle a shoulder dystocia malpractice case. A skilled birth injury attorney can help you understand your legal options and fight for the compensation your family deserves.
Here’s what to look for when choosing a shoulder dystocia lawyer:
- Experience: For over 45 years, our birth injury lawyers have fought for children injured through no fault of their own.
- Nationwide Presence: As a national birth injury law firm, we have offices and attorneys across the country. Our shoulder dystocia attorneys can help families in all 50 states.
- No Upfront Costs: We work on a contingency-fee basis, which means you pay nothing unless we secure compensation for you.
- On-Staff Nurses: Our registered nurses can answer questions about your child’s condition and help you understand if you may be able to pursue compensation for their care.
- Track Record of Success: Sokolove Law has secured over $1 Billion for families impacted by preventable birth injuries.
Our shoulder dystocia claims lawyers are compassionate, knowledgeable, and prepared to fight for your child. Let us put our experience to work for you.
"We’re here to help families who believe that, at birth, something occurred that shouldn’t have and left their child with an injury. Our medical experts form opinions, and we present evidence to the defendants in the case.”
– Ricky LeBlanc, Managing Attorney at Sokolove Law
How to Find a Shoulder Dystocia Attorney Near You
At Sokolove Law, we make the process of finding a shoulder dystocia attorney near you easy. With our nationwide presence, we’re prepared to help your family — wherever you may be located in the United States.
All you have to do is contact our team for a free, no-obligation consultation. Call (800) 995-1212 now to find a top shoulder dystocia attorney near you.
Shoulder Dystocia Signs and Symptoms
During a difficult delivery, it can be hard for parents to realize that shoulder dystocia has occurred. However, there are a few key signs that can indicate it happened.
Shoulder dystocia symptoms and signs may include:
- Difficulty with the delivery of the shoulders, even after the head has emerged
- Repositioning of the mother to successfully deliver the baby
- Taking longer than 1 minute for the baby’s body to come out after their head
- “Turtle sign,” which is when the baby’s head retracts back to the birth canal
In some cases, a doctor may need to break the baby's clavicle to help free them from the birth canal. In severe cases, they may need to push the child's head back into the birth canal and perform a C-section.
After the baby is born, it’s important to look for any lack of movement in the arms, bruising, signs of oxygen deprivation, or other injuries that may indicate there may have been trouble during delivery.
What Causes Shoulder Dystocia?
Doctors are trained to recognize and respond to emergency situations during childbirth. They should also be able to identify risk factors early on and determine when a C-section may be the safest option to prevent complications.
Risk factors for shoulder dystocia include:
- Delivering past your due date
- Larger than average baby (fetal macrosomia)
- Maternal diabetes
- Multiples (twins, triplets, etc.)
- Narrow or abnormal pelvic structure
- If you’ve experienced shoulder dystocia during previous births
Shoulder dystocia is rare, occurring in 0.6% to 1.4% of births involving babies under 8 lbs 13 oz. However, the risk increases for larger babies, affecting between 5% and 9% of these deliveries, according to Cleveland Clinic.
Shoulder Dystocia Treatment After Birth
Complications from shoulder dystocia can vary widely, and treatment options depend on the severity of the child’s injuries.
Potential shoulder dystocia treatment after birth may include:
- Cooling therapy for oxygen deprivation
- Fracture treatment, like immobilization or bracing
- Observation and monitoring for nerve damage or fractures
- Physical therapy for brachial plexus injuries or arm weakness
- Surgery for nerve repair or severe fractures
In some cases, ongoing medical care may be needed for conditions like cerebral palsy. Compensation from a shoulder dystocia lawsuit can help families provide their child with the care they need after a birth injury.
Our Shoulder Dystocia Lawyers Can Help Nationwide
At Sokolove Law, our shoulder dystocia lawyers can help families in all 50 states seek justice after a birth injury.
With experienced attorneys and registered nurses on staff, we’re here to guide you through every step of the legal process.
Our team has secured over $1 Billion for families impacted by birth injuries, and we may be able to help you too.
There are no upfront costs or hourly fees to work with our shoulder dystocia attorneys, so you can get the help you need without facing any financial risk.
Call (800) 995-1212 now or fill out our contact form to get started with a free case review.
Shoulder Dystocia Compensation Claim FAQs
What is a shoulder dystocia birth injury?
Shoulder dystocia occurs when a baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery, making it difficult to pass through the birth canal. When medical professionals fail to respond to this emergency correctly, it can lead to birth injuries.
Birth injuries linked to shoulder dystocia may include nerve damage, bone fractures, or even brain damage due to a lack of oxygen.
If your child developed a birth injury after experiencing shoulder dystocia, contact Sokolove Law now. You may be eligible for compensation to help pay for their care.
Can I sue the hospital for shoulder dystocia?
Yes. You may be able to sue a hospital if your child was injured as a result of shoulder dystocia malpractice.
If a doctor fails to order a C-section when risk factors for shoulder dystocia are present, uses excessive force to pull the baby from the birth canal, or doesn’t follow hospital protocols when managing this complication, you may be able to take legal action.
What is the time limit for shoulder dystocia claims?
The time limit varies by state, but in some cases, you only have 1 year to file a shoulder dystocia claim. Once the deadline in your case passes, you won’t be able to take legal action again.
Call (800) 995-1212 now to get started before it’s too late.
How can I find a top shoulder dystocia attorney near me?
A national birth injury law firm can connect families with top shoulder dystocia attorneys near them, regardless of where they live in the United States.
At Sokolove Law, our shoulder dystocia lawyers are prepared to help families in all 50 states seek justice and compensation after a birth injury. Get a free consultation now to see if you qualify.
How much do the best shoulder dystocia lawyers charge?
At Sokolove Law, there are no upfront costs or hourly fees to work with our shoulder dystocia lawyers. We work on a contingency-fee basis, which means you pay nothing unless we secure compensation for you.
What is a shoulder dystocia settlement?
A shoulder dystocia settlement is out-of-court compensation families may receive if medical negligence during childbirth causes harm to a baby.
While shoulder dystocia settlement amounts vary, the average payout for some birth injuries is around $1 Million.
These settlements are typically paid by responsible health care providers, hospitals, or insurance companies. They’re designed to help with costs related to your child’s injury, like medical expenses, ongoing care, and therapy.
What determines shoulder dystocia settlements?
Shoulder dystocia settlement amounts are determined by many factors, including the:
- Severity of the baby’s injury
- Cost of past and future medical care, therapy, and assistive devices
- Evidence of medical negligence
- Emotional and financial toll on the family
Our shoulder dystocia lawyers are prepared to fight for the most compensation possible in your case. Call (800) 995-1212 now to see if we may be able to fight for you.
How long does a shoulder dystocia lawsuit take?
The length of a shoulder dystocia lawsuit varies from case to case, but it can take anywhere from a few months to potentially over a year for families to receive compensation.
At Sokolove Law, we’ll work hard to secure compensation for your family as quickly as possible, so you can get help paying for your child’s care.
Is shoulder dystocia medical negligence?
Yes, potentially. While shoulder dystocia may occur unexpectedly, there are known risk factors that doctors should consider before delivery to potentially prevent this emergency, like:
- Complications during the mother’s previous births
- The baby’s size (fetal macrosomia)
- Whether or not the mother has diabetes
If a doctor recognizes the potential for shoulder dystocia and fails to opt for a C-section, it could be considered medical negligence.
Additionally, using excessive force or failing to respond appropriately to shoulder dystocia during a vaginal delivery may be considered malpractice.
What is the most common birth injury associated with shoulder dystocia?
One of the most common birth injuries associated with shoulder dystocia is a brachial plexus injury. This occurs when the nerves in a baby’s neck, shoulder, arm, or hand are stretched, torn, or damaged during delivery.
In fact, between 2.6% and 40% of births involving shoulder dystocia result in a brachial plexus injury like Erb’s palsy or Klumpke’s palsy, according to the medical journal Acta Obstetricia et Gynecologica Scandinavica.
Can shoulder dystocia cause cerebral palsy?
Yes, shoulder dystocia may cause cerebral palsy if the baby doesn’t get enough oxygen during delivery. This can occur when the umbilical cord gets compressed while the baby is in the birth canal, restricting the flow of oxygen to the baby’s brain.
If not addressed quickly, this lack of oxygen can result in damage to the brain, which may lead to CP.
Can shoulder dystocia cause brain damage?
Yes. If the baby’s umbilical cord is compressed during delivery, it can restrict blood flow and oxygen to the brain. This can result in brain damage, which may lead to cognitive impairments, developmental delays, or even conditions like cerebral palsy.
Can shoulder dystocia happen with a C-section?
Shoulder dystocia is a complication that occurs during vaginal births, when the baby gets stuck as they pass through the birth canal. While difficulties can arise during a C-section, it isn’t the same as shoulder dystocia.
