Bringing a child into the world should be a joyous occasion, but complications during delivery can result in serious birth injuries. One such complication is shoulder dystocia birth injury, a condition that occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. If not properly managed, this can lead to severe injuries for both the infant and mother. When medical negligence plays a role in causing these injuries, families may have legal options to pursue compensation.
What Is a Shoulder Dystocia During Birth?
Shoulder dystocia is an obstetric emergency that requires immediate medical intervention. It occurs when, after the delivery of the baby’s head, one or both of the baby’s shoulders become stuck inside the mother’s pelvis. This can delay birth and increase the risk of serious complications, including:
- Brachial plexus injuries (nerve damage affecting movement and sensation in the arm),
- Clavicle fractures,
- Lack of oxygen to the baby, leading to brain injury or other neurological issues, and
- Severe postpartum hemorrhaging for the mother
Doctors and medical staff are trained to recognize and respond to shoulder dystocia. However, when they fail to act appropriately, their negligence can result in life-altering consequences for the child and mother.
How Common Is Shoulder Dystocia?
While shoulder dystocia is relatively rare, it is not unheard of. According to the American College of Obstetricians and Gynecologists (ACOG), shoulder dystocia occurs in approximately 0.2% to 3% of all vaginal deliveries. Certain risk factors increase the likelihood of this complication, including:
- Large birth weight (macrosomia),
- Maternal diabetes,
- Prolonged labor or delivery,
- Previous history of shoulder dystocia,
- Use of assisted delivery tools such as forceps or vacuum extraction,
- Maternal obesity or excessive weight gain during pregnancy, and
- Advanced maternal age
Regardless of whether risk factors are present, medical professionals have a duty to monitor and manage labor appropriately to prevent avoidable injuries. Proper prenatal care, accurate risk assessment, and timely medical interventions can significantly reduce the likelihood of shoulder dystocia and its complications.
When Does Shoulder Dystocia Constitute Medical Malpractice?
Not every case of shoulder dystocia birth injury is the result of medical malpractice. In fact, shoulder dystocia can be challenging to predict and cannot be reliably prevented. However, there are situations where a healthcare provider’s negligence may contribute to or cause the injuries sustained. Medical malpractice occurs when a doctor, nurse, or other medical professional fails to meet the accepted standard of care, resulting in harm to the patient.
If your child suffered a preventable shoulder dystocia birth injury, you may have legal grounds to file a shoulder dystocia birth injury claim against the responsible medical provider or facility. Seeking legal guidance as soon as possible can help ensure your case is properly documented and pursued. In shoulder dystocia cases, negligence can occur in many ways including:
- Failure to iIdentify rRisk fFactors. If a doctor does not recognize key risk factors during prenatal care, they may fail to take preventive measures, such as recommending a cesarean section (C-section) to avoid complications.
- Delayed or iImproper Rresponse. Shoulder dystocia requires swift and precise intervention. If medical professionals do not act quickly or if they apply incorrect maneuvers, the baby can suffer oxygen deprivation or nerve damage.
- Excessive fForce dDuring dDelivery. Improper use of forceps, vacuum extraction, or excessive traction on the baby’s head can result in severe birth injuries, including brachial plexus injuries and fractures.
- Failure to mMonitor fFetal dDistress. Fetal monitoring is crucial during labor and delivery. If a baby shows signs of distress and the medical team does not intervene appropriately, preventable injuries may occur.
- Lack of eEmergency pPlanning. Hospitals and medical teams should have protocols in place for handling obstetric emergencies like shoulder dystocia. A lack of training, poor communication, or failure to follow established guidelines can contribute to serious complications.
Even if you are not sure whether a provider’s negligence contributed to or caused your child’s shoulder dystocia birth injury, you should consult an experienced attorney who can help you determine what course of action, if any, you should take.
Pursuing a Shoulder Dystocia Birth Injury Claim in Maryland
Maryland law allows families to seek compensation for medical negligence that results in birth injuries. A shoulder dystocia birth injury claim can help families recover damages for:
- Medical expenses (past and future),
- Rehabilitation and therapy costs,
- Pain and suffering,
- Permanent disability or disfigurement,
- Emotional distress, and
- Lost earning capacity if the child’s injury leads to lifelong limitations.
Under Maryland law, medical malpractice claims must generally be filed within the shorter of three years from the date of discovery of the injury or five years from the date of the injury. However, different rules apply in cases involving the claims of minors, extending the time to file a claim. Because birth injury claims involve complex medical evidence, working with experienced legal counsel is essential to ensuring your case is properly evaluated and filed within the appropriate timeframe.
How Brockstedt Mandalas Federico Can Help
At Brockstedt Mandalas Federico LLC, we understand the devastating impact that a shoulder dystocia birth injury can have on a family. Our experienced medical malpractice attorneys have a proven track record of holding negligent healthcare providers accountable and securing compensation for victims.
When you work with our team, we will:
- Conduct a thorough investigation into the circumstances surrounding your child’s birth,
- Consult with medical experts to determine whether negligence occurred,
- Handle all legal filings and negotiations with insurance companies and healthcare providers,
- Fight for the maximum compensation available to you and your family, and
- Provide compassionate support and clear communication throughout the legal process.
Our firm is dedicated to advocating for families who have suffered due to medical negligence. We understand that pursuing legal action can feel overwhelming, but we are here to guide you every step of the way. With our experience, resources, and commitment to justice, you can focus on your family’s well-being while we handle the legal complexities.
Contact Us Today for a Free Consultation
If you suspect that medical negligence contributed to your child’s shoulder dystocia birth injury, you do not have to face this battle alone. The attorneys at Brockstedt Mandalas Federico LLC have recovered over $1 billion for our clients and are here to provide the guidance and legal representation you need. Contact us today for a free consultation to discuss your case and explore your legal options.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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