Questions?What Are Shoulder Dystocia Compensation Claims?
Shoulder dystocia compensation claims are filed by families when obstetricians and other medical professionals fail to properly manage the condition and cause preventable birth injuries.
Shoulder dystocia occurs when a baby’s shoulders are stuck behind the mother’s pubic bone. This medical emergency must be addressed immediately to prevent serious delivery complications like brain injuries and Erb’s palsy (damage to the brachial plexus nerves, which control arm and hand movement).
A shoulder dystocia claim to compensation helps families provide their child with the medical treatment and care they need. Most shoulder dystocia claims are resolved out of court, allowing quicker access to much-needed money without the stress of a trial.
The Birth Injury Justice Center works with attorneys who can help families in all 50 states. Together, they’ve secured over $1 billion for families nationwide impacted by birth injuries.
See if one of our trusted legal partners can help your family — get a free case review now.
Recent Payouts for Shoulder Dystocia Compensation Claims
The value of a shoulder dystocia claim to compensation usually depends on the severity of the child’s injury, long-term health effects, and projected costs of care.
Families may be entitled to substantial compensation for shoulder dystocia claims when medical mistakes are extreme or a child could require lifetime care.
- $8.9 million to a Minnesota family whose baby suffered severe nerve and spinal injuries
- $4.2 million in Connecticut after a midwife failed to manage shoulder dystocia and caused Erb’s palsy
- $2.7 million for a Massachusetts family who suffered a stillbirth caused by an obstetrician who failed to perform a necessary C-section
- $1.4 million to an Ohio family after excessive pulling by a nurse midwife resulted in brachial plexus nerve damage
- $3.05 million for a New York family whose infant suffered Erb’s palsy and Klumpke’s palsy from mishandled shoulder dystocia
If your child sustained a birth injury related to shoulder dystocia, you may qualify for compensation to help with their medical expenses and ease any financial worries.
A personal injury lawyer can look into the facts surrounding your pregnancy and delivery and pursue a shoulder dystocia claim to compensation if medical negligence may have been involved.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if a top birth injury attorney in our network may be able to file shoulder dystocia claims for you.
Shoulder Dystocia and Medical Malpractice
Shoulder dystocia compensation claims are filed by families when medical errors during pregnancy or delivery harm vulnerable newborns.
Health care providers are trained to detect potential risk factors ahead of time and act quickly to protect the health of the mother and baby. When they fail to properly manage shoulder dystocia and cause preventable injuries, it may be considered medical malpractice.
- Failing to detect shoulder dystocia, leading to serious complications
- Ignoring risk factors, such as maternal diabetes or an unusually large baby (macrosomia)
- Misusing assistive delivery tools like forceps or a vacuum extractor
- Neglecting to call for assistance when shoulder dystocia occurs
- Not performing techniques like the McRoberts maneuver to help release the baby’s shoulder
- Using excessive force while delivering the infant from the birth canal
While some children will recover with proper treatment, others may suffer permanent disabilities like brain damage from lack of oxygen, leading to cerebral palsy and other serious conditions.
If your baby suffered preventable harm, an experienced birth injury attorney may be able to help you pursue a shoulder dystocia claim to compensation.
Who Can File a Shoulder Dystocia Claim to Compensation?
Parents or legal guardians of a child who developed an injury related to the condition may be able to file a shoulder dystocia claim to compensation.
- Parents: The child’s main caregivers who have been directly impacted
- Legal guardians: Individuals with legal responsibility for the child
Shoulder dystocia complications may not be diagnosed until months after delivery when a child starts missing developmental milestones.
You don’t need an official diagnosis to get started filing a shoulder dystocia claim to compensation. We have registered nurses on staff who can help determine your eligibility.
Get connected with one of our experienced labor and delivery nurses right now — for free.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
How to File Shoulder Dystocia Claims
A birth injury lawyer can file shoulder dystocia claims for compensation on behalf of impacted families. With a skilled professional handling all of the legal work, you can focus on what’s truly important — your child’s health and well-being.
- Provide a free case review: Top shoulder dystocia claims lawyers offer free consultations, so you can find out your eligibility to take legal action. Get your free case review right now.
- Gather evidence: Your legal team will collect evidence, like medical records, witness testimony, and expert opinions, to build a claim.
- File your birth injury lawsuit: Your attorney will file a shoulder dystocia lawsuit in the correct court before any legal deadlines.
- Negotiate a shoulder dystocia settlement: Your legal team will work to secure a birth injury settlement as quickly as possible.
However, if a settlement is unable to be reached, your team will be ready to fight for your family in court and work to secure shoulder dystocia injury compensation from a trial verdict.
Medical malpractice lawsuits typically end in out-of-court settlements, providing families with quicker access to money without a time-consuming trial.
Factors That Affect Shoulder Dystocia Claims
Several factors can influence how much a shoulder dystocia claim to compensation may be worth for families. When a child faces severe health effects, families may qualify for $1 million or more.
- Level of medical negligence involved
- Medical bills for birth injury treatments like surgery, medications, and physical therapy
- Pain and suffering experienced by your family
- Severity of your child’s health conditions
- Whether they are likely to suffer long-term impairments
The state in which you live may also affect the value of any shoulder dystocia compensation you may receive, as laws may vary by region.
The Birth Injury Justice Center works with experienced medical malpractice lawyers who can fight for the shoulder dystocia claim to compensation your child deserves.
Get a free case review now to see if we may be able to help you access financial support.
When to Seek Shoulder Dystocia Compensation
You should consider filing a shoulder dystocia claim to compensation as soon as you suspect that medical mistakes caused your child’s birth injury.
Acting quickly is important due to laws called statutes of limitations, which limit how much time you have to take legal action. Once the deadline in your case has expired, you won’t be able to file shoulder dystocia claims again.
Statutes of limitations vary by state. An experienced birth injury lawyer can explain the timeframe in your case, provide legal advice, and act quickly to ensure your shoulder dystocia claim to compensation is filed before your deadline.
Call (800) 914-1562 right now — before time runs out.
Get Help With a Shoulder Dystocia Claim to Compensation
Health care providers are trained to deliver babies safely, even when complications like shoulder dystocia arise. When they stray from their training and cause harm, they can be held responsible.
The Birth Injury Justice Center has partnered with top shoulder dystocia lawyers who can help families in all 50 states and never charge any upfront costs or hourly fees.
Our legal partners have secured over $1 billion for families affected by shoulder dystocia and other preventable injuries, and they may be able to help you, too.
Call (800) 914-1562 right now or fill out our case review form to see if we may be able to help you secure the compensation and justice you deserve.
Shoulder Dystocia Claim to Compensation FAQs
Is shoulder dystocia a disability?
While shoulder dystocia isn’t a disability, it can lead to other conditions that impact how a child moves and functions in the world around them.
When mismanaged, shoulder dystocia can increase the risk of oxygen deprivation, leading to serious injuries like brain damage and cerebral palsy. Doctors can also cause nerve damage, resulting in a brachial plexus injury.
Is shoulder dystocia medical negligence?
Yes, shoulder dystocia may be considered medical negligence when health care providers use too much force in delivering a baby or make other medical mistakes that cause harm.
A shoulder dystocia claim to compensation seeks money for necessary care while holding careless health care providers accountable.
Call (800) 914-1562 now to see if a top birth injury law firm may be able to help you file shoulder dystocia compensation claims.
Does restitution occur in shoulder dystocia?
Families may qualify for compensation from shoulder dystocia claims when health care providers fail to meet the standard of care and cause harm. This money can help cover medical expenses, long-term care, lost wages, and more.
Get a free case review to take the first step toward the justice you deserve.
