What Is Shoulder Dystocia Compensation?
Shoulder dystocia compensation is awarded to families for injuries related to medical negligence and is meant to cover immediate expenses and long-term care.
During childbirth, shoulder dystocia happens when a baby’s shoulders are stuck behind the mother’s pubic bone. It is considered a medical emergency and must be addressed immediately.
Shoulder dystocia can lead to serious complications, including Erb’s palsy, a nerve injury that affects arm movement, or more severe outcomes like brain damage from oxygen deprivation. Acting quickly and correctly is critical to prevent long-term harm.
Shoulder dystocia compensation can help families manage the unexpected expenses that come with a birth injury. Settlements are usually reached out of court, sparing new parents the time and emotional strain of a trial.
The Birth Injury Justice Center works with top birth injury lawyers who can help families in all 50 states. Our legal partners have secured over $962 million for families affected by birth injuries, including complications from shoulder dystocia.
If you believe your child’s injury could have been prevented, you may be able to pursue shoulder dystocia compensation.
Get a free case review right now to see if we can help.
Shoulder Dystocia Lawsuit Settlements and Verdicts
The value of shoulder dystocia compensation claims depends on the severity of the baby’s injury and the level of care they received.
Cases of severe harm or extreme medical mistakes can result in payouts of over $1 million.
- $8.9 million in Minnesota after a larger baby suffered severe nerve and spinal injuries
- $6.7 million to an Illinois family for a hospital mishandling a breech delivery that caused a severe brachial plexus injury
- $4.2 million in Connecticut after a baby was diagnosed with Erb’s palsy due to a midwife failing to manage shoulder dystocia
- $1.4 million in Ohio against a nurse midwife for excessive pulling during shoulder dystocia, resulting in brachial plexus ruptures
- $2.7 million in Massachusetts after an obstetrician failed to perform a necessary C-section, leading to stillbirth
- $3.05 million in New York after a newborn suffered Erb’s palsy and Klumpke’s palsy from mishandled shoulder dystocia
You may be entitled to compensation, too, if your child’s condition was caused by medical negligence.
It’s best to get a free consultation with an experienced legal professional to find out how much you might receive from shoulder dystocia lawsuit compensation.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you with a top birth injury lawyer near you.
Shoulder Dystocia and Medical Malpractice
When medical negligence during childbirth leads to complications like nerve damage or brachial plexus injuries, shoulder dystocia compensation may be awarded.
This medical emergency requires prompt and skilled medical intervention to prevent harm.
Medical malpractice related to shoulder dystocia can occur when health care providers fail to properly manage the situation, leading to preventable injuries.
- Failing to get help when shoulder dystocia occurs
- Missing shoulder dystocia altogether, causing serious complications
- Neglecting to perform timely actions, like using the McRoberts maneuver
- Overlooking key risk factors, such as a large baby or maternal diabetes
- Using improper delivery techniques, like pulling too hard
If your baby’s condition could have been prevented, an experienced personal injury attorney may be able to help you pursue shoulder dystocia settlement payouts.
Who Can File Shoulder Dystocia Compensation Claims?
Families of children harmed by the condition may be able to file a lawsuit and seek shoulder dystocia settlement payouts if medical negligence played a role.
Here’s who may qualify to file shoulder dystocia compensation claims:
- Parents: The child’s primary caregivers who have been directly affected
- Legal guardians: Individuals with legal responsibility for the child
When shoulder dystocia occurs, it can lead to serious complications like Erb’s palsy, a nerve injury that affects arm movement and strength.
These injuries may require ongoing therapy, surgeries, or other costly treatments.
Even if you’re unsure about the full extent of your child’s injuries, seeking legal advice early can help you understand your options for financial compensation.
If you have questions about whether you could have a legal claim, connect with one of our experienced registered nurses right now.
Talking to our team is free, and there is no obligation to move forward.
Steps to Pursuing Shoulder Dystocia Settlement Payouts
Securing shoulder dystocia compensation involves several key steps. Understanding the legal process can help families feel more confident in securing the support they need to manage the challenges of a birth injury.
- Free case review: Top lawyers offer free consultations to see if you may be eligible for shoulder dystocia settlement payouts. Get a free case review now.
- Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
- File the lawsuit: Next, your attorney will file your birth injury lawsuit in the correct court, ensuring any legal deadlines are met.
- Negotiate a settlement: Your lawyer will work with the other side to reach a birth injury settlement as quickly as possible.
If a settlement isn’t reached, your attorney will continue fighting for your family in court.
However, most birth injury lawsuits settle out of court, providing families with faster access to justice and compensation.
When you work with an experienced birth injury attorney, you can focus on your child. In the meantime, your legal team will fight for the shoulder dystocia compensation your family deserves.
Factors That Affect Shoulder Dystocia Compensation
Several factors influence the amount of compensation families may receive from shoulder dystocia compensation claims.
- Extent of medical negligence during childbirth
- Harm caused by shoulder dystocia and its long-term impact
- Medical costs for treatments like surgeries or therapies
- Pain and suffering experienced by the child and family
- State laws, as regulations for lawsuits vary by location
The Birth Injury Justice Center partners with skilled attorneys who can assess all costs and fight for shoulder dystocia settlement payouts to help cover your child’s lifelong care.
Get a free case review to see if we can help your family.
When to Seek Shoulder Dystocia Settlement Payouts
Families should consider pursuing shoulder dystocia compensation claims as soon as they suspect their child’s condition could have been prevented.
Acting quickly is essential because there’s a strict legal deadline for filing lawsuits, called the statute of limitations. Once this window passes, you won’t be able to take legal action.
Each state has its own deadline for filing birth injury cases, so it’s important to consult a local attorney familiar with your state’s laws.
A skilled birth injury lawyer can explain the deadline for your case and ensure your lawsuit is filed on time.
Don’t wait to find out what options your family may have — call us right now at (800) 914-1562.
Get Help Seeking Newborn Shoulder Dystocia Compensation
The Birth Injury Justice Center knows that your child’s health and safety come first.
Filing newborn shoulder dystocia compensation claims results in the resources you need for your child’s medical expenses and care.
We’ve partnered with experienced lawyers who can help families in all 50 states.
If you qualify, our legal partners will handle the process on your behalf. They will ensure your rights are protected, and fight for the compensation your family deserves.
Our legal partners 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.
Shoulder Dystocia Compensation FAQs
Is shoulder dystocia a disability?
No, shoulder dystocia itself is not a disability. However, it can lead to complications, like brachial plexus injuries or nerve damage, which may result in long-term disabilities.
Can you claim for shoulder dystocia?
Yes, you can file a claim for shoulder dystocia compensation if medical negligence during childbirth caused harm to your baby or led to complications. Compensation can help cover medical expenses and ongoing care.
The Birth Injury Justice Center works with top attorneys across the country.
If your child was harmed, call us right now at (800) 914-1562 to see if we can connect you.
How much are shoulder dystocia lawsuit settlements?
Shoulder dystocia compensation varies depending on factors like the severity of harm, ongoing medical needs, and long-term effects.
However, the average birth injury settlement is over $1 million for severe harm.
Experienced birth injury lawyers can evaluate the specifics of your case and tell you how much money you may be entitled to. These skilled attorneys fight for the maximum compensation allowed by law.
Is shoulder dystocia a doctor's fault?
Shoulder dystocia is often unpredictable and not always preventable. However, if a doctor fails to manage it correctly or causes harm through improper actions, they could be held responsible for medical negligence.
Experienced professionals can help you determine whether malpractice played a role in your child’s injury.
Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses for free about whether your child’s condition could have been prevented.
Can I sue for newborn shoulder dystocia?
Yes, you may be able to sue for shoulder dystocia if it resulted from medical mistakes or improper care during delivery. A lawsuit could help you recover compensation for your child’s injuries and related costs.
It’s important to consult with an experienced medical malpractice attorney to determine the best course of action.
Get a free case review right now to find out if we can connect you with a skilled shoulder dystocia lawyer near you.
How much does it cost to file a shoulder dystocia compensation claim?
Most birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees for their services. Your legal team only gets paid if they secure compensation for you.