Shoulder Dystocia Birth Injury Lawyer

Contact the Carlson Law Firm About Your Shoulder Dystocia Birth Injury Case

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Serving Victims of Shoulder Dystocia Birth Injury

Shoulder dystocia is a delivery complication that occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has been delivered. This situation requires prompt and skilled medical intervention. When handled appropriately, many cases resolve without lasting harm. However, delayed response, excessive force or improper technique can result in serious injury to the newborn.

If your child suffered nerve damage, oxygen deprivation or other complications following shoulder dystocia during delivery, reviewing the circumstances under Texas medical malpractice law may help determine whether preventable errors contributed to the outcome. A shoulder dystocia birth injury lawyer at The Carlson Law Firm can help.

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What Is Shoulder Dystocia?

Shoulder dystocia occurs during vaginal delivery when the baby’s anterior shoulder becomes impacted against the maternal pubic bone. Since the head has already emerged, the situation needs to be resolved quickly. Otherwise, the baby may experience compression of the umbilical cord or reduced oxygen flow.

Healthcare providers are trained to recognize shoulder dystocia and apply specific maneuvers designed to safely free the shoulder without causing unnecessary trauma. These may include:

  • Repositioning the mother
  • Applying controlled traction
  • Performing alternative obstetric techniques
 

The key medical and legal issue in many shoulder dystocia cases is whether the response was timely and performed in accordance with accepted standards of care. If your child experiences shoulder dystocia malpractice, you have options.

How Shoulder Dystocia Can Lead to Birth Injuries

Excessive traction on the baby’s head and neck could stretch or tear the brachial plexus nerves, which control movement and sensation in the arm and shoulder. In other cases, a delay in resolving the obstruction may compromise oxygen supply. Improper management of shoulder dystocia can result in several types of injury, including:

  • Brachial plexus nerve damage
  • Fractures of the clavicle or humerus
  • Brain injury in more severe cases
  • Erb’s palsy
  • Oxygen deprivation
 

Shoulder dystocia does not automatically indicate negligence. A shoulder dystocia malpractice claim may exist only if medical providers failed to anticipate factors, delayed intervention or used excessive force.

Risk Factors of Delivery Complications and Shoulder Dystocia

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Shoulder dystocia can occur unpredictably in some cases. However, certain conditions could increase the likelihood of shoulder dystocia, including:

  • Maternal diabetes
  • Prolonged labor
  • Fetal macrosomia (larger-than-average baby)
  • Prior history of shoulder dystocia
 

When identifiable risk factors are present, healthcare providers may consider alternative planning, including cesarean section when circumstances are appropriate. One of the main questions in legal reviews is whether known risk factors were evaluated and managed before and during labor.

Signs of Injury Following Shoulder Dystocia

After delivery, there are signs that may indicate injury, including:

  • Weak grip strength
  • Visible fractures
  • Limited movement in one arm
  • Abnormal positioning in one arm
  • Delayed motor development
 

One of the most associated complications is brachial plexus injuries. Some children recover with therapy, while others can experience long-term impairment depending on the severity of the nerve damage.

If oxygen deprivation occurred during prolonged obstruction, additional neurological evaluation may be required. Contact a shoulder dystocia birth injury lawyer and schedule a free consultation to have your case evaluated and any legal options explained.

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Evaluating a Shoulder Dystocia Malpractice Claim in Texas

In Texas, shoulder dystocia birth injury claims are generally pursued under medical malpractice law. To establish liability, a claimant must demonstrate:

  • The provider breached the accepted standard of care
  • Damages were a result
  • A healthcare provider owed a duty of care
  • The breach caused injury
 

Texas Civil Practice and Remedies Code 74.351 requires plaintiffs to serve an expert medical report early in the case outlining how the standard of care was allegedly violate. These cases often involve detailed review of delivery notes, fetal monitoring records and testimony from obstetric experts.

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Statute of Limitations in Texas Birth Injury Cases

Most medical malpractice claims in Texas are generally subject to a two-year statute of limitations. If minors are involved in the claim, however, deadlines may be modified according to Code 74.251 of Texas law.

Determining the appropriate filing deadlines can be complicated in birth injury cases, so families may want to review medical records sooner than later with a shoulder dystocia birth injury lawyer.

Potential Damages in Shoulder Dystocia Cases

Each shoulder dystocia malpractice claim depends on the severity of injury and the long-term impact on the child’s life. When negligence contributes to birth injury, compensation could include:

  • Non-economic damages subject to Texas statutory caps
  • Long-term rehabilitation
  • Physical and occupational therapy
  • Lost earning capacity
  • Surgical procedures
  • Medical expenses
 

Texas Civil Practice and Remedies Code 74.301 limits non-economic damages in medical malpractice cases.

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Long-Term Considerations for Brachial Plexus Injuries

Many shoulder dystocia cases involve brachial plexus damage, which can cause permanent weakness or limited arm mobility.  Some children can experience partial or full recovery, but that may require:

  • Physical therapy
  • Surgical nerve repair
  • Ongoing orthopedic care
  • Occupational therapy
 

Accurate evaluation of future care needs is typically an important part of assessing damage in these cases.

Shoulder Dystocia Birth Injury FAQ

No. Shoulder dystocia can occur even when providers act inappropriately. A malpractice claim arises only if there was a failure to meet the accepted standard of care that resulted in injury.

Fetal monitoring strips, delivery records, physician notes and expert medical testimony are usually important to evaluating whether negligence occurred.

Compensation could include therapy expenses, medical costs, long-term care needs and non-economic damages subject to Texas law.

The severity of the injury and nerve damage can affect long-term outcomes. Some mild nerve injuries can improve with therapy, but more serious cases may require surgical intervention.

In most cases, Texas generally provides a two-year statute of limitations for medical malpractice claims. However, under Texas Civil Practice and Remedies Code 74.251, there are modified rules for cases involving minors.

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When to Consider Legal Review by a Shoulder Dystocia Birth Injury Lawyer

While shoulder dystocia can occur even with appropriate care, certain circumstances may warrant a closer examination of the medical records. Situations that may justify evaluation and legal consultation include:

  • A delay in recognizing or responding to shoulder dystocia
  • Inadequate documentation of obstetric maneuvers used during delivery
  • Excessive traction or force applied to the baby’s head or neck
  • Failure to anticipate or plan for unknown risk factors, like maternal diabetes or fetal marcosomia
  • The child exhibits nerve damage, fractures or limited arm movement immediately after birth
 

A legal review allows a shoulder dystocia birth injury lawyer to assess whether the response to the injury met accepted obstetric standards under the circumstances. Seeking a legal evaluation does not presume negligence, but it provides an opportunity to understand whether established medical protocols were followed and if earlier or different intervention could have reduced the risk of injury.

Consult with a Shoulder Dystocia Birth Injury Lawyer

Shoulder dystocia is a delivery complication that requires urgent and skilled medical response. When preventable errors contribute to nerve damage or other complications, families may want to explore their legal options with a shoulder dystocia birth injury lawyer.

If your child was diagnosed with brachial plexus injury, Erb’s palsy or another complication following shoulder dystocia, we can help. The Carlson Law Firm can evaluate the circumstances surrounding your child’s birth and discuss whether further legal action may be appropriate.

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