Example Shoulder Dystocia Birth Injury Lawsuit

Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during childbirth. This condition requires immediate and skilled medical intervention to avoid severe consequences for both the mother and baby.

Failure to Perform a C-Section

In most shoulder dystocia medical malpractice lawsuits, what our lawyers see is a window where doctors can do a timely C-section, which can lead to shoulder dystocia. Recognizing when a C-section is necessary is a critical part of prenatal and labor care. Failure to make this decision can result in serious injuries, such as brachial plexus injuries, Erb’s palsy, or even brain damage and cerebral palsy due to oxygen deprivation.

Understanding the grounds for a shoulder dystocia claim involves knowing the potential signs and risk factors that indicate a C-section might be necessary. These can include the baby’s size, the mother’s pelvic structure, prolonged labor, or previous complications in childbirth.

When these signs are present, healthcare providers must act quickly and decisively. Delays or errors in judgment can have long-lasting repercussions. So these lawsuits often focus on whether the medical team failed to recognize the need for a C-section or did not take appropriate measures to manage the delivery safely.

Building the Case

To build a strong shoulder dystocia claim, detailed medical records are essential. These records help establish whether the healthcare providers followed standard protocols and made informed decisions based on the mother’s and baby’s conditions. Expert testimony can also play a critical role in these cases, providing insights into what should have been done differently to prevent the injuries.

Pursuing a shoulder dystocia claim can help secure compensation for medical expenses, ongoing care, and other related costs. It also serves to hold medical professionals accountable, potentially leading to improvements in medical practices and preventing future incidents.

Bringing a Claim

Remember that understanding your rights and the claims process can empower you to make informed decisions for your family’s future. Seek guidance from trusted professionals who can provide clarity on the legal and medical aspects of your situation.

Shoulder dystocia claims are not just about seeking compensation—they are about advocating for your child and ensuring that the same mistakes do not harm other families. By understanding the claims process and your rights, you can take meaningful steps toward securing the support and justice your child deserves.

If you suspect that a failure to perform a C-section led to shoulder dystocia and subsequent injuries to your child, take the time to gather all relevant information and consider consulting with experts who specialize in this area. Your vigilance and determination can make a significant difference in the outcome of your case and the well-being of your child.

Example Shoulder Dystocia Lawsuit

Williams v. Greater Baltimore Medical Center

This is a birth injury medical malpractice case filed on behalf of a two-year-old child in Baltimore County alleging shoulder dystocia lead to a permanent brachial plexus injury against GBMC, a doctor, and related entities. This case was filed in Health Claims Arbitration.

Summary of Plaintiff’s Allegations

A mother goes to Greater Baltimore Medical Center (GBMC) in Baltimore County during her pregnancy, which is complicated by gestational diabetes. She has an ultrasound done three times.

After these ultrasounds, the doctor discusses his findings with the woman and explains his concern regarding her gestational diabetes. The woman opts to have an induction instead of a C-section, and the doctor warns her that she may need to have one if she attempts a vaginal delivery. They schedule the induction.

One day before the scheduled induction, the woman’s water breaks. The woman reports to GBMC and is admitted early in the morning. Throughout the day, she is given an epidural, and she is monitored. Early that evening, the baby is delivered vaginally. The baby is noted to have left arm flaccid, which is a complication of vaginal delivery shoulder dystocia. As a result, the baby suffers an extensive left brachial plexus injury which is a permanent injury which restricts the use of her left arm, for the rest of her life.

The child and her mother bring a suit, alleging that the doctor should not have attempted a vaginal delivery given the baby’s expected weight, gestational age and the risk of gestational diabetes. Plaintiff’s malpractice lawyer further maintained in the lawsuit that the OB/GYN applied excessive traction during the baby’s delivery.

Additional Comments

• The expert report from Dr. Soffer is pretty bare bones so we have a lot of questions that do not have answers. It is unclear how severe the child’s injury will be. The child is two-years-old, so we may not even yet know the severity of the injury. The Complaint says “restricts the use of her left arm” but obviously there are relative degrees of restricted use.
• Shoulder dystocia is a well-recognized obstetrical complication that the OB/GYN has to navigate. Shoulder dystocia occurs when a baby’s head is delivered and but the baby’s shoulder is stuck on the mother’s pelvic outlet. With the head delivered, and the shoulder stuck, the brachial plexus is vulnerable to lateral traction. What is lateral traction? It is the upward, downward, or rotational pulling force to the infant’s head. As a result of this trauma, the brachial plexus can be unduly stretched.
• To battle through shoulder dystocia, the proper performance of standard maneuvers designed to release the impacted shoulder is required. The standard of care of an OB/GYN requires that the delivering doctor avoids excessive traction. A procedure called the McRobert’s maneuver, suprapubic pressure, delivery of posterior arm, and Woods’ corkscrew maneuver are other weapons to ensure a safe but timely delivery.
• What is the evidence of excessive traction? Presumably, this comes from the testimony of the mother and the father if he was also in the room. It would not be a surprise to get a motion in limine arguing that there is no medical trained eyewitness of excessive traction and “no evidence in the record” of excessive traction.

Jurisdiction

• Baltimore County

Defendants

• Greater Baltimore Medical Center
• Greater Baltimore Medical Associates
• A board certified OB/GYN
• Capital Women’s Care

Hospitals Where Patient was Treated

• Capital Women’s Care
• Greater Baltimore Medical Center

Negligence

• Breach of the standard of care in the failure to properly monitor and treat, failure to prevent harm to the baby, and failure to use appropriate methods during delivery

Specific Counts Pled

• Medical negligence
• Lack of informed consent

Plaintiff’s Experts and Areas of Specialty

• Jeffrey Soffer, M.D. – a Howard University-educated doctor in New Jersey who is board certified in obstetrics and gynecology

Getting a Birth Injury Lawyer for You and Your Child’s Claim

Have you suffered as the result of the negligence of a doctor, nurse or hospital? Our law firm may be able to help you get the compensation and justice for you and your child for the awful harm that has been done. Miller & Zois has a very long history of results in medical negligence claims in Maryland, earning large verdicts and settlements.

Call us today at 800-553-8082 to speak with a medical negligence attorney who can help you or go online for a free online case review.

More Malpractice Claim Information

• What is the settlement value of a birth injury case like this?  We give statistics and sample verdicts and settlements
• Learn about birth injuries in medical malpractice cases
• Filing a birth injury case in Maryland
• A birth injury case filed by Miller & Zois in Anne Arundel County
• A case filed against a hospital in Baltimore City due to a failure to give C-section
• GBMC has a Level III NICU