Childbirth can change from routine to emergency in seconds. One of the most dangerous and unpredictable delivery complications is shoulder dystocia—a situation where a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. When not handled properly, shoulder dystocia can result in severe and permanent birth injuries.
At Bounds Law Group, we represent families throughout Florida in complex birth injury and medical malpractice cases. One of the most common preventable birth injuries we investigate involves brachial plexus damage caused by negligent management of shoulder dystocia during labor and delivery.
If you believe negligent medical care caused you or your loved one's injuries or death, complete our free case evaluation form or call 877-644-5122 today.
What Is Shoulder Dystocia?
Shoulder dystocia occurs when, after the baby’s head is delivered, one or both shoulders become stuck inside the birth canal. This creates a medical emergency because:
- The baby cannot fully exit the birth canal
- The umbilical cord may become compressed
- Oxygen supply can be compromised
- The baby’s neck and shoulder are vulnerable to injury
Obstetric providers are trained in specific maneuvers designed to safely resolve shoulder dystocia. When those maneuvers are performed improperly—or excessive force is used—serious injuries can occur.
What Is a Brachial Plexus Injury?
The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. During a difficult delivery, excessive pulling or traction on the baby’s head and neck can stretch or tear these nerves.
Common types of brachial plexus injuries include:
- Erb’s palsy (upper arm weakness or paralysis)
- Klumpke’s palsy (lower arm and hand involvement)
- Partial nerve tears
- Complete nerve rupture
- Nerve root avulsion (most severe form)
Some infants recover with therapy. Others suffer permanent paralysis, weakness, or limited mobility in the affected arm.
How Medical Negligence Causes These Injuries
While shoulder dystocia itself is not always preventable, improper management often is.
Common medical errors include:
Excessive Traction on the Baby’s Head
Pulling forcefully on the baby’s head to free the shoulder can overstretch or tear the brachial plexus nerves.
Failure to Perform Proper Maneuvers
Standard obstetrical techniques for resolving shoulder dystocia include:
- McRoberts maneuver
- Suprapubic pressure
- Delivery of the posterior arm
- Repositioning the mother
Failure to properly attempt these maneuvers—or performing them incorrectly—may constitute negligence.
Failure to Anticipate Risk Factors
Certain conditions increase the likelihood of shoulder dystocia, including:
- Fetal macrosomia (large baby)
- Maternal diabetes
- Maternal obesity
- Prior history of shoulder dystocia
- Prolonged labor
If risk factors are present, providers may need to consider a planned cesarean section.
Delayed Decision to Perform a C-Section
In some cases, labor complications indicate that vaginal delivery may not be safe. Delaying a C-section when warning signs are present can increase the risk of injury.
The Long-Term Impact of Brachial Plexus Injuries
For many families, the effects of a brachial plexus injury last a lifetime. Depending on severity, children may require:
- Physical and occupational therapy
- Nerve graft surgery
- Tendon transfer procedures
- Orthopedic interventions
- Ongoing medical care
- Assistive devices
In severe cases, permanent loss of arm function can affect education, employment opportunities, and quality of life.
If oxygen deprivation also occurs during the dystocia event, the child may suffer additional neurological injuries.
Florida’s Standard of Care in Shoulder Dystocia Cases
Under Florida Statutes Chapter 766, obstetricians and labor and delivery staff must meet the prevailing professional standard of care. This includes:
- Identifying risk factors before delivery
- Monitoring labor progression carefully
- Recognizing shoulder dystocia immediately
- Applying appropriate maneuvers correctly
- Avoiding excessive traction
- Documenting events accurately
When a reasonably prudent obstetric provider would have acted differently—and that failure leads to nerve damage—medical malpractice may have occurred.
Signs That a Birth Injury May Have Occurred
Parents may notice signs of brachial plexus injury shortly after birth, including:
- One arm limp or weak
- Lack of movement in the shoulder or elbow
- Absent Moro reflex on one side
- Grasping ability present but inability to lift the arm
- Visible swelling or bruising near the shoulder
Early diagnosis is important for treatment—but understanding whether the injury was preventable is equally critical.
Proving a Florida Birth Injury Medical Malpractice Case
Shoulder dystocia cases require detailed review of:
- Labor and delivery records
- Fetal weight estimates
- Timing of events during delivery
- Documentation of maneuvers used
- Physician and nurse notes
- Neonatal evaluations
Expert testimony from obstetricians and pediatric neurologists is typically required to determine whether excessive traction or improper technique caused the injury.
Florida law also requires compliance with strict pre-suit procedures, including obtaining a corroborating medical expert opinion before filing a lawsuit.
Compensation in Florida Brachial Plexus Birth Injury Cases
When negligence causes permanent nerve damage, families may be entitled to compensation for:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Surgical procedures
- Assistive devices
- Loss of earning capacity
- Pain and suffering
- In severe cases, lifetime care needs
Birth injury cases are about ensuring children have the resources they need for the future.
The Complexity of Shoulder Dystocia Malpractice Claims
Hospitals and obstetric providers often argue that brachial plexus injuries can occur without negligence. While that can be true in rare cases, improper force and delayed interventions frequently play a role.
These cases require:
- Careful medical record analysis
- Independent expert review
- Reconstruction of delivery events
- Strict adherence to Florida’s statutory requirements
At Bounds Law Group, we understand the medical and legal complexities of birth injury litigation throughout Florida.
Contact Bounds Law Group for a Free Consultation
If your child was diagnosed with Erb’s palsy or suffered a brachial plexus injury during delivery in Florida, you deserve answers.
Bounds Law Group represents families in serious birth injury medical malpractice cases across the state. We carefully evaluate labor and delivery records to determine whether preventable errors occurred.
Contact Bounds Law Group today for a confidential, free consultation. Let us help you understand your legal options and whether negligence contributed to your child’s injury.
Sources
- American College of Obstetricians and Gynecologists (ACOG) – Shoulder Dystocia Practice Bulletin
Clinical guidance on managing shoulder dystocia during childbirth.
https://www.acog.org - National Institute of Neurological Disorders and Stroke – Brachial Plexus Injuries
Overview of causes and treatment of nerve injuries affecting the arm.
https://www.ninds.nih.gov - Florida Statutes Chapter 766 – Medical Malpractice Law
Florida law governing standard of care and pre-suit requirements in medical negligence cases.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html