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Medically Reviewed By: Dr. Sarah Mitchell, M.D. — Board-Certified Physician, Medical Reviewer

Birth Injury Guide

Shoulder Dystocia Birth Injury Guide

Shoulder dystocia during delivery can cause brachial plexus injury (Erb's palsy), brain damage, and lifelong disability. Learn the risk factors, proper management, and your legal rights in New York.

If you or a loved one has been affected by birth injury in New York, our experienced New York birth injury lawyer team can help. MDLaw Firm has recovered millions for victims of medical negligence across all five boroughs — call 347-524-5777 for a free consultation.

What Is Shoulder Dystocia?

Shoulder dystocia is a birth complication that occurs during delivery when the baby's anterior shoulder becomes lodged behind the mother's pubic bone after the head has emerged. When this happens, the baby cannot be delivered using routine delivery maneuvers, and the obstetrician must perform specific emergency maneuvers to free the shoulder.

Shoulder dystocia is a medical emergency. The longer it takes to resolve, the greater the risk of permanent injury to the baby — particularly brachial plexus injury (damage to the nerves that control the arm and hand) and brain damage from oxygen deprivation.

How Shoulder Dystocia Causes Birth Injury

Brachial Plexus Injury (Erb's Palsy)

The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the arm. When excessive traction or pulling is applied to the baby's head during a shoulder dystocia delivery, these nerves can stretch, tear, or rupture — resulting in Erb's palsy (weakness or paralysis of the upper arm) or Klumpke's palsy (weakness or paralysis of the lower arm and hand).

While some brachial plexus injuries resolve spontaneously within months, others cause permanent disability requiring nerve graft surgery, tendon transfers, and lifelong therapy.

Brain Damage from Oxygen Deprivation

If the shoulder dystocia is not resolved quickly, the baby may be deprived of oxygen. The umbilical cord can be compressed between the baby's body and the mother's pelvis, cutting off blood flow. Prolonged oxygen deprivation can cause hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and permanent brain damage.

Fractures

In some cases, the baby's clavicle (collarbone) or humerus (upper arm bone) may fracture during delivery — either as a result of the shoulder dystocia itself or as a consequence of the maneuvers used to resolve it. While many fractures heal without complications, some require surgical intervention.

Risk Factors for Shoulder Dystocia

Obstetricians should identify risk factors for shoulder dystocia before delivery, including:

  • Fetal macrosomia: A larger-than-average baby (over 4,000-4,500 grams)
  • Maternal diabetes: Increases the risk of macrosomia and shoulder dystocia
  • Post-term pregnancy: Delivering after 40 weeks increases baby size
  • Prior shoulder dystocia: History of shoulder dystocia in a previous delivery
  • Prolonged labor: Especially the second stage of labor
  • Operative vaginal delivery: Use of forceps or vacuum extraction

When these risk factors are present, the obstetrician should consider whether a cesarean section is indicated to avoid the risk of shoulder dystocia. Failure to recommend a C-section when risk factors are present may constitute negligence.

Proper Management of Shoulder Dystocia

The standard of care for managing shoulder dystocia includes specific maneuvers, typically performed in order:

  1. McRoberts maneuver: Hyperflexing the mother's hips to flatten the sacrum and rotate the pubic symphysis
  2. Suprapubic pressure: Applying pressure above the pubic bone to rotate the baby's shoulder
  3. Rubin maneuver: Rotating the baby's anterior shoulder internally
  4. Woods' corkscrew maneuver: Rotating the posterior shoulder to anterior
  5. Delivery of the posterior arm: Reaching in and delivering the posterior arm first

Maneuvers that should never be used include:

  • Excessive traction (pulling) on the baby's head — this is the primary cause of brachial plexus injury
  • Fundal pressure (pushing on the top of the uterus) — this can worsen the impaction

When Shoulder Dystocia Constitutes Medical Malpractice

Shoulder dystocia malpractice claims typically involve one or more of the following:

  • Failure to anticipate: Not identifying risk factors (macrosomia, diabetes, prior history) that should have prompted a C-section recommendation
  • Improper delivery technique: Applying excessive traction or fundal pressure instead of the standard maneuvers
  • Delayed C-section: Not performing a timely cesarean when shoulder dystocia cannot be resolved
  • Inadequate team response: Not having the right personnel (neonatologist, anesthesia) available for a high-risk delivery
  • Failure to document: Not properly documenting the time of shoulder dystocia diagnosis and maneuvers performed

Statute of Limitations for Shoulder Dystocia Claims

Under CPLR § 208, the statute of limitations for birth injury claims involving infants is tolled until the child's 18th birthday — but cannot extend beyond the child's 10th birthday in most cases. This means families may have up to 10 years from the date of birth to file a shoulder dystocia malpractice claim, but earlier filing is always recommended.

Why Choose MDLaw

MDLaw Firm has extensive experience handling shoulder dystocia and brachial plexus injury cases in New York. Our team works with board-certified obstetricians and pediatric neurologists to review delivery records and identify where the standard of care was breached. We handle all birth injury cases on a contingency fee basis.

If your child suffered a brachial plexus injury, Erb's palsy, or brain damage during a shoulder dystocia delivery in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.

If you or a loved one suffered from a birth injury, contact our Birth Injury lawyers today for a free, confidential consultation. Call 347-524-5777 or request a case review online.

Proven Results

Our NYC medical malpractice trial lawyers have recovered millions for victims of medical negligence across New York.

How Much Is My Shoulder Dystocia Birth Injury Guide Case Worth?

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.

Catastrophic Injury (Brain Damage, Cerebral Palsy, Quadriplegia)

$5,000,000 - $50,000,000+

Key Factors

  • Lifetime care needs (often $10M+)
  • Loss of future earnings
  • Pain and suffering
  • Medical equipment and home modifications
  • 24/7 nursing care

Examples

  • Birth injury resulting in cerebral palsy
  • Anesthesia hypoxic brain injury
  • Surgical error causing paralysis

Wrongful Death

$1,000,000 - $15,000,000

Key Factors

  • Decedent's age and earning capacity
  • Pecuniary loss to distributees (EPTL 5-4.1)
  • Conscious pain and suffering before death
  • Loss of parental guidance
  • Medical and funeral expenses

Examples

  • Failure to diagnose cancer leading to death
  • Surgical error causing fatal hemorrhage
  • Delayed sepsis treatment

Significant Permanent Injury

$500,000 - $5,000,000

Key Factors

  • Permanent partial disability
  • Future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Impact on quality of life

Examples

  • Wrong-site surgery
  • Nerve damage from surgical error
  • Delayed stroke diagnosis causing permanent deficit

Serious but Non-Permanent Injury

$250,000 - $1,000,000

Key Factors

  • Temporary disability
  • Medical expenses
  • Lost wages during recovery
  • Pain and suffering
  • Emotional distress

Examples

  • Surgical site infection
  • Medication error requiring prolonged hospitalization
  • Delayed fracture diagnosis

Factors That Affect Your Settlement

Severity of Injury

More severe and permanent injuries command higher settlements due to lifetime care costs.

Liability Strength

Clear negligence (e.g., retained surgical object) yields higher offers than contested liability.

Economic Damages

Medical bills, lost wages, and future care costs are quantifiable and form the settlement floor.

Non-Economic Damages

Pain and suffering, loss of enjoyment of life, and emotional distress vary by injury type.

NY Statutory Caps

New York has NO caps on medical malpractice damages, unlike many other states — allowing for full compensation.

Medical Indemnity Fund (MIF)

Birth-related neurological injuries may qualify for the NY MIF, providing lifetime medical coverage.

Comparative Negligence

If the plaintiff is partially at fault, the settlement is reduced by their percentage of fault (CPLR 1411).

Defendant Resources

Hospital systems and their insurers typically have higher policy limits than individual providers.

Frequently Asked Questions

What is the average medical malpractice settlement in New York?

The average medical malpractice settlement in New York varies widely by injury type, but typically ranges from $500,000 to $5,000,000 for significant injuries. Catastrophic injuries such as cerebral palsy or brain damage can exceed $10,000,000. New York has no caps on damages, so there is no artificial ceiling on compensation.

How long does a medical malpractice case take in New York?

Most medical malpractice cases in New York take 18-36 months from filing to resolution. Complex cases involving multiple defendants or novel legal issues can take 3-5 years. Cases that settle before trial typically resolve faster, while cases that go to verdict can take significantly longer.

What percentage do medical malpractice lawyers take in NY?

New York medical malpractice attorneys typically work on a contingency fee basis, meaning you pay nothing upfront. The standard fee is 30% of the recovery, though it may vary by case complexity and stage of resolution. The fee must be approved by the court.

Are medical malpractice settlements taxable in New York?

Compensation for physical injuries and medical expenses is generally not taxable under federal and New York tax law. However, portions allocated to lost wages or punitive damages may be taxable. Consult a tax professional for guidance on your specific settlement.

What if I was partially at fault for my injury?

New York follows comparative negligence (CPLR 1411), meaning your settlement is reduced by your percentage of fault. For example, if you are found 20% at fault and the total damages are $1,000,000, you would recover $800,000. You can recover compensation as long as you are not 100% at fault.

Get a Personalized Case Valuation

Every case is unique. Our attorneys can evaluate the specific facts of your situation and provide an estimated range of compensation. This consultation is free and confidential.

Experience & Credentials

40+ Years of New York Medical Malpractice Experience

Our firm has dedicated over four decades to representing patients harmed by medical negligence in New York. Below are the credentials and trial results that establish our authority in this specialized field.

40+ Years of Combined Experience

Our founding attorneys have over four decades of combined experience litigating medical malpractice cases exclusively in New York courts. We have tried cases in Supreme Court, New York County, Bronx County, Kings County, Queens County, and Richmond County, as well as federal courts.

Notable Trial Wins

Our attorneys have secured numerous multi-million-dollar verdicts and settlements, including a $32 million verdict for a birth injury resulting in cerebral palsy, a $18.5 million settlement for a delayed cancer diagnosis, and a $12 million verdict for a surgical error causing permanent disability. While prior results do not guarantee future outcomes, our track record demonstrates our commitment to maximizing compensation.

Board Certifications

Our lead trial attorneys hold prestigious certifications, including admission to the Multi-Million Dollar Advocates Forum (top 1% of U.S. trial lawyers), Super Lawyers selection, and Avvo 'Superb' 10.0 ratings. Multiple attorneys are certified by the American Board of Trial Advocates (ABOTA).

Medical-Legal Expertise

Our firm employs in-house nurse consultants and maintains a network of board-certified physician experts across all specialties. This medical-legal integration allows us to review records, identify deviations from the standard of care, and build compelling expert testimony from day one.

NY-Specific Experience

We have deep expertise in New York's unique medical malpractice laws, including CPLR 214-a (statute of limitations), CPLR 3012-a (certificate of merit), General Municipal Law 50-e (Notice of Claim for public hospitals), EPTL 5-4.1 (wrongful death), and the New York Medical Indemnity Fund (MIF). We also litigate under Lavern's Law for cancer misdiagnosis cases.

Attorney Profiles

Our attorneys have been recognized by Super Lawyers, Best Lawyers in America, and the Multi-Million Dollar Advocates Forum. Each attorney focuses exclusively on medical malpractice litigation in New York State and federal courts.

Schedule a Free Consultation with Our Attorneys →

Shoulder Dystocia Birth Injury?

If your child suffered a brachial plexus injury or brain damage during a shoulder dystocia delivery in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.