What Is Shoulder Dystocia? Building a Medical Malpractice Case for This Birth Injury
Childbirth is supposed to be a moment of joy and relief. But for some parents, it becomes one of confusion and fear. Shoulder dystocia is one of the most stressful complications that can happen during delivery. It occurs when a baby’s shoulders become trapped after the head is delivered, and in that short window of time, the choices a doctor makes can determine everything.
For many families, this medical emergency leads to lasting consequences. Some babies are injured during forceful delivery, and parents are left wondering why the warning signs weren’t caught earlier.
At Vinkler Law, we’ve worked with families across Chicago who have lived through this exact nightmare. Our role as a birth injury lawyer in Chicago is to bring truth, accountability, and justice to those moments when medical care falls short.
What Is Shoulder Dystocia? Ask Your Personal Injury Lawyer, Vinkler Law
Shoulder dystocia happens when the baby’s shoulder gets stuck behind the mother’s pelvic bone during a delivery. It’s a rare complication, but one that requires quick and skilled action. Once the baby’s head has been delivered, the shoulders should follow easily. When they don’t, oxygen flow can be compromised, and both mother and baby are in danger.
Doctors are trained to recognize this emergency and respond immediately using property medical treatment shoulder dystocia maneuvers such as:
- The McRoberts maneuver (positioning the mother’s legs to widen the pelvis)
- Suprapubic pressure (pressing above the pubic bone to free the shoulder)
- Delivery of the posterior arm to reduce the shoulder’s width
When performed correctly, these maneuvers can safely deliver the baby. When they’re delayed, ignored, or done improperly, severe injuries can occur. - Parents might notice signs like:
- The baby’s head retracting tightly against the mother’s body (often called the “turtle sign”)
- Trouble delivering the shoulders after the head emerges
- Bruising or weakness in the baby’s arm after birth
What is the Most Common Injury from Shoulder Dystocia?
It’s typically a brachial plexus injury, which affects the nerves running from the spine to the arm. This can cause weakness, numbness, or even paralysis in one arm. Some babies recover with therapy, but others live with permanent damage.
Common Causes and Risk Factors for Shoulder Dystocia
Shoulder dystocia doesn’t always happen without warning. Many cases involve risk factors that a careful doctor should identify before labor begins.
Some of the most common causes for this injury includes:
- Maternal diabetes, which increases the chance of having a larger baby (macrosomia)
- Obesity, which can complicate delivery
- Prolonged or difficult labor
- Improper use of delivery tools like forceps or vacuum extractors
- Failure to order a C-section when there are known risk factors
Which Patient is at the Highest Risk for Shoulder Dystocia?
Women with diabetes, obesity, or a history of shoulder dystocia in a prior pregnancy face a higher risk. The risk of shoulder dystocia in a second delivery rises significantly if it occurred once before.
It’s the doctor’s responsibility to recognize these risks early. Good prenatal care includes tracking fetal growth, monitoring blood sugar levels, and making a clear delivery plan. When medical providers ignore these precautions, they put both mother and baby in danger.
How Can Shoulder Dystocia Injuries Affect Your Child?
The aftermath of shoulder dystocia can range from temporary pain to lifelong disability. Babies can suffer from:
- Brachial plexus injury (Erb’s or Klumpke’s palsy) – nerve damage that limits movement or causes paralysis in the arm
- Fractured collarbones or upper arm bones – caused by excessive pulling
- Oxygen deprivation (hypoxia) – which can lead to brain injury or developmental delays. Brain injuries can have long-term consequences, making it crucial to seek an expert personal injury lawyer in medical malpractice.
- Facial nerve damage – if delivery tools are used carelessly
These injuries affect more than physical health. Many children need years of physical therapy, surgeries, and specialized care. Families face overwhelming emotional and financial strain trying to give their child the best possible future.
At Vinkler Law, we’ve seen the heartbreak of parents who blame themselves for something that was never their fault. We help lift that weight by investigating exactly what happened and proving where medical negligence occurred.
What is the Time Limit for Filing a Medical Malpractice Claim in Illinois?
In Illinois, the deadline for filing a birth injury medical malpractice claim is generally two years from the point when you realized, or should have realized, that the injury was due to medical negligence. In this case it is crucial to maintain all medical records. However, there are specific nuances to consider:
- Absolute Deadline: Filing must occur within four years from the actual date of the alleged malpractice, irrespective of when the injury is discovered.
- Minors: For birth injuries, the claim can be filed within eight years from the incident and must be completed before the child’s 22nd birthday.
- Disabled Individuals: If the child is legally disabled due to the injury, such as having cognitive impairments, the time limit may be extended until the disability no longer exists.
- Fraudulent Concealment: If healthcare providers have purposely hidden their errors, you have five years from the time of discovery to submit your claim.
- Wrongful Death Cases: In unfortunate events where negligence results in death, it is advisable to file the claim within two years from the date of death.
Consulting with an experienced birth injury attorney in Illinois is essential to navigate these legal intricacies and ensure compliance with all applicable deadlines specific to your personal injury case.
How Vinkler Law Creates a Strong Medical Malpractice Case
A shoulder dystocia injury case requires more than sympathy; it demands strategy, evidence, and deep medical understanding. At Vinkler Law, we approach every case with a balance of compassion and precision.
Here’s how we build a strong medical malpractice case from start to finish:
- Comprehensive Consultation
It begins with a confidential meeting where we listen to your experience and review every detail. We answer questions and explain your legal options clearly and honestly. - Detailed Medical Investigation
We obtain hospital records, delivery notes, fetal monitoring reports, and all documentation related to labor and delivery. Every line is analyzed for errors or inconsistencies. - Expert Medical Review
We work with obstetric and pediatric specialists who review the medical evidence and confirm how the standard of care was breached. They help explain exactly how the injury happened and what should have been done differently. - Identifying Negligence
Our attorneys look for critical mistakes such as: - Failure to anticipate a high-risk delivery
- Delayed reaction to labor complications
- Improper shoulder dystocia maneuvers or use of force
- Inadequate staff training or supervision
- Building the Narrative
- We bring together all the facts to form a compelling case that connects the medical negligence directly to your child’s injury. This approach gives judges and juries a clear, human story supported by undeniable evidence.
How Vinkler Law Supports You Through the Legal Process
Legal battles can be draining, especially when you’re caring for an injured child. Our firm’s role is to carry that weight for you.
We believe every client deserves more than representation; they deserve compassion. That’s why our team:
- Communicates in simple, human language so you always understand what’s happening
- Keeps you updated every step of the way
- Handles negotiations and paperwork while you focus on your family
- Fights hard to hold hospitals and medical professionals accountable
Our attorneys combine empathy with determination. We know what’s at stake — your child’s health, your family’s stability, and your peace of mind.
Types of Compensation Available
A successful birth injury medical malpractice claim can help families recover the financial support they need for ongoing care. Compensation for the personal injury may cover:
- Medical expenses, both current and future
- Rehabilitation and therapy costs
- Pain and suffering
- Emotional distress and trauma
- Lost wages or reduced earning capacity for parents who become full-time caregivers
We work with medical and economic experts to calculate the full scope of your child’s needs so no cost or hardship is overlooked.
Justice Secured in $4.1 Million Birth Injury Settlement
One Chicago family came to Vinkler Law after their newborn suffered a severe brachial plexus injury during delivery. Doctors had ignored clear risk factors and used excessive force instead of performing the proper shoulder dystocia maneuvers. Through a detailed investigation, our team proved that medical negligence caused the injury. The case resulted in a $4.1 million birth injury settlement, covering lifelong therapy, medical equipment, and educational support for the child.
This outcome reflects more than just financial justice. It represents accountability, healing, and hope. Every successful case reminds us why this work matters: to protect families and help prevent the next tragedy from ever happening again.
A shoulder dystocia birth injuries can change a family’s life in seconds. The physical, emotional, and financial consequences often last for years. But you don’t have to face it alone.
At Vinkler Law, we help families uncover the truth, demand accountability, and secure the resources needed for recovery and care. We combine medical insight with legal strength, offering the clarity and compassion families need during one of the hardest times of their lives.
If you suspect that medical negligence played a role in your child’s injury, contact Vinkler Law, your trusted birth injury lawyer in Chicago. We offer free, confidential consultations and work tirelessly to protect your rights.
Contact us today to start the conversation. Justice begins with understanding what happened — and taking the first step toward holding those responsible accountable.
