The birth of your child should be one of the happiest moments of your life. When something goes wrong in the delivery room and your baby is hurt, the joy can turn to fear and confusion in seconds. If your child suffered a shoulder dystocia injury during delivery in Toledo, you may be wondering whether it could have been prevented and whether anyone is responsible.
An experienced shoulder dystocia injury lawyer can help you find those answers. At Nurenberg, Paris, Heller & McCarthy, we have been fighting for the injured since 1928, and our birth injury attorneys understand what families in Northwest Ohio are going through. If a doctor or delivery team caused your child’s injury, we can help you hold them accountable. Contact us for a free, confidential consultation.
What Is Shoulder Dystocia?
Shoulder dystocia happens when a baby’s head delivers, but one or both shoulders become stuck behind the mother’s pubic bone. The delivery stalls, and the medical team has only minutes to free the baby safely. Doctors and nurses consider it an obstetric emergency because every passing minute raises the risk of serious harm.
Inside the shoulder is the brachial plexus, a bundle of nerves that controls movement and feeling in the arm and hand. When too much force is used to free a stuck shoulder, or when the delivery is delayed, those nerves can be stretched or torn, and the baby can be deprived of oxygen. According to the Cleveland Clinic, shoulder dystocia is more likely as a baby’s birth weight increases, which is one reason careful prenatal monitoring matters so much.
Injuries Caused by Shoulder Dystocia
Some shoulder dystocia injuries heal on their own within months. Others are permanent and require a lifetime of care. The most common injuries to the baby include:
- Brachial Plexus Injuries: Nerve damage can cause Erb’s palsy or Klumpke’s palsy, leading to weakness, limited movement, or paralysis in the affected arm and hand.
- Fractures: Excessive force can break the baby’s collarbone or upper arm bone during delivery.
- Oxygen Deprivation: A delayed delivery can cut off oxygen to the baby’s brain, which can lead to brain injury, hypoxic-ischemic encephalopathy, or cerebral palsy.
- Infant Death: In rare and tragic cases, a baby who cannot be delivered quickly enough may not survive.
Mothers can be hurt too, with complications such as heavy bleeding after birth, tearing, or, in serious cases, a ruptured uterus. Many of these injuries lead to ongoing medical bills, therapy, and long-term care that most families never planned for. When that harm was caused by a preventable mistake, you may be entitled to compensation to cover those costs.
Risk Factors and How Shoulder Dystocia Can Be Prevented
Shoulder dystocia injuries are often preventable when doctors recognize the warning signs and plan accordingly. Certain factors increase the risk of the complication, and a careful provider monitors for them throughout pregnancy and labor. Common risk factors include:
- Gestational or Existing Diabetes: Diabetes can lead to a larger baby and raises the risk of a stuck shoulder.
- Fetal Macrosomia: A baby who is significantly larger than average is at increased risk of shoulder dystocia.
- Maternal Obesity: Excess weight gain or obesity during pregnancy increases the risk.
- A Prior Shoulder Dystocia: A history of the complication in an earlier delivery is a strong warning sign for the next one.
- Assisted Delivery: Using forceps or a vacuum during delivery can increase the risk of a stuck shoulder.
When these risk factors are present, a careful doctor can monitor the pregnancy more closely, discuss the size of the baby, and consider whether a cesarean section is the safer choice.
If shoulder dystocia does occur, trained providers follow established maneuvers to free the baby without using dangerous force. A failure to recognize the risks or respond correctly can turn a manageable situation into a lifelong injury.
When Shoulder Dystocia Is Medical Malpractice in Ohio
Shoulder dystocia by itself is not malpractice. It is a known risk of childbirth that can happen even when everyone does everything right. What can be malpractice is how the medical team responds to it. When a provider fails to meet the accepted standard of care and a baby is hurt as a result, the family may have a valid claim.
A medical malpractice claim in Ohio rests on four basic questions. Did the provider owe a duty of care? Did they breach it by acting differently than a careful provider would have? Did that breach cause the injury? And did the injury lead to real damages, such as medical costs and lasting harm?
Examples of negligence in a shoulder dystocia delivery include:
- Ignoring Risk Factors: Failing to identify warning signs like a large baby or maternal diabetes during prenatal care.
- Using Excessive Force: Pulling too hard on the baby’s head or neck instead of using proper maneuvers.
- Delaying Action: Failing to respond quickly once the shoulder becomes stuck.
- Skipping a Safer Option: Failing to recommend a cesarean section when the risks clearly called for one.
How We Prove Negligence in a Shoulder Dystocia Claim
Proving that a delivery team fell short of the standard of care takes careful investigation. We start by gathering your complete prenatal, labor, and delivery records to build a clear picture of what happened and when. From there, we look closely at the decisions the providers made and whether those choices matched what a careful provider would have done.
Birth injury claims in Ohio also require support from qualified medical professionals. An experienced medical malpractice lawyer works with doctors and nurses who can review the records and explain how the care fell short and how that failure caused your child’s injury. Ohio law requires an affidavit of merit from a qualified medical witness to advance a malpractice case, so this step is not optional. We can handle that process for you while you focus on your child.
Ohio Deadlines for Filing a Birth Injury Claim
Ohio sets strict deadlines for medical malpractice claims, and missing one can cost you the right to recover anything. In general, a medical malpractice claim must be filed within one year under Ohio Revised Code Section 2305.113. A discovery rule can extend that deadline in some situations, but Ohio also has a four-year statute of repose that places an outer limit on most claims.
Birth injury cases can be especially complicated because special rules may apply when the injured person is a child. Some shoulder dystocia injuries are not obvious at birth and only become clear when a child misses developmental milestones.
Because the deadlines are short and the exceptions are narrow, the safest step is to talk with a lawyer as soon as you suspect something went wrong. Reach out to our team, and we can review your situation and explain how much time you may have.
How Our Toledo Birth Injury Lawyers Can Help
From our office in the Toledo area, we represent families across Lucas County and Northwest Ohio whose children were hurt during delivery. Many of these births take place at hospitals like ProMedica Toledo Hospital, Mercy Health St. Vincent Medical Center, and the University of Toledo Medical Center. We know how these cases work, and we know the courts where they are filed.
When you bring us your case, we start with a free consultation to listen and answer your questions. From there, we can investigate the delivery, gather records, work with medical professionals, file your claim, and prepare it as if it will go to trial. We are seasoned courtroom attorneys, not a settlement mill, and that preparation matters when an insurance company decides how seriously to take your family.
If you are not sure where to begin, it helps to come prepared. At your first meeting, you might ask how the firm has handled birth injury and Toledo birth injury cases, who will work on your claim, how long the process may take, and what it costs to get started. A good lawyer will answer plainly and never pressure you.
Frequently Asked Questions
Here are answers to questions parents often ask after a shoulder dystocia injury.
Can You Sue for a Shoulder Dystocia Injury in Ohio?
Yes. You can sue if a doctor or delivery team failed to meet the standard of care and that failure caused your child’s injury. Shoulder dystocia itself is not malpractice, but a negligent response to it can be. A lawyer can review your records to determine whether you have a valid claim.
How Do I Know if My Child’s Shoulder Dystocia Injury Was Caused by Negligence?
You often cannot know for certain without a legal and medical review of your delivery records. Signs that negligence may have played a role include ignored risk factors, excessive force during delivery, or a delayed response. An experienced birth injury lawyer can work with medical professionals to find out what happened.
How Long Do I Have to File a Shoulder Dystocia Lawsuit in Ohio?
Medical malpractice claims in Ohio generally must be filed within one year, and a four-year statute of repose sets an outer limit on most claims. Special rules can apply when the injured person is a child. Because these deadlines are short, it is best to speak with a lawyer as soon as possible.
What Questions Should I Ask a Birth Injury Lawyer at the First Consultation?
Ask about the firm’s experience with birth injury and medical malpractice cases, who will handle your claim, how the process works, and how long it may take. Also ask how fees work. At our firm, you pay nothing unless we recover money for you.
Does a Shoulder Dystocia Case Need a Medical Witness?
Yes. Ohio requires an affidavit of merit from a qualified medical professional to pursue a malpractice claim. That professional reviews the records and explains how the care fell short and how it caused the injury. We can work with the right medical professionals for your case.
How Much Does It Cost to Hire a Shoulder Dystocia Injury Lawyer?
There is no upfront cost. We handle birth injury cases under our No Fee Guarantee®, which means you do not pay us anything unless we recover money for you. A consultation to discuss your case is free.
What Compensation May Be Available for a Birth Injury Claim?
Compensation may cover your child’s medical bills, future care, therapy, and other losses tied to the injury. Every case is different, and the value depends on the severity of the harm and your child’s long-term needs. A lawyer can review your situation and explain what a claim might involve.
Talk With an Experienced Ohio Birth Injury Lawyer Today
Watching your child struggle with an injury that may have been preventable is heartbreaking, and you do not have to face it alone. If a delivery team’s mistake caused your baby’s shoulder dystocia injury, the team at Nurenberg, Paris, Heller & McCarthy can help you understand your options and fight for the support your family needs.
We have been fighting for the injured since 1928, and we handle birth injury cases under our No Fee Guarantee®. You pay nothing unless we recover money for you. Contact us today for a free, confidential consultation, and let us help you take the next step.
