Can I Sue if My Baby Suffered Shoulder Dystocia During Birth?

 Posted on September 24, 2026 in Birth Injury

Infants are especially vulnerable when moving through the birth canal during delivery. One common complication involves the baby’s shoulder getting caught in the pelvic area, a medical emergency known as shoulder dystocia. If not properly addressed, shoulder dystocia can cause lasting damage to the infant and could lead to a birth injury claim if medical negligence contributed to the injury.

At Birth Injury Law Alliance, Ltd., our Cook County, IL birth injury attorneys can investigate a case of shoulder dystocia to figure out who what happened and who may be legally responsible. Our firm, led by Attorney Allen Schwartz, has secured verdicts and settlements worth millions on behalf of injured mothers and their children, so you can trust us to investigate every detail of your claim.

How Does Shoulder Dystocia Happen?

Several conditions can increase the risk of shoulder dystocia. A large baby is one known risk factor. Babies who weigh more than eight pounds, 13 ounces at birth face a higher chance of getting stuck. Diabetes in the mother is another known risk factor. Diabetes during pregnancy can also increase the chance that a baby will grow larger. 

Other risk factors involve the mother's health and history. These include obesity before pregnancy, rapid weight gain during pregnancy, and a pregnancy that runs past the due date. A mother who had shoulder dystocia in an earlier delivery faces a higher risk in later births.

Labor itself also comes with certain risk factors that a doctor needs to be ready for. Oxytocin use, a long pushing stage, and delivery with forceps or a vacuum device are all linked to shoulder dystocia. However, none of these factors guarantee trouble. In fact, many cases of shoulder dystocia happen even without warning.

How Is Shoulder Dystocia Treated in the Delivery Room?

Treatment for shoulder dystocia begins the second the delivery team sees that the shoulders are stuck. The first step is usually the McRoberts maneuver. Nurses pull the mother's legs back toward her chest, which shifts the pelvis and often frees the shoulder. Someone may also press just above the pubic bone to nudge the baby's shoulder loose. If those steps fail, the doctor may reach inside to rotate the baby or to deliver the back arm first. Some mothers are moved onto their hands and knees.

Certain actions can increase the risk of injury. Using too much force on the baby’s head or neck can injure the nerves in the shoulder and arm. Pushing down on the top of the uterus can also make the shoulder harder to release. These actions should be avoided during a shoulder dystocia emergency, and a delivery team is expected to understand these risks.

What Preventative Measures Are Taken to Avoid Shoulder Dystocia?

Shoulder dystocia cannot always be predicted or prevented. Some risk factors can help doctors plan for delivery. These include a very large baby, diabetes, or a history of shoulder dystocia. Still, many cases happen without warning.

During pregnancy, doctors can monitor the baby’s growth, manage conditions such as diabetes, and review the mother's past deliveries. In some cases involving a very large baby, a planned cesarean section may be discussed. However, no single plan completely erases the risk. Delivery teams should also be trained to recognize shoulder dystocia and respond quickly if it happens.

When Can a Doctor or Hospital Be Held at Fault for Shoulder Dystocia in 2026?

Fault for a shoulder dystocia injury centers on whether the providers met the accepted standard of care. Shoulder dystocia alone is not proof of malpractice. It is a known emergency that occurs even in well-managed deliveries. The real question is what the doctors and nurses did before and during the birth.

Negligence can take several forms. A doctor may pull too forcefully on the baby's head. A provider may fail to consider a cesarean section when there are strong medical reasons for one. Staff may apply pressure to the top of the uterus. A team may wait too long to call for help or fail to use accepted maneuvers promptly.

Illinois sets strict deadlines for these claims. When the injured patient is a child, the lawsuit generally must be filed within eight years of the alleged malpractice and no later than the child's 22nd birthday (735 ILCS 5/13-212). For an injury that occurred during birth, this period generally begins on the date of the alleged malpractice.

Most Illinois medical malpractice lawsuits must also include an attorney affidavit and a written report from a qualified medical professional. In some situations, the report can be filed after the lawsuit is filed.

What Are the Long-Term Effects of Shoulder Dystocia?

Long-term effects of shoulder dystocia depend on what harm the baby suffers during delivery. Many babies do not have lasting injuries. Others may have long-term effects.

Brachial plexus injuries are among the injuries linked to shoulder dystocia. The brachial plexus is a bundle of nerves that runs from the neck into the arm. Stretching or tearing those nerves can cause Erb's palsy or Klumpke's palsy. A child may have a weak grip, a limp arm, or trouble raising the shoulder. Therapy can help some children regain movement. In more serious cases, surgery may be needed, and some children may have lasting weakness or limited movement.

Broken collarbones and arm bones usually heal without lasting problems. Another serious risk is a lack of oxygen. If delivery is delayed and the baby does not get enough oxygen, a brain injury can occur. This can sometimes lead to cerebral palsy, seizures, or developmental delays. A child with a serious brain injury may need therapy, medical equipment, or other support for many years.

Contact Our Chicago, IL Birth Injury Attorneys

Shoulder dystocia can have lifelong consequences if not quickly recognized and managed. At Birth Injury Law Alliance, Ltd., we request delivery records, work with medical experts, and investigate whether medical negligence contributed to the injury. Contact our Cook County, IL infant injury lawyers or call 312-462-4200 to schedule a free consultation.