New York Shoulder Dystocia Lawyer

What Is Shoulder Dystocia?

Shoulder dystocia is a dangerous childbirth complication in which the baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has been delivered. This obstetric emergency requires immediate intervention — when delayed or mismanaged, it can lead to catastrophic outcomes.

Common consequences include:

• Erb’s palsy (brachial plexus injury causing arm weakness or paralysis)
• Cerebral palsy (caused by a lack of oxygen during birth)
• Klumpke paralysis (nerve damage affecting the hand and forearm)
• Death (in severe cases, due to oxygen deprivation or trauma)

Who Is Most at Risk for Shoulder Dystocia?

Certain pregnancies carry a higher risk of shoulder dystocia, especially when specific medical or delivery-related factors are present. While this condition can happen unexpectedly, it is more likely to occur in:

• Babies with high birth weight (macrosomia, typically over 8 lbs 13 oz)
• Mothers with gestational diabetes or pre-existing diabetes
• Women who previously had a child with shoulder dystocia
• Deliveries involving vacuum extractors or forceps
• Prolonged second stage of labor
• Mothers with obesity or excessive pregnancy weight gain
• Post-term pregnancies

Obstetricians are trained to recognize and monitor these risk factors. When they fail to do so, and injury results, it may be grounds for a medical malpractice claim. If your child was harmed, our shoulder dystocia lawyers at Jacob D. Fuchberg Law Firm can review your case at no cost.

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Birth Injury Can Change a Life, But So Can the Right Legal Team

At Jacob D. Fuchsberg Law Firm, we help parents uncover the truth behind shoulder dystocia injuries. If medical negligence played a role, we’ll stand by your side and fight for your child’s future.

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Shoulder Dystocia and Medical Malpractice Lawsuits

Shoulder dystocia can sometimes occur despite the best efforts of skilled professionals. However, when injuries result from delayed response, improper delivery maneuvers, or failure to anticipate risk, it may constitute medical malpractice.

Examples of negligent care include:

• Ignoring known risk factors
• Applying excessive traction on the baby’s head
• Delaying emergency interventions
• Failing to perform necessary tests (like fetal weight estimates)

At Jacob D. Fuchsberg Law Firm, our shoulder dystocia lawyers partner with respected medical professionals to evaluate every aspect of your care. If negligence played a role, we will aggressively pursue compensation for your child’s injuries and future care needs.

Compensation You Can Get After a Shoulder Dystocia Case in NY

A shoulder dystocia injury can impact your child’s health and quality of life for years to come, sometimes permanently. Our shoulder dystocia lawyers fight to recover the full and fair compensation your child deserves.

If your claim is successful, you may be entitled to damages that include:

• Past and future medical expenses, including hospital care, surgeries, and ongoing specialist visits.
• Physical and occupational therapy, rehabilitation services, and in-home nursing care.
• Assistive devices, such as wheelchairs, braces, or adaptive equipment.
• Special education services and costs associated with developmental delays or cognitive impairments.
• Pain and suffering, both for the child and the emotional anguish experienced by the family.
• Loss of future earning capacity, if the injury limits your child’s ability to work later in life.
• Emotional distress and loss of enjoyment of life.

Every case is unique. Our mission is to ensure you receive the financial support needed not just for today, but for your child’s entire future.

What to Do & Why You Need a Shoulder Dystocia Attorney?

If your child was injured during birth, you may feel overwhelmed and unsure of what to do next. Shoulder dystocia injuries often come with long-term consequences, and knowing whether medical negligence occurred requires legal and medical insight.

Here's what you should do, and how our team can help at every step:

1. Get a Clear Medical Diagnosis

First, ensure your child has been fully evaluated by pediatric specialists. Brachial plexus injuries, Erb’s palsy, or cerebral palsy may not be immediately visible but can affect development long-term.

How we help: We review all medical reports and consult independent experts to confirm the nature and likely cause of your child’s injury.

2. Request Delivery and Medical Records

Ask for copies of prenatal care, labor, and delivery notes. These documents are critical in determining if proper procedures were followed during childbirth.

How we help: Our team gathers, organizes, and analyzes your records to identify any red flags or deviations from the standard of care.

3. Speak with Our Shoulder Dystocia Lawyers

Don't try to navigate this alone. Medical providers and hospitals have their own legal teams protecting their interests — you deserve the same.

How we help: We investigate what happened, build a strong case using expert testimony, and clearly explain your legal options. If negligence occurred, we’ll fight to hold those responsible accountable.

4. Plan for Your Child’s Future Needs

A birth injury can lead to years — or a lifetime — of therapy, special education, and care.

How we help: We work with life care planners and economists to calculate the true cost of your child’s future needs and pursue maximum compensation through settlement or trial.

At Jacob D. Fuchsberg Law Firm, our shoulder dystocia attorneys combine decades of legal experience with deep compassion for families. We’re here to help you find answers, protect your rights, and secure the support your child deserves.

Why Choose Jacob D. Fuchsberg Law Firm for Your Birth Injury Case?

At Jacob D. Fuchsberg Law Firm, we combine deep medical knowledge, decades of courtroom experience, and a relentless commitment to justice. Families across New York trust us to handle the most complex and sensitive birth injury cases with care, skill, and results.

• Over 40 years of legal excellence: With a legacy built on more than four decades of advocacy, we’ve helped countless families secure justice in medical malpractice and birth injury claims. Our NY birth injury law firm is widely recognized for its integrity, compassion, and tenacity in the courtroom.
• Proven results in birth injury cases: We’ve recovered millions of dollars on behalf of children injured during birth. From negotiating powerful settlements to litigating in front of juries, we fight for the maximum compensation your family deserves.
• Family-first approach: We understand how emotionally overwhelming a birth injury can be. That’s why we treat every client with compassion, respect, and transparency, keeping you informed every step of the way while we handle the legal complexities.
• Multilingual legal team: Our diverse team speaks multiple languages and understands the cultural needs of families across New York. We proudly provide inclusive, accessible legal support tailored to your community.
• No fee unless we win: You pay nothing unless we recover compensation for you. Our contingency fee structure ensures that every family can access high-quality legal representation, regardless of financial circumstances.

Time Limits for Shoulder Dystocia Claims in NY

In New York, medical malpractice claims involving birth injuries are subject to strict time limits. Generally, you must file a lawsuit within 2 years and 6 months from the date of the malpractice. However, when the injury involves a child, the deadline may be extended — but only up to a point.

For minors, the statute of limitations is typically 10 years from the date of injury, but certain claims (especially those involving municipal hospitals or public clinics) may require a Notice of Claim to be filed within 90 days of the incident.