Shoulder Dystocia Lawsuit: What Florida Parents Must Know

Gregg Hollander | November 4, 2026 | Medical Malpractice

When your newborn cannot move an arm normally, needs emergency treatment, or is diagnosed with a permanent birth injury, you deserve a clear explanation of what happened during delivery. Shoulder dystocia during birth may have been an unavoidable complication, but the way your medical team handled the emergency deserves careful examination.

A shoulder dystocia lawsuit may be possible when improper medical care causes lasting harm to a baby or mother.

Attorney Gregg Hollander founded Hollander Law Firm in 1996 and has over 30 years of experience serving Florida residents. He focuses on significant medical malpractice cases, working with qualified medical experts to investigate failures in care, establish causation, and pursue accountability for preventable injuries with lasting consequences.

Get started with a free consultation by calling (561) 347-7770 or sending an online message today.

What Is Birth Shoulder Dystocia?

Shoulder dystocia is a childbirth emergency that occurs when a baby’s head emerges, but a shoulder becomes trapped behind the mother’s pubic bone, preventing the rest of the body from being delivered.

The medical team must act quickly to release the shoulder because prolonged delays can restrict the baby’s oxygen supply and increase the risk of injury.

Why Does Shoulder Dystocia Happen?

Shoulder dystocia can develop even during a pregnancy and labor that appeared normal. Although certain conditions increase its likelihood, physicians cannot reliably predict every occurrence.

Recognized risk factors include:

Larger babies. Higher birth weight increases the risk of a baby’s shoulders becoming trapped during delivery, although shoulder dystocia can also occur with smaller babies.
Maternal diabetes. Gestational or preexisting diabetes can cause a baby to grow larger than average and develop broader shoulders, increasing the risk of shoulder dystocia.
Previous shoulder dystocia. A mother who experienced this complication during an earlier delivery faces an increased risk of recurrence.
Difficult labor. Prolonged labor, especially when the mother has difficulty pushing the baby out, may increase the risk of shoulder dystocia.

These risk factors matter because they can influence decisions made before delivery. For example, when a baby is expected to be unusually large, especially when the mother has diabetes, the obstetrician may need to discuss whether a planned cesarean delivery would be safer. The key question is whether the physician appropriately evaluated the known risks and recommended a reasonable delivery plan.

What Complications or Injuries Can Result from Shoulder Dystocia During Birth?

Shoulder dystocia can cause nerve damage, fractures, oxygen-related brain injuries, and significant maternal complications. Some injuries resolve with treatment, while others leave children with permanent disabilities.

Brachial Plexus Injuries

The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. During a difficult delivery, these nerves can become stretched or torn, causing weakness, loss of movement, or paralysis.

Erb’s palsy is a type of brachial plexus injury that affects the nerves controlling the shoulder and upper arm. A baby with this condition may have difficulty lifting the affected arm or bending the elbow.

Some children recover with time and physical therapy. However, severe nerve damage can cause permanent weakness or paralysis, requiring surgery, ongoing rehabilitation, and long-term care.

Hypoxic-Ischemic Encephalopathy (HIE)

When a baby’s shoulder becomes trapped during delivery, the baby’s chest and umbilical cord may be compressed inside the birth canal. This can restrict blood flow through the umbilical cord, reducing the oxygen the baby receives from the placenta. The pressure on the baby’s chest can also prevent the lungs from expanding normally.

If the emergency lasts too long and the baby’s brain receives insufficient oxygen and blood flow, the child may develop hypoxic-ischemic encephalopathy (HIE), a type of brain injury that can cause seizures, cerebral palsy, developmental disabilities, or permanent neurological impairment.

However, HIE does not automatically establish that the medical team was negligent. Medical experts must determine whether the shoulder dystocia caused the oxygen deprivation and whether a delay or improper response contributed to the injury.

Fractures and Maternal Injuries

Shoulder dystocia may cause fractures of the baby’s collarbone or upper arm. Many fractures heal successfully, although some require further treatment.

Mothers may experience severe vaginal or perineal tears, postpartum hemorrhage, or damage to surrounding tissues.

What Are My Legal Options After My Child Suffers a Birth Shoulder Dystocia Injury?

Florida parents may be able to file a medical malpractice lawsuit when negligent care causes injuries to the mother or baby. However, when a baby suffers certain severe brain or spinal cord injuries, Florida’s Birth-Related Neurological Injury Compensation Plan (NICA) may provide compensation instead of a lawsuit.

Which option is available depends on the type of injury and whether the child meets NICA’s eligibility requirements.

Medical Malpractice Lawsuit

A shoulder dystocia injury may constitute malpractice when a healthcare provider fails to meet the accepted standard of care, and that failure causes preventable harm.

Under Florida law, the standard of care is based on what a reasonably careful healthcare provider with similar training would have done under comparable circumstances.

Potential examples of negligence include:

Excessive traction. Pulling too forcefully on the baby’s head or neck, potentially damaging the brachial plexus nerves.
Improper pressure during delivery. Pushing down on the top of the mother’s uterus instead of using appropriate techniques can worsen the obstruction and increase the risk of injury to the baby.
Delayed or improper response. Failing to promptly recognize shoulder dystocia or use appropriate techniques to release the trapped shoulder.
Inadequate delivery planning. Failing to consider a cesarean delivery when specific medical findings indicated that vaginal delivery posed an unacceptable risk.

Proving negligence alone is insufficient. Florida also requires proof that the provider’s actions more likely than not caused the injury. For example, Erb’s palsy can occur even when a physician follows accepted delivery procedures. Medical experts must distinguish unavoidable complications from injuries caused by improper care.

Depending on the injuries, compensation may cover medical treatment, rehabilitation, future care, reduced earning capacity, and pain and suffering. Hollander Law Firm evaluates these losses, including the long-term effects of permanent disability.

Florida’s NICA Program

The Florida Birth-Related Neurological Injury Compensation Association (NICA) administers a state program that provides financial assistance to families whose children suffer certain severe brain or spinal cord injuries during childbirth. Unlike a medical malpractice lawsuit, NICA does not require parents to prove that a doctor was negligent.

However, not every birth injury qualifies.

Florida law has the following requirements to apply for the NICA Program:

Type of injury. The baby must suffer a brain or spinal cord injury caused by oxygen deprivation or physical trauma during labor, delivery, or immediate resuscitation after birth.
Severity of injury. The injury must cause permanent and substantial disabilities affecting both the child’s mental and physical abilities.
Birth weight. The baby must weigh at least 2,500 grams (about 5.5 pounds) at birth, or 2,000 grams (about 4.4 pounds) in a multiple birth.
Delivery circumstances. The baby must be born in a hospital, and obstetrical care must be provided by a physician who is a member of NICA or another qualifying provider.

The child’s disability also cannot be caused by a genetic or congenital abnormality. Eligible families may receive benefits covering medical treatment, rehabilitation, equipment, and other necessary care.

Why does NICA matter? When a child’s injury qualifies, NICA generally replaces a medical malpractice lawsuit against the participating providers involved in the delivery, subject to limited exceptions. A lawyer can determine whether NICA applies and whether your family has grounds to pursue a separate malpractice claim.

FAQs

What Evidence Can Be Used to Prove My Medical Malpractice Case?

Proving a shoulder dystocia malpractice claim generally requires evidence showing how the delivery was managed, whether the care departed from accepted standards, and how the alleged negligence caused the injury.

Relevant evidence may include:

Prenatal medical records,
Labor and delivery records,
Nursing notes and fetal monitoring records,
Newborn examinations and diagnostic tests,
Specialist and rehabilitation evaluations, and
Medical expert opinions.

At Hollander Law Firm, we work with qualified medical experts to review the evidence, reconstruct the events surrounding delivery, and determine whether the medical team’s actions contributed to the child’s injuries. Their findings help establish whether the case meets Florida’s requirements for pursuing a medical malpractice lawsuit.

Can a Mother File a Lawsuit for Her Own Shoulder Dystocia Injuries?

Yes. A mother may have a separate medical malpractice claim if negligent care during a shoulder dystocia delivery causes significant injuries.

Potential injuries include:

Severe vaginal tears,
Damage to the muscles controlling bowel movements, and
Excessive bleeding after childbirth. Some mothers require surgery or experience permanent complications affecting their daily lives.

However, these injuries can occur even with appropriate medical care. To pursue a lawsuit, the mother must establish that a healthcare provider’s negligence caused or worsened her injuries, rather than the complications resulting solely from the difficult delivery.

How Long Do I Have to Bring a Medical Malpractice Claim for Shoulder Dystocia?

Florida medical malpractice lawsuits generally must be filed within two years of the incident or of when the injury was discovered or reasonably should have been discovered. However, you generally cannot bring a claim for more than four years after the incident.

NICA claims have a separate deadline. Parents must file a claim for benefits within five years of their child’s birth.

Missing these deadlines generally prevents the family from receiving compensation through the program.

Find Out Whether Medical Negligence Changed Your Child’s Future

A permanent birth injury can affect your child’s physical abilities, medical needs, and opportunities throughout life. When negligent obstetrical care may have contributed to your child’s birth shoulder dystocia injury, your family deserves a careful evaluation of what occurred and what legal remedies Florida law provides.

Hollander Law Firm will investigate the circumstances surrounding your child’s delivery, assess whether a shoulder dystocia lawsuit is supported, and determine how Florida’s NICA requirements may affect your options.

Contact us online or call (561) 347-7770 today for a free consultation to discuss your child’s injury and the legal options available to your family.

Legal References Used to Inform This Page

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