Shoulder dystocia is a serious complication that can occur during vaginal delivery when a baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has been delivered. This is a recognised obstetric emergency and requires careful, skilled management. When it is not handled appropriately, or when excessive force is applied, the baby is at risk of developing Erb’s palsy, an injury to the nerves of the brachial plexus in the shoulder.
Erb’s palsy can leave a child with weakness, loss of movement, or even permanent paralysis of the affected arm. In some cases, children regain most or all function with physiotherapy and surgery, but in others, the injury results in lifelong disability, limiting independence, career options, and quality of life.
Not every case of shoulder dystocia or Erb’s palsy is the result of negligence. These complications can happen despite good medical care, particularly when babies are large for gestational age or when diabetes or other risk factors are present. However, where problems arise is in the management of labour and delivery. If excessive traction is applied to the baby’s head and neck, or if established obstetric manoeuvres are not used correctly and in the right sequence, then the injury may well have been avoidable.
From a medico-legal perspective, the question is whether the treating team followed accepted standards of care. Failures such as not recognising risk factors, not calling for timely senior support, or using unsafe levels of traction may amount to a breach of duty, especially when they lead to permanent brachial plexus injury.
At Cian O’Carroll Solicitors, we have represented families where avoidable shoulder dystocia injuries have had a profound impact on a child’s life. By examining the maternity records, obtaining independent obstetric and neurological reports, and investigating carefully how the delivery was managed, we work to establish whether errors in care caused the injury and if so, to secure the answers, accountability, and support that families deserve.
Learn more about our cases and how we have worked with our clients to achieve life changing results in terms of damages, provision of care and accountability.
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