Nashville Shoulder Dystocia Attorney

When Shoulder Dystocia Causes Harm, We Examine the Medical Response

Shoulder dystocia occurs when a baby’s shoulders don’t deliver normally after the head has emerged. This obstetric emergency requires a coordinated response and appropriate delivery maneuvers. When a baby or mother suffers lasting harm, we examine whether the medical team met the applicable standard of care.

The emergency itself doesn’t prove medical malpractice. A careful review may address fetal monitoring, the timing of clinical decisions, the maneuvers used, the amount of traction applied, and whether those actions caused the documented injuries. We represent Nashville families in birth injury and medical malpractice cases involving serious harm.

How Shoulder Dystocia Can Affect a Mother & Child

A difficult delivery can injure a baby’s nerves, bones, shoulder, or arm. The mother may also suffer physical harm. The nature and duration of these injuries can shape the medical care, financial losses, and long-term needs a legal evaluation must address.

Potential injuries include:

• Brachial plexus injury: Damage to the network of nerves connecting the spinal cord to the shoulder, arm, and hand, potentially affecting movement, sensation, and muscle control.
• Erb’s palsy: A form of brachial plexus palsy that commonly causes weakness or limited movement in the affected shoulder and arm.
• Fractures: Injuries to the clavicle, arm, or other bones during delivery.
• Oxygen-related harm: Neurological injury that may occur when the baby receives insufficient oxygen.
• Maternal injuries: Physical harm sustained during the emergency delivery or its management.

Some nerve injuries improve over time, while others may require physical therapy, surgery, assistive equipment, or continuing medical care. We consider the child’s diagnosis, treatment history, documented limitations, and anticipated care needs. When supported by the evidence, a claim may also account for medical expenses, lost income, and other legally recognized losses.

How We Evaluate a Shoulder Dystocia Claim

A viable claim generally requires evidence that a health care provider departed from the standard of care, meaning the level of care reasonably expected under the circumstances. The evidence must also connect that departure to the injury and establish resulting damages. A difficult or unpredictable delivery alone isn’t enough.

Records Our Investigation May Examine

We compare records from before, during, and after delivery to reconstruct the medical response and determine how the injury occurred.

Our investigation may examine:

• Prenatal records and identified risk factors
• Labor and delivery records
• Fetal monitoring strips and nursing documentation
• Physician notes describing the emergency response
• Delivery maneuvers and use of traction
• Neonatal records, imaging, and follow-up evaluations
• Therapy records and long-term care recommendations

Potential Issues & Responsible Parties

The review may identify delayed escalation, an inadequate response to fetal distress, excessive traction, incomplete documentation, or a departure from an appropriate emergency protocol. Depending on the evidence, responsibility may rest with one or more clinicians or health care entities. Our attorneys draw on more than 150 years of combined legal experience, as well as investigators and medical professionals, when evaluating complex claims.

Tennessee Deadlines Can Limit the Time to File

Tennessee generally applies a one-year limitations period to health care liability actions. A discovery rule may affect when that period begins in some cases, while a general three-year statute of repose can bar claims after three years regardless of later discovery, subject to statutory exceptions. Because these rules depend on the facts, families shouldn’t calculate a filing deadline from general information alone.

Tennessee also requires presuit notice before filing many health care liability lawsuits. Proper notice may extend applicable limitations and repose periods by 120 days, but only if the statutory requirements are satisfied. Early review allows us to identify potential defendants, obtain records, assess notice requirements, and determine which deadlines may apply.

Serious Injury Advocacy Since 1977

Our practice is limited to serious injury, medical malpractice, and wrongful death cases. We’ve represented injured clients since 1977, tried hundreds of cases to verdict, and recovered millions of dollars in verdicts and settlements. That record includes a $22 million medical malpractice verdict, the largest verdict for an individual in a contested medical malpractice jury trial in Tennessee history.

Randall Kinnard is certified as a Civil Trial Advocate by the National Board of Legal Specialty Certification and as a Medical Malpractice Practitioner by the American Board of Professional Liability Attorneys. He is also one of only 100 attorneys nationwide in the Inner Circle of Advocates and belongs to the American College of Trial Lawyers and the International Academy of Trial Lawyers.

We limit our caseload so each family receives personal attention. Our attorneys prepare every accepted case for negotiation or trial, guided by the medical evidence and the losses documented in the case.

Request a Focused Review of the Delivery

A consultation gives you an opportunity to explain what happened, identify the known injuries, and discuss the available records. We can then assess whether the delivery and medical response warrant further investigation.

We represent clients in Nashville, throughout Tennessee, and in neighboring states. Families who work with us receive focused medical malpractice representation backed by substantial litigation experience and careful preparation.