San Antonio Shoulder Dystocia Lawyer

Almost 30,000 babies are born with some type of birth injury in the United States annually. 1,168 of those were due to accidents or unintentional injuries. Additionally, shoulder dystocia was recently “identified as the highest contributing risk factor for intrapartum fetal deaths.” If your baby suffered from a shoulder dystocia injury during birth, or if medical malpractice contributed to your baby’s shoulder dystocia death, the San Antonio birth injury lawyers at Janicek Law are ready to fight for your family.

Our San Antonio shoulder dystocia birth injury lawyers have been litigating birth injury claims for over 20 years. Our San Antonio medical malpractice attorneys helped hundreds of clients who were injured by surgical errors, medication errors, anesthesia errors, and more.

Our team of board-certified San Antonio personal injury attorneys has the experience, knowledge, and dedication needed to help you with your birth injury lawsuit. Our law firm works on a contingency fee basis, so you won’t owe any legal fees unless your birth injury lawsuit is successful.

Call 210-366-4949 for a free case review with an experienced shoulder dystocia attorney in San Antonio, TX.

What is Shoulder Dystocia?

Shoulder dystocia occurs when the baby’s head has been delivered, but the baby’s shoulder is stuck behind the mother’s pubic bone.

When this happens, the baby’s body doesn’t slide out after the head without additional actions by the treating physician. Essentially, this means that the baby is stuck inside the birth canal. So, shoulder dystocia can result in serious medical complications for both the mother and the baby.

Shoulder dystocia is an obstetric emergency in which the fetus’s head doesn’t lead to the delivery of the shoulders. This can cause brachial plexus injury, hypoxia, and maternal trauma, such as damage to the bladder, rectum, and anal sphincter. Mothers can also endure postpartum hemorrhage from this birth injury.

Contact our San Antonio maternal birth injury attorney team to learn more.

Shoulder Dystocia Birth Injury Risk Factors

Shoulder dystocia occurs in approximately 0.2-0.3% of pregnancies, and shoulder dystocia death occurs in approximately 0.4% of birth traumas. While the birth injury is uncommon, it isn’t unheard of. The lasting effects of shoulder dystocia demand that physicians closely monitor warning signs leading up to delivery.

Like most birth injuries, shoulder dystocia can affect any family. However, some women are more at risk for this specific birth injury compared to others.

Maternal Birth Injury Risk Factors

Risk factors most commonly associated with shoulder dystocia that are specific to the mother:

San Antonio shoulder dystocia lawyer

Macrosomia occurs when a baby weighs over 8 pounds, 13 ounces. While most vaginally delivered babies born with macrosomia don’t experience shoulder dystocia, a large baby will raise the risk factors, as mothers have more difficulty delivering large babies.

If the mother gains too much weight during her pregnancy, this can be another risk factor for shoulder dystocia.

 

If the mother has preexisting diabetes or if the mother develops gestational diabetes, this increases the chances of the birth injury.

Most of the time, doctors won’t opt for a vaginal delivery for twins. The risk factors associated with this type of delivery are too high. Mothers who want to vaginally deliver multiple babies are at an increased risk for at least one of the babies experiencing shoulder dystocia.

If a mother has previously delivered a baby that suffered from shoulder dystocia, the chances of the birth injury occurring again are high.

 

Birth Injury Risk Factors in the Delivery Room

Other risk factors most commonly associated with shoulder dystocia that are specific to the labor conditions:

  • Having labor induced by oxytocin.
  • Receiving an epidural to reduce pain during labor and delivery.
  • Having a shorter or longer second stage of labor. (The second stage of labor is when the mother begins to push).

While the aforementioned risks can increase the chances of birth injuries, such as shoulder dystocia, one of the largest contributors to this specific birth injury is having an assisted vaginal delivery or operative vaginal birth.

In an assisted vaginal delivery, the physician will use medical tools to pull the baby through the birth canal. In some assisted deliveries, the doctor will use forceps to gently guide the baby through the birth canal. While in other assisted deliveries, the doctor will use a medical vacuum to suction the baby out.

Shoulder Dystocia Symptoms

The most common symptoms of this birth injury include:

  • Retracting difficulty
  • Fetal head restitution failure
  • Difficulty delivering the baby’s face and chin
  • Downward traction on the fetal head
  • Inability to deliver the baby’s shoulders

Shoulder Dystocia Birth Injury Complications

Many mothers and babies can recover fully from this birth injury. However, some children or mothers will face the following complications after labor and delivery:

Shoulder Dystocia Birth Injury Complications for Baby

  • Fracture in the baby’s collarbone or arm
  • Inability for the baby to expand its chest
  • Contusions
  • Lacerations
  • as well as the following:
Should dystocia issues can also lead to umbilical cord compression issues, especially when the baby’s arm traps the umbilical cord between themself and the mother’s pelvic bone. Contact our law firm to discuss umbilical cord prolapse claims in San Antonio.

Brachial plexus nerves extend from the baby’s spinal cord to the baby’s arm and neck. This nerve damage can cause the baby to suffer from Erb’s Palsy (when the upper brachial plexus area is paralyzed) or Klumpke’s Palsy (when the lower brachial plexus is paralyzed).

Contact our San Antonio brachial plexus injury attorney group to learn more.

If the baby is deprived of enough oxygen, this can lead to a brain injury or shoulder dystocia death.

Contact our San Antonio brain injury lawyers for a free consultation.

This is a collection of gas between the baby’s chest wall and the baby’s lungs.

If the baby doesn’t get enough oxygen due to shoulder dystocia, this can cause brain damage or cerebral palsy. Contact our San Antonio cerebral palsy birth injury lawyers to learn more. 

Shoulder Dystocia Birth Injury Complications for The Mother

  • Symphyseal separation which leads to excessive movement around the pelvic bone.
  • Sacroiliac joint dislocation
  • Cervical tears
  • Uterine or bladder rupture
  • Postpartum hemorrhage
  • Severe perineum tears

Shoulder Dystocia Birth Injury Prevention

It is the OB-GYN’s responsibility to monitor the mother throughout the pregnancy and to look for potential delivery complications. The OB-GYN should be aware of the maternal risk factors long before the delivery date arrives. If the mother presents with all of the common risks for this birth injury, the doctor should advise her to schedule a c-section well before giving birth. As a healthcare provider, it is the OB-GYN’s job to weigh the risks and make an informed decision for each patient.

However, if the mother shows no warning signs leading up to the delivery, during the delivery, the OB-GYN has several options to help prevent shoulder dystocia.

During the medical emergency, the doctor or medical team may:

  • Use the McRoberts maneuver, a maneuver in which the mother presses her thighs against her stomach.
  • Apply suprapubic pressure. This is where the doctor or nurse presses on the mother’s lower belly, right above the pelvic bone.
  • Reach into the vagina and attempt to turn the baby.
  • Physically help the baby’s arm out of the mother’s birth canal.
  • Ask the mother to get on all fours in an attempt to turn the baby.
  • Give an episiotomy. This is a surgical cut at the vaginal opening.
  • Perform an emergency c-section.

Contact our San Antonio hospital negligence lawyers for a free birth injury consultation.

how common is shoulder dystocia

Birth Injury Lawsuit for Shoulder Dystocia Injuries

Doctors, nurses, hospitals, and other healthcare providers have a duty to provide a safe environment for both the mother and the baby during labor and delivery. And, while some tragedies can occur regardless of how careful any medical professional is, some birth injuries occur as a direct result of medical negligence or medical malpractice.

As previously stated, the treating physician should know the common risks for shoulder dystocia and should be aware of all maternal risks well before the delivery date. At the very minimum, the OB-GYN should have discussed the risks of a vaginal delivery, even with proper care, including increased risks of brain damage, Cerebral Palsy, and other injuries for the baby, as well as the increased risks for the mother.

If the treating physician doesn’t take preventative measures to minimize the risk of shoulder dystocia, or if he or she does not act both quickly and properly in response to the shoulder dystocia, then you may be able to pursue financial compensation through a medical malpractice lawsuit.

Generally, physicians can face two types of medical malpractice lawsuits associated with shoulder dystocia birth injury cases:

Failure to Diagnose or Expect Shoulder Dystocia

A doctor can be held liable through a birth injury lawsuit if he or she was aware of the risk factors and chose not to change delivery plans. This medical malpractice claim is based on the allegation that the treating physician should have noted the common signs for this birth injury and should have offered another type of delivery in order to avoid the possibility of the birth injury.

Excessive Force That Led to a Birth Injury

A doctor can be held liable through a birth injury lawsuit if he or she caused the shoulder dystocia birth injury by using excessive force while trying to deliver the baby or while turning the baby to a different position.

shoulder dystocia lawyer san antonio

Monetary Damages for Shoulder Dystocia

If the mother suffered due to complications arising from a shoulder dystocia birth injury, if the baby suffered from a birth injury, or if the baby died as a result of complications, you and your family may be eligible for compensation through a birth injury claim.

If medical negligence lead to the mother’s or child’s injury, a birth injury lawyer may help you receive the following types of compensation:

  • Compensation for medical expenses, including future medical expenses. This includes compensation for physical therapy, followup surgeries, counseling, adaptive equipment specifically for the mother’s or child’s disability
  • Lost wages, including future lost earnings if you or your child cannot work due to injuries
  • Pain and suffering, including loss of quality of life, loss of consortium (if applicable), and emotional distress

How much compensation you’ll receive will depend on the severity of the birth injuries and costs associated with having the shoulder dystocia treated, as well as the ability of your birth injury attorney to state your claim and negotiate on your behalf.

In Texas, parents may file a claim for birth injuries up to two years from the day of the diagnosis. Birth injury cases in which the child is the plaintiff, can be filed until two years following their 18th birthday.

Since not every birth injury is preventable, it’s always best to speak with a reputable birth injury attorney to discuss the best options for legal action.

shoulder dystocia lawyer san antonio

San Antonio Shoulder Dystocia Birth Injury Attorneys

Healthcare professionals are expected and paid to provide high-quality care and to prevent any injuries for mom and baby during and leading up to the birthing process. Unfortunately, small medical errors can lead to years of pain and intensive treatment, like follow-up surgery, medication, and physical therapy.

If you believe that your doctor, hospital, or other healthcare provider exhibited medical negligence during or leading up to your delivery and that medical negligence led to a birth injury, then you may be entitled to financial compensation for your losses.

An experienced San Antonio birth injury lawyer at Janicek Law can help you protect your child’s rights and hold your doctor accountable for your child’s injuries. Our birth injury lawyers work on a contingency fee basis, so you won’t owe us anything unless your birth injury claim is successful.

Call 210-366-4949 for a free consultation with one of our experienced San Antonio birth injury lawyers. We’re ready to help!

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We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
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Alex McWhirter
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We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
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Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
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I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
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I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
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Destiny Sanchez
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My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
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After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal, Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
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I highly recommend the team at Janicek Law. From the very beginning, they provided outstanding legal service that was both professional and deeply compassionate. The entire staff is incredibly knowledgeable, and they made a complex process feel manageable and stress-free. It’s rare to find a firm that combines such high-level legal expertise with a genuinely friendly, client-focused approach. I am very grateful for their support and would choose them again without hesitation.
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