Se Habla Español
if your child suffered injuries during birth due to shoulder dystocia, understanding your legal rights matters. At Dominguez Law, we have handled complex medical malpractice cases throughout New Mexico for over a decade. Our team knows the resources and determination required to hold negligent healthcare providers accountable, and we have secured more than $30 million in settlements for injured clients throughout our state.
Childbirth should be among life’s most joyous moments, but complications during delivery can transform this experience into a nightmare. When a baby’s shoulders become trapped behind the mother’s pelvic bone after the head emerges, medical teams face an obstetric emergency requiring swift, skilled intervention. The actions taken in those critical minutes determine whether families welcome a healthy newborn or begin a lifetime caring for a child with permanent injuries.
Shoulder dystocia occurs when one or both of a baby’s shoulders become stuck behind the mother’s pelvic bone after the head delivers. According to research from medical institutions, this complication affects approximately 0.58% to 3.0% of vaginal deliveries. The condition creates an obstetric emergency because the umbilical cord becomes compressed once the head emerges, cutting off the baby’s oxygen supply while the body remains trapped.
Medical teams typically have only minutes to safely deliver the infant before serious complications develop.
Medical teams should identify mothers and babies at higher risk for shoulder dystocia before labor begins. Maternal diabetes or gestational diabetes represents the most significant risk factor because elevated blood sugar levels cause babies to develop disproportionately larger shoulders and chest areas relative to their head size. Combined with fetal macrosomia (babies weighing over 8 pounds, 13 ounces), the risk increases substantially.
Additional risk factors include:
New Mexico’s higher-than-average rates of obesity and diabetes make these risk factors particularly relevant for expectant mothers in our state. Healthcare providers must maintain heightened awareness and adjust delivery plans when multiple risk factors appear.
When medical teams fail to properly manage shoulder dystocia, newborns can suffer devastating injuries. According to data from the American College of Obstetricians and Gynecologists, brachial plexus injuries occur in approximately 10% to 20% of shoulder dystocia cases immediately after delivery. These nerve injuries happen when excessive pulling or improper maneuvering stretches or tears the delicate nerves controlling arm and hand movement. The resulting condition, Erb’s palsy, causes partial or complete arm paralysis. While approximately 80% of cases show improvement, many children face permanent limitations affecting their ability to perform basic daily activities.
Bone fractures of the clavicle or humerus indicate excessive force during delivery attempts. Oxygen deprivation poses perhaps the most serious risk. When the compressed umbilical cord cuts off the baby’s oxygen supply, hypoxic-ischemic encephalopathy can develop, causing permanent brain damage leading to cerebral palsy, developmental delays, seizure disorders, and cognitive impairments.
Not every shoulder dystocia case constitutes birth injury malpractice, but negligence occurs when healthcare providers fail to meet accepted standards of care. Medical teams may be held liable when they fail to identify obvious risk factors like gestational diabetes with suspected fetal macrosomia and do not discuss alternative delivery methods. When multiple risk factors exist, providers should have conversations with expectant mothers about the potential benefits of cesarean delivery.
Improper emergency response represents another form of negligence. The American College of Obstetricians and Gynecologists has established specific protocols for managing shoulder dystocia, including the McRoberts maneuver, suprapubic pressure, and delivery of the posterior arm. When healthcare providers deviate from these proven methods without justification, resulting injuries may constitute malpractice. Studies have shown that implementing standardized shoulder dystocia protocols and simulation training reduces brachial plexus injury rates by up to 28.6%.
Inadequate preparation when risk factors are known also falls below acceptable standards. Hospitals should have trained personnel and appropriate equipment available when high-risk deliveries are anticipated.
Birth injuries from shoulder dystocia affect entire families for decades. Children with brachial plexus injuries often need years of physical therapy, occupational therapy, and sometimes multiple reconstructive surgeries. Many require assistive devices, home modifications, and ongoing medical care throughout childhood and into adulthood. Those who suffer brain damage from oxygen deprivation may need around-the-clock care, special education services, and extensive medical treatment for life.
Financial burdens extend far beyond initial hospital bills. Families face mounting expenses for therapy, adaptive equipment, medications, and lost wages when parents must reduce work hours or leave employment to provide care. The emotional toll weighs equally heavily as parents watch their child struggle with challenges that proper medical care could have prevented.
New Mexico law provides avenues for families to seek compensation when birth injuries result from medical negligence. While standard medical malpractice claims must generally be filed within three years, special rules apply to children injured at birth. Parents typically have until the child’s ninth birthday to file a claim, though exceptions may extend this timeframe in certain circumstances.
Successful claims can recover compensation for past and future medical expenses, therapy costs, special education needs, pain and suffering, and other damages. These cases require extensive medical evidence and testimony from qualified personal injury experts who can explain how the healthcare providers’ actions fell below accepted standards of care.
No compensation can undo harm caused by preventable birth injuries, but holding negligent healthcare providers accountable provides the resources your family needs for ongoing care. Attorney Paul M. Dominguez, a fifth-generation New Mexican, brings both legal experience and deep community connections to every case.
Our firm has successfully handled over 300 cases across New Mexico, achieving a 99% success rate. If you believe your child’s birth injury resulted from medical negligence during a delivery complicated by shoulder dystocia, contact us to discuss your situation. Se habla español.