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Illinois Shoulder Dystocia Lawyer

Shoulder dystocia is an obstetric emergency that occurs when, after a baby’s head is delivered, one of the shoulders becomes lodged behind the mother’s pubic bone and the rest of the body cannot be delivered without intervention. It is a time-sensitive situation that demands a prompt, skilled response. When a provider fails to recognize the risk factors, fails to use the proper maneuvers, or uses excessive force, the baby can suffer serious harm — and the mother can be injured as well. The Collins Law Group helps Illinois families determine whether a shoulder dystocia injury resulted from negligent delivery management.

Newborn in a hospital bassinet after a complicated delivery — Illinois shoulder dystocia lawyer

Because the lodged shoulder can compress the umbilical cord, shoulder dystocia also carries a risk of oxygen deprivation if the delivery is prolonged. This makes the speed and skill of the medical team critically important.

Recognized risk factors and the standard of care

Several factors increase the risk of shoulder dystocia, including a large baby (fetal macrosomia), maternal diabetes, excessive maternal weight gain, a history of shoulder dystocia in a prior delivery, and a prolonged second stage of labor. When these risks are present, the standard of care requires the provider to anticipate the possibility and be prepared. Once dystocia occurs, recognized maneuvers — such as the McRoberts maneuver and suprapubic pressure — are used to free the shoulder. Pulling forcefully on the baby’s head instead can stretch or tear the nerves of the brachial plexus.

Injuries associated with shoulder dystocia

Improperly managed shoulder dystocia can cause brachial plexus injuries and Erb’s palsy, fractures of the collarbone or arm, and, when the umbilical cord is compressed and delivery is delayed, oxygen deprivation that can lead to HIE and birth asphyxia. A claim can seek compensation for medical treatment, surgery, therapy, future care, and the child’s lasting impairment. These cases are evaluated as medical malpractice claims.

Illinois law and filing deadlines

Under 735 ILCS 5/13-212(b), a claim for a child’s injury may generally be brought up to eight years after the negligent act, but never after the child’s 22nd birthday. Illinois also requires an affidavit and a written report from a qualified health professional under 735 ILCS 5/2-622. Speaking with an attorney early helps protect your family’s rights.

Frequently Asked Questions

Is shoulder dystocia always preventable?

No. Shoulder dystocia can occur unexpectedly even with attentive care. It may support a claim when known risk factors were ignored, when a provider failed to use recognized maneuvers, or when excessive force caused a preventable injury. A medical review determines which applies.

Could a cesarean section have avoided the injury?

In some cases with significant risk factors, a planned cesarean delivery may be the appropriate option, and failing to discuss or offer it can be part of a claim. Whether a C-section was indicated in your case is a medical question we evaluate with experts.

What injuries can shoulder dystocia cause?

The most common are brachial plexus injuries and Erb’s palsy, along with bone fractures. If delivery is significantly delayed and the cord is compressed, oxygen deprivation and resulting brain injury are also possible.

How long do I have to file in Illinois?

For a child’s injury, Illinois generally allows up to eight years after the negligence, but never past the 22nd birthday, under 735 ILCS 5/13-212(b). Because exceptions exist, it is wise to have your case reviewed promptly.

Do you charge for a consultation?

No. Consultations are free, and we handle birth injury cases on a contingency-fee basis — there is no attorney fee unless we recover compensation for your family.

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