Shoulder Dystocia

Shoulder Dystocia Attorney in Maryland

30 Years of Trial Experience for Families Facing Shoulder Dystocia Injuries

Shoulder dystocia occurs when a baby’s shoulder becomes impacted after the head has been delivered. This obstetric emergency requires the delivery team to respond promptly and use appropriate maneuvers to complete the birth while limiting harm. At The Law Firm of Michael H. Bereston, Inc., we represent children and families when negligent delivery care may have caused a preventable injury.

A difficult delivery can seriously injure the child or mother, but shoulder dystocia alone doesn’t establish medical malpractice. Evaluating a potential claim requires a close review of the warning signs, delivery decisions, emergency response, medical records, and resulting harm.

Call (410) 220-6581 for a free, confidential consultation about your child’s shoulder dystocia injury and your family’s legal options.

Contact Us Today We’re Ready to Help

At The Law Firm of Michael H. Bereston, Inc., we're always ready to take your calls! Give us a call or fill out the form below to contact one of our team members.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from The Law Firm of Michael H. Bereston, Inc. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

How We Evaluate a Maryland Shoulder Dystocia Claim

A medical malpractice review examines whether the health care providers met the applicable standard of care and whether a departure from that standard caused the injury. The analysis may begin before labor. Prenatal records can reveal fetal growth estimates, maternal health conditions, prior delivery complications, and other information relevant to delivery planning.

We may also consider whether a cesarean delivery should have been discussed or performed, how the team responded once the shoulder became impacted, and whether the event was documented accurately. Michael Bereston brings 30 years of trial experience in complex birth injury and obstetric malpractice claims to this work.

Records commonly examined in a shoulder dystocia case include:

Prenatal records, ultrasound reports, and fetal growth information.
Labor and delivery records, including fetal monitoring strips and nursing notes.
Medication records, operative reports, and delivery notes.
Neonatal assessments, imaging, discharge summaries, and specialist evaluations.
Therapy and developmental records.

Medical Review of the Delivery Response

Shoulder dystocia can be difficult to predict, so the presence of a risk factor doesn’t automatically mean a different delivery method was required. Medical professionals may assess whether the team recognized relevant information, followed an organized sequence of maneuvers, avoided inappropriate force, and responded reasonably under the clinical circumstances.

We work with medical professionals to evaluate the care provided and determine whether it contributed to the child’s condition. Because we accept a limited number of cases each year, we can give each family thorough, personalized attention.

"Supportive and clear communication."
- Cathleen O.
"A positive experience from the start. He found things other lawyers did not find. Those things were not all easy to find out. He delivered hard to hear facts about the case in as good a way as you could hope."
- Ryan
"Mr. Bereston represented me in my case. I found him to be very knowledgeable, professional and easy to talk to about any questions I had concerning my case. He would always promptly return my calls if I had any concerns or questions as the case went on."
- Clyde G.
"They truly love what they do and love each and every one of their clients like they are their own family."
- Shauna G.

All Testimonials

Maryland Filing Deadlines & Claim Requirements

Maryland health care injury claims are subject to specific deadlines and filing procedures. State law generally applies the earlier of five years from the injury or three years from discovery, but exceptions and rules affecting minors can change the analysis. Parents shouldn’t assume that a child’s age automatically preserves a claim.

Depending on the amount sought and other circumstances, a Maryland medical malpractice claim may need to proceed through the state’s Health Care Alternative Dispute Resolution Office before moving to court. The filing process often requires a certificate addressing whether the care departed from accepted standards and caused the alleged injury. This is general information, not legal advice for an individual case. Families should seek case-specific guidance promptly.

Compensation for a Child’s Long-Term Needs

Available damages depend on the evidence and applicable law. A claim may address past and future medical treatment, rehabilitation, assistive equipment, home modifications, lost income, and long-term care. When a child has lasting weakness or disability, life care planning may help identify anticipated needs and their projected costs.

Injuries Associated With Shoulder Dystocia

The brachial plexus is a network of nerves connecting the spinal cord to the shoulder, arm, and hand. Stretching or tearing these nerves during delivery can cause weakness, loss of movement, altered sensation, or paralysis. Erb’s palsy is a form of brachial plexus injury that most often affects movement and strength in the shoulder and upper arm.

Some nerve injuries improve with time and therapy, while others cause lasting functional limitations. The prognosis depends on which nerves were affected, the severity of the damage, and the child’s response to treatment.

Other potential consequences may include:

Clavicle or upper-arm fractures.
Reduced oxygen supply during a prolonged delivery.
Brain injury related to oxygen deprivation.
Maternal tearing, hemorrhage, or other delivery trauma.

Records That Can Clarify What Happened

No single note or test necessarily explains the entire delivery. The significance of a maneuver, delay, monitoring pattern, or injury depends on the surrounding clinical facts.

Later records can be just as important. Therapy notes, imaging, specialist reports, surgical recommendations, and developmental assessments may show how the injury affects movement and daily life over time. Families can gather any records they have, but they don’t need a complete file before contacting us.

Discuss Your Child’s Delivery With Our Firm

We offer families throughout Maryland a free, confidential consultation to discuss what happened, review the available information, and consider possible next steps. Michael Bereston provides direct communication and personalized attention throughout the representation.

We handle these claims on a contingency fee basis, so there is no attorney’s fee unless we recover compensation for you. Although a consultation can’t promise a particular result, it can help determine whether the circumstances warrant further investigation.

Call (410) 220-6581 to speak with The Law Firm of Michael H. Bereston, Inc. about your child’s shoulder dystocia injury and the options available to your family.

Continue Reading Read Less

We’ve Obtained Millions of Dollars On Behalf of Our Clients

Our goal in each case we handle is to obtain the maximum compensation for our clients, which is why we only take on a limited number of cases each year.

Read Results