Shoulder dystocia can occur unpredictably, and injury can follow even well-managed births. A claim depends on whether risks were appropriately assessed, whether manoeuvres followed accepted practice, and whether a specific shortfall probably caused an injury such as brachial plexus damage.
Risk assessment
Some risk factors may be identified during pregnancy, but many cases occur without them. Legal questions include whether known risks were discussed and whether birth options were explained. Hindsight cannot establish that a risk was foreseeable.
Delivery events
Experts examine the sequence of manoeuvres, timing and force applied. They consider whether clinicians recognised the emergency, called for help and used accepted techniques. The event and the injury are distinct: a shoulder dystocia may occur without injury, and injury may occur despite proper management.
Documentation
Good records specify times, manoeuvres used, which shoulder was anterior and who attended. Incomplete or vague notes can create difficulty for both families and clinicians.
- Delivery notes and any specific shoulder dystocia proforma
- Time of head and body birth
- Neonatal examination and resuscitation records
Nerve and other injury
Brachial plexus injury, affecting arm movement, is a commonly discussed injury. Others may include fractures or oxygen-related injury. Specialist reports describe severity and prognosis, and long-term care, therapy and NDIS supports may be relevant to losses.
Review
An obstetric expert assesses management, and paediatric or neurological experts consider causation. Maternal injuries such as severe tears may also arise and can be considered.
For your next conversation
- Request the full delivery record and shoulder dystocia documentation
- Obtain neonatal assessment and specialist nerve injury reports
- Gather physiotherapy and surgical records for the child
- Note antenatal discussions about baby size or birth options
- Record therapy costs and NDIS plans
Common questions
My baby's arm injury happened after shoulder dystocia. Was it caused by excess force?
It is not possible to know without expert review. Brachial plexus injuries can occur in different ways. Experts consider the records, the manoeuvres used and the injury pattern before forming any view.
Should I have been offered a caesarean?
That depends on the risk factors known before birth and the discussions held. A solicitor and obstetric expert would review antenatal records to assess whether options were properly explained.
Sources & further reading
- Pregnancy, Birth and Baby: labour complications (opens in a new tab)
- OAIC: access health information (opens in a new tab)
- NDIS: compensation calculator (opens in a new tab)
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.