When you walk into a maternity ward, you expect to be met with skill, care and understanding. For many families in Ireland, that trust is well placed. But sometimes, when something goes wrong during delivery, the experience can be traumatic and life altering.
When you walk into a maternity ward, you expect to be met with skill, care and understanding. For many families in Ireland, that trust is well placed. But sometimes, when something goes wrong during delivery, the experience can be traumatic and life altering.
Shoulder dystocia is one of those complications. It occurs when, after the baby’s head is delivered, the shoulders become stuck behind the mother’s pelvic bone. In the right hands, with the right care, it can often be managed safely. But when mistakes are made or protocols are not followed, both mother and baby can suffer serious, avoidable harm.
We have seen too many cases where parents were left feeling they had no voice, no answers and no choice but to fight for justice on their own. You should not have to. At Crimmins Howard Solicitors, we are rooted in the community, and we are proud to stand beside families across Clare and throughout Ireland who have faced this ordeal.
If your baby was injured as a result of shoulder dystocia, or if you yourself were harmed, we are here to help. We will listen carefully to your experience, explain your options clearly and fight for the answers and the fair outcome you deserve.
Contact Crimmins Howard Solicitors today for trusted, compassionate advice. Together, we can seek the justice your family is entitled to.
Shoulder dystocia is a rare but serious birth complication. It happens when a baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. This creates an obstetric emergency that requires swift, skilled action from the medical team.
When shoulder dystocia occurs, the baby may be unable to breathe because their chest cannot expand properly. The umbilical cord may also become compressed, cutting off oxygen supply. The situation can escalate quickly, with risks of injury to both mother and baby if not managed correctly.
In many cases, with good planning and quick thinking, the delivery can proceed safely. There are established manoeuvres that can free the shoulders without causing harm. However, if the team does not respond appropriately or uses excessive force, serious injuries can result. These include permanent nerve damage, fractures, and in extreme cases, oxygen deprivation leading to brain injury.
Shoulder dystocia is not always preventable. But poor preparation, poor communication, or poor decision-making can turn an already difficult birth into a tragic outcome. Factors that increase the risk include larger-than-average babies, maternal diabetes, a history of shoulder dystocia in prior births, and induced labour.
If your baby suffered harm during birth because shoulder dystocia was not properly managed, you are not alone. We understand the emotional and physical impact such experiences have on families. Crimmins Howard Solicitors are here to help you explore whether the care you received was appropriate and whether a legal claim is possible.
When shoulder dystocia is not properly managed, both mother and baby face risks of injury. Some of these injuries can have lifelong effects. In many cases, swift and skilled medical action can avoid the worst outcomes. But when mistakes are made, the consequences can be devastating. Here are the most common injuries linked to shoulder dystocia:
The brachial plexus is a network of nerves running from the neck through the shoulder and into the arm and hand. If excessive force is used to free a stuck shoulder, these nerves can stretch or tear.
Many of these injuries are preventable. With proper risk assessment and skilled management, the risks of shoulder dystocia should be reduced or eliminated. If harm occurred to your baby or to you due to poor management of shoulder dystocia, you may be entitled to take legal action.
Shoulder dystocia is an obstetric emergency that can arise unexpectedly. However, this does not mean all resulting injuries are unavoidable. In many cases, with proper antenatal care and skilled management during labour, the worst outcomes can be prevented. When that does not happen, medical negligence may be at play.
For a claim to succeed, it must be shown that the standard of care provided fell below what is reasonably expected of a trained healthcare professional. In legal terms, this is referred to as a breach of duty. It must also be proven that this breach caused or contributed to the injury. This is called causation.
Shoulder dystocia can give rise to claims in several ways:
If you are unsure whether what happened to you or your baby was negligent, it is always worth seeking expert legal advice. At Crimmins Howard Solicitors, we have extensive experience guiding families through these difficult questions with care and clarity.
When pursuing a shoulder dystocia claim, the central challenge is proving that medical negligence caused or contributed to the injury. This requires a careful examination of both the medical evidence and the clinical decision-making during the pregnancy and delivery.
A successful claim hinges on robust, well-documented evidence. Key elements include:
Shoulder dystocia cases require input from independent medical experts to establish:
Irish courts often look to national and international clinical guidelines, such as those issued by:
Failure to follow accepted guidelines on the management of shoulder dystocia or the recognition of risk factors can be strong evidence of negligence.
Evidence may also include:
If a woman was not properly counselled about the risks of shoulder dystocia and the option of a caesarean, this omission can form a separate basis for a claim.
At Crimmins Howard Solicitors, we work closely with respected medical experts to ensure our clients’ cases are built on solid, persuasive evidence. We understand that families need answers as much as they need compensation, and we leave no stone unturned in helping them achieve both.
For many families affected by shoulder dystocia injuries, compensation is not simply about money. It is about securing essential support for the child’s care and rehabilitation and acknowledging the profound emotional and physical impact of the injury. At Crimmins Howard Solicitors, we help clients pursue fair compensation with compassion and clarity.
Compensation in shoulder dystocia claims is tailored to the specific needs of the injured child and their family. Key categories include:
Courts will consider:
In Ireland, serious shoulder dystocia claims involving lifelong injuries can result in significant compensation awards, sometimes running into several million euro where extensive care and adaptations are required.
Understanding the time limits that apply to a shoulder dystocia claim is crucial. Missing the applicable deadline could mean losing your right to pursue compensation, even if negligence clearly occurred.
In Ireland, the standard time limit for initiating a medical negligence claim is two years less one day from the date of knowledge of the injury. The date of knowledge is the point at which you became aware, or ought reasonably to have become aware, that negligence caused the injury.
Different rules apply when the injured party is a child. For shoulder dystocia claims involving brachial plexus injuries, Erb’s palsy, or other birth-related harm, the time limit does not start to run until the child reaches the age of 18. The child then has two years from their 18th birthday to initiate a claim in their own name.
Until then, parents or guardians can act as the child’s next friend and pursue a claim on their behalf at any time. However, pursuing the claim early is strongly advisable:
Even though parents may feel they have plenty of time, it is wise to engage a specialist solicitor without delay. Early legal advice allows the case to be properly investigated while the events are fresh in memory, and crucial documents such as maternity and delivery records are more readily available.
At Crimmins Howard Solicitors, we handle shoulder dystocia claims with care and sensitivity, helping families understand the legal process while protecting their child’s right to a secure future.
Yes. If the traumatic nature of the birth led to psychological harm, such as post-traumatic stress disorder (PTSD), you may have grounds to claim compensation for that harm. This can apply to both mothers and, in some cases, fathers or partners who witnessed the trauma.
While shoulder dystocia can sometimes be unpredictable, many claims succeed because the management of the event was substandard. If poor planning, mismanagement or excessive force contributed to an injury, a claim may still be valid even if the initial complication was unavoidable.
Each case is different. Some settle within 12 to 18 months through negotiation, while others can take several years if they proceed to trial. Early expert input and proper preparation help to keep timelines realistic and focused on achieving the best outcome.
We will typically gather maternity records, delivery room notes, midwifery and obstetric charts, neonatal assessments, and expert medical opinions. Witness statements from those present at the birth may also be important, particularly where there were delays or failures in communication.
No. Bringing a claim should not impact your access to healthcare services. At Crimmins Howard Solicitors, we handle communications with the defendants and their insurers in a way that protects your privacy and ensures you continue to receive the care you need.
Yes. If your child suffers long-term effects from a shoulder dystocia injury, compensation can include costs for care, therapy, equipment, mobility aids, and necessary home modifications. Our team will ensure all such needs are fully accounted for in the claim.
If your family has been affected by shoulder dystocia or a related birth injury, you do not have to face this alone. Crimmins Howard Solicitors offers expert legal support rooted in empathy, professionalism, and a commitment to justice. Contact us today for a confidential consultation. We are here to help you secure the support and answers you deserve.
