shoulder dystocia Archives - Medical Malpractice Lawyers

Nebraska Supreme Court Overturns Medical Malpractice Defense Verdict Due To Erroneous Jury Instruction

August 13, 2025

In 2013, Dawn M. Morgan-Baker was admitted to the labor and delivery unit of a hospital operated by Alegent Creighton Health Creighton University Medical Center, LLC, in Omaha, Nebraska, for her anticipated delivery of her son, J.R.M.B. (J.R.). She was at 36 weeks gestation. She had suffered a fall [...]

Birth Injury Medical Malpractice

December 9, 2024

There are approximately 20,000 infant deaths in the United States every year, and birth injuries account for 20% of those deaths: birth injuries are the fourth leading cause of death among infants. It is estimated that fetal distress occurs in 5% to 10% of deliveries. About 3% of babies are born wit[...]

Is $250,000 Fair Or Just Compensation For A Child’s Brachial Plexus Birth Injury Due To Medical Negligence?

February 22, 2022

California law limits noneconomic damages in medical malpractice cases to $250,000. That amount has not been increased since California’s Medical Injury Compensation Reform Act {“MICRA”) was signed into law in 1975. Specifically, Civil Code Section 3333.2 limits recovery for noneconomi[...]

Delaware Supreme Court Affirms $3M Birth Injury Medical Malpractice Verdict

February 27, 2019

In its decision filed on February 4, 2019, the Supreme Court of the State of Delaware (“Delaware Supreme Court”) affirmed a $3 million Delaware birth injury medical malpractce verdict involving a brachial plexus injury suffered by the baby during delivery. The Underlying Facts The plaint[...]

Texas Supreme Court Applies Willful And Wanton Negligence Standard In Birth Injury Case

January 25, 2019

In its opinion filed on December 21, 2018, the Supreme Court of Texas held that the Texas Medical Liability Act’s emergency-medical-care provision, which requires claimants asserting certain Texas medical malpractice claims to prove “wilful and wanton negligence,” applies to claims arising fro[...]

Indiana Appellate Court Reverses Directed Verdict For Doctor On Informed Consent Claim

December 2, 2017

On November 17, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) reversed the trial court’s directed verdict in favor of the defendant obstetrician in an Indiana medical malpractice case that also alleged that the defendant had failed to obtain the plaintiff’[...]

Oklahoma Supreme Court Reverses Summary Judgment For Medical Malpractice Defendants In Brachial Plexus Birth Injury Case

June 11, 2017

In its decision filed on May 16, 2017, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) reversed summary judgment granted to the Oklahoma medical malpractice defendants by the trial court, finding that the plaintiffs had raised a question of fact by their summary[...]

$20.9 Million Medical Malpractice Jury Verdict After Newborn’s Shoulder Dystocia

July 8, 2012

On June 12, 2012, a Maryland medical malpractice jury awarded the family of a newborn $20.9 million for the baby’s permanent paralysis of his left arm allegedly due to the delivering obstetrician pulling too hard on the baby’s head during delivery, thereby causing left obstetrical brachi[...]

Tag: shoulder dystocia