Reviewed By: The Spiros Law Team | Last Reviewed & Updated: September 16, 2026
If your baby was born with a limp arm, weak grip, or diagnosed brachial plexus injury after a difficult delivery, you may be wondering whether the doctor pulled too hard.
In many cases, that instinct is correct and Illinois law may allow you to hold the provider accountable.
In a hurry? Contact Spiros Law for a free, no-obligation case review. We only get paid if we win your case.
What Is a Brachial Plexus Injury?
The brachial plexus is a network of nerves that runs from the spinal cord in the neck, through the shoulder, and down the arm. These nerves control movement and sensation in the shoulder, arm, and hand.
During a difficult vaginal delivery, if a baby’s shoulder becomes stuck behind the mother’s pelvic bone, a condition called shoulder dystocia, those nerves can be stretched, compressed, or torn as the delivery team works to free the baby.
Types of brachial plexus injuries include:
- Erb’s Palsy: Damage to the upper nerves (C5-C6), causing weakness in the shoulder and upper arm. The most common form of birth-related brachial plexus injury.
- Klumpke’s Palsy: Damage to the lower nerves (C8-T1), affecting the forearm, wrist, and hand.
- Global Brachial Plexus Palsy: Injury to the entire nerve network, affecting the whole arm.
- Neuropraxia: A stretching injury that often heals on its own within months.
- Rupture or Avulsion: A torn or completely detached nerve, which frequently requires surgery and may cause permanent disability.
What Is Shoulder Dystocia, And Why Does It Happen?
Shoulder dystocia occurs when, after the baby’s head delivers, one or both shoulders become lodged against the mother’s pubic bone, preventing the rest of the body from emerging.
It’s considered an obstetric emergency because the baby’s oxygen supply can also become compromised the longer delivery is delayed.
Risk factors that should prompt heightened preparation include:
- Macrosomia (an unusually large baby, often linked to gestational diabetes)
- Maternal obesity or excessive pregnancy weight gain
- Prior pregnancy with shoulder dystocia
- Prolonged second stage of labor
- Use of vacuum or forceps assistance
- Post-term pregnancy
Because many of these risk factors are identifiable before labor begins, providers are expected to anticipate the possibility of shoulder dystocia and have a clear response plan, not improvise once it happens.
When Does Delivery Force Cross the Line Into Negligence?
Shoulder dystocia itself is not malpractice.
It’s a recognized, sometimes unavoidable complication. The critical legal question is how the delivery team responded once it occurred.
Obstetric guidelines call for a specific sequence of maneuvers to free the baby’s shoulder without excessive force, such as the McRoberts maneuver, suprapubic pressure, and internal rotation techniques.
Malpractice frequently arises when a provider skips these steps and instead applies excessive lateral or downward traction on the baby’s head and neck to force delivery, the single most common mechanism of avoidable brachial plexus injury.
Signs that excessive or negligent force may have been used include:
- No documented attempt at standard shoulder dystocia maneuvers before delivery
- Delivery notes describing “downward traction” or “significant force”
- Failure to call for additional staff or a more experienced OB when dystocia was recognized
- Panic-driven pulling rather than a controlled, stepwise response
- Injury severity inconsistent with a properly managed delivery
- Delay in recognizing shoulder dystocia despite known risk factors
Proving a Brachial Plexus Malpractice Claim in Illinois
To succeed in an Illinois shoulder dystocia malpractice case, your Illinois attorney generally must show:
- Duty of care — the physician owed a standard level of care during delivery.
- Breach of duty — the provider failed to follow the accepted standard of care, such as by using excessive traction or failing to attempt recognized maneuvers.
- Causation — that specific breach, not an unavoidable complication, caused the nerve injury.
- Damages — your child suffered a diagnosed, documented injury with associated medical needs.
Illinois requires an affidavit from a qualified medical expert supporting the merit of the claim before a lawsuit can move forward. Your attorney will typically retain an independent OB/GYN to review delivery notes and determine whether the force used was medically justified or excessive.
Illinois Statute of Limitations for Birth Injury Claims
- Claims generally must be filed within 8 years of the date of injury, but no later than the child’s 22nd birthday (735 ILCS 5/13-212).
- Delivery room notes, nursing documentation, and fetal monitoring records can be lost, altered, or become harder to obtain the longer you wait, making early legal review important even if your child seems to be recovering well.
Recovery Outlook and Long-Term Impact
Many mild brachial plexus injuries (neuropraxia) resolve within the first year with physical therapy. However, more severe injuries, ruptures or avulsions, often require:
- Nerve graft or nerve transfer surgery
- Ongoing occupational and physical therapy
- Orthopedic surgeries as the child grows
- Long-term monitoring for limb length or growth discrepancies
- Adaptive equipment and, in some cases, permanent loss of function
Even “mild” cases can result in lasting weakness, reduced range of motion, or self-esteem impacts as a child grows, all of which can factor into a claim’s value.
What Compensation Can Cover
- Past and future medical treatment, including surgeries
- Physical and occupational therapy
- Adaptive equipment and assistive devices
- Lost future earning capacity if the injury is permanent
- Pain, suffering, and loss of normal life
Evidence That Strengthens a Shoulder Dystocia Case
- Full labor and delivery records, including timing of shoulder dystocia recognition
- Physician’s operative/delivery note describing maneuvers attempted
- Nursing documentation of the delivery sequence
- Pediatric neurology and orthopedic evaluations
- Independent OB/GYN expert review of technique used
- Imaging (MRI/EMG) confirming nerve damage location and severity
Why Choose Spiros Law
Spiros Law focuses on catastrophic birth injury litigation across Illinois, including brachial plexus injuries, Erb’s palsy, and shoulder dystocia malpractice claims.
We work with independent OB/GYN experts to reconstruct the delivery and determine whether the force used was consistent with accepted medical standards or a deviation that caused permanent harm.
- Million Dollar Advocates Forum | Million-dollar verdicts & settlements
- Super Lawyers | Recognized 2007, 2012–2026
- Top 10 Consumer Lawyer | Leading Lawyers recognition
- Avvo 10/10 | Superb attorney rating
- Lawyers.com 5-Star Rating | Client-focused service
- Martindale-Hubbell 4.9 Peer Rating | Peer-reviewed recognition
- Justia 10/10 Rating | Legal knowledge & professional standing
- Illinois Bar Certified | Licensed to practice in Illinois
- Top Attorney Award | Recognized 2019–2024
Free Consultation | 100% Confidential | No Obligation to Hire: Contact Us For A Free Case Review
Frequently Asked Questions
Is shoulder dystocia always caused by malpractice?
No. Shoulder dystocia can occur even when appropriate medical care is provided. A potential malpractice claim depends on whether the provider’s response fell below the applicable standard of care and caused an injury.
The Spiros Law team can review the delivery records and consult qualified medical experts to determine whether the care warrants further investigation.
Will my baby’s brachial plexus injury heal on its own?
Some brachial plexus injuries improve significantly with time and therapy. More severe injuries, including certain ruptures and avulsions, may require surgery and can result in permanent limitations.
At Spiros Law, our legal team can evaluate the medical documentation and treatment history to understand the nature and potential long-term effects of the injury.
How can I tell whether too much force was used during delivery?
It is difficult to determine from the child’s injury alone whether excessive force was used. Medical records should be reviewed along with the delivery sequence, documented maneuvers, and the child’s medical findings. A qualified medical expert can help assess whether the delivery technique was consistent with the applicable standard of care.
The Spiros Law team can obtain and review relevant delivery records and work with medical experts when evaluating a potential negligence claim.
Can I file a claim if my child’s injury has improved?
Potentially. Improvement does not necessarily eliminate a claim. The case may depend on the original injury, medical treatment, remaining limitations, prognosis, and applicable legal requirements.
Spiros Law can review your child’s medical history and determine whether the circumstances support further evaluation of a potential birth injury claim.
Do I need money upfront to hire a birth injury lawyer?
Spiros Law handles qualifying birth injury cases on a contingency-fee basis. This generally means there are no upfront attorney fees, and the firm receives an attorney fee only if compensation is recovered.
You can contact Spiros Law for a free case review to discuss your child’s injury and potential legal options.
Sources
Sources & Legal Authority
- 735 ILCS 5/13-212(b) — Illinois Code of Civil Procedure (Statute of Limitations for Minors): Establishes the special 8-year statute of limitations for medical injuries occurring to minors, extending no later than the child’s 22nd birthday.
- 735 ILCS 5/2-622 — Illinois Healing Art Malpractice (Affidavit & Certificate of Merit): Requires the plaintiff to attach an attorney affidavit and a reviewing medical professional’s written report confirming a meritorious basis for the birth injury lawsuit.
- American College of Obstetricians and Gynecologists (ACOG) — Practice Bulletin: Shoulder Dystocia: National clinical guidelines outlining prenatal risk factor recognition, prohibited delivery traction, and standard non-forceful emergency maneuvers (such as the McRoberts maneuver and suprapubic pressure).
- National Institute of Neurological Disorders and Stroke (NINDS) — Brachial Plexus Injuries Information: Clinical definitions, classifications (neuropraxia, rupture, avulsion), and long-term neuro-orthopedic treatment pathways for obstetric brachial plexus palsy.
- Children’s Hospital of Philadelphia (AAOS) — Erb’s Palsy (Brachial Plexus Birth Palsy): Clinical overview of functional nerve assessment, microsurgical nerve reconstruction, tendon transfers, and physical therapy regimens.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Every case is unique; consult a licensed Illinois attorney to evaluate your specific situation.
