Shoulder Dystocia Attorney in North Carolina

Legal Help for Families After a Traumatic Birth

When a delivery becomes complicated by shoulder dystocia, parents are often left with more questions than answers. You may have watched doctors and nurses rush into the room, and now your baby has trouble moving an arm or has been diagnosed with a nerve injury. In this confusing time, talking with a shoulder dystocia attorney in North Carolina can help you understand what happened and what your options may be.

At Comerford Chilson & Moser, we represent families when serious injuries occur during labor and delivery. Our attorneys bring over 90 years of collective experience to complex personal injury cases, and we have recovered hundreds of millions of dollars for people whose lives were changed by negligence. We combine this history with a small caseload and personal attention, so your child’s case is never just a file.

We serve families in Winston-Salem, Greensboro, High Point, and communities across our state. Consultations are free, and we handle these cases on a contingency fee basis so you do not owe legal fees unless we recover compensation.

Get trusted legal guidance from a North Carolina shoulder dystocia attorney. Call (336) 568-8779 or contact Comerford Chilson & Moser to schedule a free consultation.

Understanding Shoulder Dystocia Injuries

Before you can know whether you have a legal claim, it helps to understand what shoulder dystocia is and how it can affect a newborn and mother. Shoulder dystocia happens when a baby’s head is delivered, but one or both shoulders become stuck behind the mother’s pelvic bone. This can turn a routine birth into an emergency that requires quick, skilled action.

When this complication is not handled properly, a baby’s nerves and bones can be injured. Brachial plexus injuries, including conditions such as Erb’s palsy, can limit movement or strength in the shoulder, arm, or hand. Fractures of the collarbone or upper arm, lack of oxygen if delivery is delayed, and, in severe cases, long-term disability can occur.

Mothers can also suffer significant harm. Complications may include heavy bleeding, tearing, or injuries to the uterus and surrounding tissues. These physical injuries often come with emotional trauma, especially when parents are not given clear explanations about what took place.

When Shoulder Dystocia May Be Negligence

Many parents wonder whether anything could have been done differently to prevent their baby’s injury. Doctors and nurses are expected to recognize risk factors that increase the chance of shoulder dystocia and to plan accordingly, including:

• Gestational diabetes
• Suspected fetal macrosomia
• A prior birth involving shoulder dystocia
• Prolonged or difficult labor
• The use of certain delivery instruments

Potential negligence can occur at several stages of care. Examples of potential negligence include:

• Failing to discuss or offer a cesarean section in a very high-risk pregnancy
• Applying excessive traction to the baby’s head and neck during delivery
• Using improper delivery maneuvers
• Delaying a response to signs of fetal distress
• Communication breakdowns among the medical team that lead to critical delays

In North Carolina, medical malpractice cases, including birth injury claims, are subject to specific deadlines and procedural requirements. The time available to file a claim generally depends on when the injury occurred and when it was discovered, and calculating those deadlines correctly is important. Acting promptly can make it easier to preserve medical records, locate witnesses, and consult with appropriate medical professionals.

When we investigate a shoulder dystocia case, we carefully review prenatal records, labor and delivery notes, and any follow-up care. We may work with medical professionals, where appropriate, to evaluate whether the care provided met accepted standards. Our shoulder dystocia attorneys in North Carolina prepare every case for trial, gathering evidence and building arguments as though the case will be presented to a jury. This approach often strengthens our position when negotiating with hospitals and insurance companies that may resist accepting responsibility.

How Our North Carolina Shoulder Dystocia Attorney in North Carolina Helps

Choosing a firm to handle your child’s case is a very personal decision. At Comerford Chilson & Moser, we take on a limited number of serious injury matters so we can devote the time and attention each family deserves.

Our team helps families by:

• Providing a free consultation to discuss your pregnancy, labor, delivery, and your child’s current condition while helping you understand whether malpractice may have played a role
• Explaining birth injury claims in North Carolina in clear, straightforward language and answering questions about the legal process
• Guiding families through every stage of the case, including record collection, consultations with medical professionals, litigation, settlement negotiations, and trial preparation when necessary
• Pursuing compensation that reflects both immediate and long-term needs, including medical care, therapy, adaptive equipment, educational support, and loss of earning capacity
• Preparing every case for trial to pursue accountability from hospitals, physicians, and other responsible parties when appropriate

Families often find reassurance in working with a firm recognized by organizations such as Super Lawyers and “Best Law Firms” ranked by Best Lawyers. Our AV Preeminent rating from Martindale-Hubbell reflects peer recognition of our ethics and legal ability. We regularly appear in trial courts that serve Forsyth County and Guilford County and are familiar with the medical centers that serve families in Winston-Salem, Greensboro, and High Point.

What to Do After a Shoulder Dystocia Birth

In the weeks and months after a difficult delivery, it can be hard to know what to focus on first. Your priority is your child’s health, and at the same time you may be worried about preserving your legal rights. Taking a few practical steps now can help protect both.

Key steps to protect your child and your rights:

• Keep copies of all medical records, discharge papers, and test results for you and your baby.
• Document your baby’s symptoms, movement, and developmental milestones in a journal or secure app.
• Save letters, emails, and notes from conversations with doctors, nurses, and insurers.
• Write down your recollection of the pregnancy, labor, and delivery while details are still fresh.
• Reach out to our firm for a free consultation to discuss your concerns and potential next steps.

You may start receiving calls or paperwork from insurance companies or from the hospital. Before signing forms or giving detailed statements, it can be wise to talk with a shoulder dystocia lawyer in North Carolina who understands birth injury claims. An attorney can explain your rights, help you avoid missteps, and work to ensure important deadlines are not missed.

Frequently Asked Questions

How do I know if shoulder dystocia was malpractice?

Medical malpractice depends on whether providers followed accepted standards of care. We review prenatal, labor, and delivery records and, when appropriate, may consult with medical professionals. If a provider ignored risk factors or used unsafe maneuvers, you may have a claim. A consultation can help clarify this.

Will I owe your firm anything upfront?

No, we offer free consultations and work on a contingency fee basis. You do not pay legal fees at the beginning of your case. Our fee is collected as a percentage of any recovery, so if there is no recovery, you typically do not owe a fee.

What can a shoulder dystocia case recover for my child?

Compensation in a birth injury case can address medical expenses, therapy, adaptive equipment, in-home care, and educational support. It may also include damages for pain, suffering, and reduced earning capacity. The exact amount depends on many factors, including the severity and expected duration of your child’s injuries.

How long do I have to file in North Carolina?

North Carolina law limits the time to file medical malpractice claims, including those involving birth injuries. The deadlines can vary based on when the injury occurred and when it was discovered. Because calculating these periods can be complex, we recommend speaking with an attorney as soon as possible.

What happens during a free consultation with your team?

During a consultation, we listen to your story, review any records you have, and ask questions about the pregnancy, delivery, and your child’s condition. We then explain possible legal options and what a case might involve. There is no obligation to hire us, and you can simply get information.