Shoulder Dystocia Attorney in Queens County

Personal Representation for Queens County Families Facing Birth Injury Claims

Shoulder dystocia occurs during vaginal delivery when the baby’s anterior shoulder becomes lodged against the mother’s pubic bone after the head has already emerged. It’s a recognized obstetrical emergency, and medical teams are trained to identify risk factors in advance and apply established response maneuvers when it occurs. When a provider fails to do either, the consequences for the infant and mother can be permanent. That failure may constitute medical malpractice.

I’m David Kates, a medical malpractice attorney with over 20 years of experience representing patients and families in Queens County. I personally handle every case I take on, from the first consultation through resolution, so you’re always working with me directly. If your family was harmed by a mismanaged shoulder dystocia delivery, I offer a free, confidential consultation to evaluate what happened and what your options may be.

Call me at (718) 866-3664 to schedule a free, confidential consultation. There’s no obligation, and I can give you an honest assessment of your situation.

Injuries Caused by Shoulder Dystocia

The longer an infant remains lodged in the birth canal, the greater the risk of serious harm. Compression of the umbilical cord during a prolonged event can cut off oxygen to the baby, potentially causing hypoxic-ischemic encephalopathy (HIE), a form of brain injury resulting from oxygen deprivation. In severe cases, oxygen loss can be fatal.

Excessive traction or improper force applied during delivery can tear the brachial plexus, the network of nerves running from the spine through the shoulder and into the arm. This can result in Erb’s palsy or Klumpke’s palsy, conditions that may cause partial or complete paralysis of the affected arm or hand. Some children recover with therapy; others face permanent limitations.

Additional injuries associated with mismanaged shoulder dystocia include:

• Infant injuries: Clavicle and humerus fractures, soft tissue contusions, lacerations, and fetal asphyxia
• Maternal injuries: Postpartum hemorrhage, vaginal lacerations, severe anal tears, and uterine rupture

A birth injury of this kind can require surgeries, years of rehabilitation, and lifelong specialized care. Building a case that accounts for the full scope of those needs is part of what I do.

When Shoulder Dystocia Becomes a Malpractice Claim

Not every shoulder dystocia delivery involves negligence. The complication can occur even when a medical team responds correctly. The legal question is whether the provider’s conduct met the standard of care expected of a reasonably prudent obstetrician under similar circumstances.

Failures That Can Give Rise to a Claim

Shoulder dystocia is sometimes predictable. Risk factors including gestational diabetes, fetal macrosomia, maternal obesity, prior shoulder dystocia deliveries, and planned use of forceps or a vacuum extractor are well documented in obstetrical literature. A provider who fails to review those risk factors, or who proceeds with vaginal delivery when a cesarean section was the safer choice, may have deviated from accepted standards.

When shoulder dystocia occurs, established response maneuvers exist to resolve it safely: the McRoberts maneuver (hyperflexion of the mother’s legs), suprapubic pressure, internal rotation techniques, and, in rare cases, the Zavanelli maneuver. Failure to apply these in sequence, or applying excessive traction that causes nerve damage, can form the basis of an obstetrical negligence claim.

Who May Be Held Responsible

Liability in a Queens County shoulder dystocia case may extend beyond the delivering physician. Depending on the circumstances, potentially responsible parties can include attending nurses, a midwife, the hospital or birthing facility, and other members of the medical team present during delivery.

Why Queens County Families Choose My Representation

With over 20 years of handling medical malpractice cases in Queens County, I bring a focused understanding of birth injury law and the local legal environment that broad-practice firms often can’t match. As a native New Yorker, I’m familiar with Queens County Supreme Court, local medical practices, and the cultural diversity of the communities I serve, all of which can matter when building and presenting a case.

What distinguishes my practice is direct, personal involvement. I handle every shoulder dystocia case myself, from evaluating your initial records through final resolution. There are no handoffs to junior attorneys or case managers. You work with me throughout.

• Over 20 years of medical malpractice experience in Queens County
• Millions recovered for clients in medical malpractice cases across case types
• One-on-one attention from first consultation through resolution
• Free and confidential initial consultation with no financial obligation
• Familiarity with Queens County courts, procedures, and local medical standards

Building a strong shoulder dystocia case requires qualified medical experts who can review delivery records, evaluate the decisions made in the delivery room, and establish whether the standard of care was met. I work with those experts as a standard part of case preparation. Under New York law, a certificate of merit must be filed with the complaint when a malpractice case is commenced, confirming that a qualified medical expert has reviewed the facts and found a reasonable basis for the claim. When timing constraints make that impossible before filing, the law allows the certificate to be submitted within 90 days afterward. I manage that process so the procedural requirements don’t become a burden on your family.

Filing Deadlines for Shoulder Dystocia Cases in Queens County

Understanding which deadline applies to your situation is one of the most important early steps in a shoulder dystocia case. Missing any of these deadlines generally bars recovery entirely, which is why I encourage families to seek legal guidance as early as possible.

The Standard 30-Month Deadline

New York CPLR 214-a sets the standard medical malpractice statute of limitations at 2 years and 6 months (30 months) from the date of the negligent act.

The 10-Year Cap for Minor Children

For birth injuries involving a minor child, the limitations period is tolled until the child turns 18. However, New York caps this extension: no claim may be filed more than 10 years after the date of the malpractice. In practical terms, a shoulder dystocia birth injury claim must generally be filed before the child’s 10th birthday, not their 18th.

The 90-Day Notice of Claim for Municipal Hospitals

When the delivery occurred at a municipal hospital, a separate and much shorter deadline applies. Queens County is served by NYC Health + Hospitals facilities, and claims against city-run hospitals require a Notice of Claim filed within 90 days of the incident. This deadline applies in addition to the standard statute of limitations and can permanently cut off your right to sue if missed.

Early legal engagement also serves a practical purpose beyond meeting deadlines. Medical records, delivery notes, fetal monitoring strips, and nursing logs are easier to obtain and preserve shortly after the event, and witness accounts are clearer. Acting promptly protects your family’s legal position in ways that waiting cannot recover.

Frequently Asked Questions

How Do I Know if What Happened During Delivery Qualifies as Malpractice?

Determining whether a shoulder dystocia delivery involved malpractice requires reviewing medical records, delivery notes, and fetal monitoring data, then consulting qualified medical experts to assess whether the care provided met accepted standards. Not every difficult delivery is negligence. I offer a free initial consultation to evaluate the specifics of your case and give you an honest assessment of whether a claim is worth pursuing.

What Compensation Can My Family Recover?

Compensation in shoulder dystocia malpractice cases can include medical expenses already incurred, future rehabilitation and long-term care costs, lost income if a parent has reduced work to provide care, and non-economic damages including pain and suffering. In serious cases involving permanent injury, future damages can be substantial. New York doesn’t cap medical malpractice damages, so there’s no statutory ceiling on what a successful claim may recover.

My Child’s Injury Happened Years Ago. Is It Too Late to Act?

It depends on when the injury occurred and whether your child was a minor at the time. The 10-year cap on minor claims means time may still remain, but the window closes. The only way to know for certain is to have the dates and facts reviewed. Contact me for a free consultation, and I can tell you where you stand.

What Does Working with You Actually Look Like Day to Day?

You speak with me directly, not a paralegal or case manager. I review the records, consult with medical experts, manage all filing requirements, and keep you informed at each stage. If your case proceeds to litigation, I handle it personally in Queens County court. From first call to final resolution, I’m the attorney on your case.

Speak with a Shoulder Dystocia Attorney in Queens County

If your family was affected by a shoulder dystocia delivery and you have questions about whether malpractice occurred, I’m available to discuss what happened and help you understand your options. My consultations are free and confidential, and there’s no pressure to move forward until you’re ready.

Contact me at (718) 866-3664 for a free, confidential consultation, and take the first step toward protecting your family’s future.