Shoulder Dystocia Attorney in Atlanta

Injuries That Follow Shoulder Dystocia Mismanagement

The brachial plexus is a network of nerves running from the spinal cord through the neck and shoulder into the arm. During a shoulder dystocia event, improper traction stretches or tears those nerves, with consequences ranging from temporary weakness to permanent paralysis.

Brachial plexus injuries fall along a spectrum:

• Neuropraxia: The nerve is stretched but intact. Many of these injuries resolve within the first year of life.
• Neuroma: Scar tissue forms after a partial tear, disrupting nerve function and potentially requiring surgery.
• Avulsion: The nerve root is torn from the spinal cord. Avulsion injuries can cause permanent paralysis with no natural recovery path.

Two named conditions follow from where along the brachial plexus the damage occurs. Erb’s palsy results from injury to the upper brachial plexus and produces weakness or loss of movement in the affected arm. Klumpke’s palsy results from lower brachial plexus damage and can cause paralysis or weakness in the wrist and hand. A significant number of affected children live with permanent disability requiring lifelong medical management.

When delivery is delayed too long during the emergency, the infant may also suffer oxygen deprivation. Prolonged oxygen loss can cause hypoxic ischemic encephalopathy (HIE), a form of brain injury with potential outcomes including cerebral palsy, cognitive impairment, and other lasting neurological harm.

Recoverable Damages in a Georgia Birth Injury Claim

The financial burden a shoulder dystocia injury places on a family is rarely short-term. Children with permanent brachial plexus injuries or neurological damage often require years of physical therapy, adaptive equipment, surgical interventions, and medical care extending well into adulthood. Recoverable damages in a Georgia medical malpractice claim may include:

• Past and future medical expenses, including surgery and rehabilitation
• Physical therapy and occupational therapy costs
• In-home care and adaptive equipment
• Pain and suffering for the injured child
• Loss of the child’s future earning capacity
• Compensable harm to the parents resulting from the delivery team’s negligence

Both the child and the parents may have separate claims depending on how the injury has affected each of them.

Georgia Filing Deadlines for Shoulder Dystocia Claims

Georgia law sets a two-year statute of limitations for medical malpractice claims under O.C.G.A. § 9-3-71, measured from the date the negligent act occurred. For children injured before age five, O.C.G.A. § 9-3-73 extends the filing deadline to the child’s seventh birthday. Georgia’s statute of repose adds a separate outer boundary: no malpractice action may be filed more than five years after the negligent act, but for minors, that repose period doesn’t expire until the child turns 10.

These extended deadlines give families time, but they don’t eliminate the value of acting early. Delivery room documentation, electronic fetal monitoring records, and witness recollections are most accessible shortly after birth. Birth injury cases also involve delayed recognition; the full extent of a brachial plexus injury or neurological harm may not become clear until a child begins missing developmental milestones. Starting early preserves the evidence needed to build a complete case.

Talk to an Atlanta Shoulder Dystocia Lawyer Today

If your child suffered a brachial plexus injury, Erb’s palsy, or another birth injury during a difficult delivery, you deserve a clear picture of your legal options. We offer a free consultation to Atlanta families navigating these questions, and we work on a contingency basis so there are no attorney fees unless we achieve a recovery for your family.

Call Cunningham Bounds at (404) 609-1081 to speak with one of our attorneys about what happened during your child’s delivery.