Shoulder Dystocia Attorney in Albuquerque

A Former Physician & Board-Certified Trial Lawyer. A $72 Million Birth Injury Verdict.

Shoulder dystocia is an obstetric emergency that occurs when, after a baby’s head is delivered, the shoulders do not deliver with gentle traction and additional obstetric maneuvers are required.

The complication itself does not prove medical malpractice. Shoulder dystocia can be difficult to predict, and an injury can occur even when providers respond appropriately. But when a child is injured, families deserve a careful review of what happened before, during, and immediately after delivery.

At Buckingham & Vega Law Firm, that review is informed by both medical knowledge and trial experience. Kent Buckingham practiced for several years as a doctor before beginning his legal career and is now a board-certified trial lawyer. His background helps our team understand complex medical records, delivery decisions, and the clinical questions that often determine whether negligence played a role.

Our birth injury results include a $72 million jury verdict and a $12 million settlement. Past results do not guarantee what will happen in another case, but they reflect our experience handling high-stakes claims involving medical negligence and serious injuries to children.

When Shoulder Dystocia May Involve Medical Negligence

Not every shoulder dystocia injury is preventable. The legal question is whether the doctors, nurses, or other providers involved responded reasonably under the circumstances and whether a departure from the accepted standard of care caused the child’s injury.

A malpractice investigation may examine issues such as:

• How the delivery team responded once shoulder dystocia was recognized
• Whether excessive traction was applied during delivery
• Whether appropriate obstetric maneuvers were used under the circumstances
• How forceps, vacuum extraction, or other delivery tools were used
• Whether relevant prenatal and labor information was considered in delivery planning
• Whether fetal and maternal conditions were appropriately monitored and documented

Shoulder dystocia cases are highly fact-specific. Risk factors can provide important context, but their presence alone does not establish negligence. Our role is to review the entire medical timeline and determine whether the evidence supports a malpractice claim.

Injuries Associated With Shoulder Dystocia

Shoulder dystocia can be associated with several types of birth injury.

One of the most important is a brachial plexus injury, which affects the network of nerves responsible for movement and sensation in the shoulder, arm, and hand. Some children with these injuries are diagnosed with Erb’s palsy.

Other injuries can include fractures and, in serious cases, complications related to reduced oxygen. When oxygen deprivation results in neurological injury, families may also need information about conditions such as cerebral palsy or hypoxic brain injury.

The injury diagnosis is only one part of a malpractice case. We also need to understand what caused it and whether the medical care contributed to the outcome.

How We Investigate a Shoulder Dystocia Birth Injury

In our experience, the most important answers are usually found by rebuilding the delivery timeline.

At Buckingham & Vega Law Firm, we may review prenatal records, labor and delivery notes, fetal monitoring records, operative documentation, newborn records, hospital policies when relevant, and other evidence that helps explain what happened.

Shoulder dystocia malpractice cases also typically require review by qualified medical experts who can address the applicable standard of care, the actions taken during delivery, and whether those actions caused the child’s injuries.

Kent Buckingham’s background as a former doctor gives our legal team an additional clinical perspective when reviewing that evidence. We use that insight alongside outside medical expertise and trial preparation to determine whether the facts support a claim.

We also explain what we find in plain language. Parents should not have to decode a medical chart on their own to understand why their child was injured or whether the care provided was appropriate.