Can a broken collarbone during birth be caused by medical negligence?

Neonatal clavicle fractures are the most common bone injury during childbirth and can result from the mechanical forces of a difficult delivery even when care was appropriate.

What determines whether a malpractice claim exists is whether the medical team's management of the delivery, particularly when shoulder dystocia was involved, departed from the accepted standard of care and caused the fracture or accompanying injuries.

Shoulder dystocia occurs when the baby's shoulders become impacted after the head has delivered, and the American College of Obstetricians and Gynecologists identifies it as an obstetric emergency requiring systematic management and appropriate technique. In a potential malpractice case, experts examine whether providers:

• Recognized shoulder dystocia promptly and performed appropriate obstetric maneuvers
• Applied excessive or inappropriate traction to the baby's head or neck during delivery
• Appropriately considered cesarean delivery when circumstances required it
• Recognized and responded to signs of fetal distress before and during the delivery

Excessive traction is a particularly significant issue when a clavicle fracture occurs alongside a brachial plexus injury, as research has found that approximately 1 in 11 newborns with a clavicle fracture also had brachial plexus palsy.

What prenatal risk factors are examined in a broken collarbone case?

Experts also consider whether known risk factors were recognized and addressed in the delivery plan, among them fetal macrosomia, maternal diabetes, a history of shoulder dystocia, prolonged labor, and instrument-assisted delivery. ACOG accepts that shoulder dystocia is hard to predict, but when significant documented risk factors are present in a delivery that resulted in fracture and nerve injury, questions arise about whether appropriate planning and management were carried out.

What records are reviewed in a broken collarbone malpractice investigation?

Experts typically review prenatal records including estimated fetal weight and ultrasound results, fetal heart rate monitoring strips, labor and delivery notes, documentation of shoulder dystocia and the maneuvers used, Apgar scores, newborn X-rays, neurological examinations, and any brachial plexus evaluations performed after birth.

How Sean M. Cleary Can Help in a Broken Collarbone Birth Injury Case

When a neonatal clavicle fracture occurs alongside nerve damage or in the context of a poorly managed shoulder dystocia, the delivery record becomes the evidence that determines whether a malpractice claim can be pursued. Attorney Sean M. Cleary works with obstetric experts who can reconstruct what happened and identify where the standard of care was not met. If your newborn sustained a broken collarbone during delivery and you have concerns about how the birth was handled, contact The Law Offices of Sean M. Cleary today for a free case evaluation.