Bone Fracture Birth Injury Lawsuit

A broken bone discovered after childbirth does not automatically mean that the obstetric team committed malpractice. Clavicle, humerus, femur, and skull fractures can occur during a genuinely difficult delivery even when doctors and nurses respond appropriately. The legal question is how the fracture happened, whether the team used excessive force or misused an instrument, and whether a different response would probably have prevented the injury.

Most isolated newborn fractures heal well. The cases with the greatest medical and settlement consequences usually involve an associated brachial plexus injury, intracranial bleeding, brain damage, delayed diagnosis, permanent weakness, or developmental impairment. Parents need an honest assessment that separates a temporary fracture from the larger injury sometimes hidden behind it.

Our birth injury lawyers review cases involving fractures caused by shoulder dystocia, difficult extraction, forceps, vacuum devices, breech delivery, and delayed cesarean delivery. Call 800-553-8082 or contact us online for a free consultation.

Substantively updated August 5, 2026.

When Is a Broken Bone During Birth Medical Malpractice?

Doctors are judged by the medical standard of care, not by the outcome alone. A newborn can suffer a fracture during an emergency without anyone being negligent. The plaintiff must prove that a healthcare provider failed to act as a reasonably careful provider would have acted under similar circumstances and that this failure caused the fracture or made the injury worse.

Potential negligence may include:

• Using excessive lateral traction on the baby’s head or neck during shoulder dystocia;
• Applying forceps incorrectly or using excessive force;
• Continuing unsuccessful vacuum extraction attempts beyond accepted limits;
• Using an operative vaginal delivery when the circumstances called for a cesarean section;
• Failing to recognize macrosomia or other delivery risks that required additional planning;
• Mishandling a breech extraction;
• Dropping the newborn after delivery;
• Failing to examine a baby who would not move an arm or leg; or
• Missing an associated brachial plexus, brain, vascular, or spinal injury.

Why was the labor difficult? That question often points the investigation in the right direction. Sometimes the answer is a complication no doctor could have prevented. In other cases, the records show that warning signs accumulated while the team continued with a delivery plan that had stopped being safe.

The distinction requires expert review. An obstetric expert can evaluate the delivery decisions and maneuvers. A pediatric orthopedic surgeon, neonatologist, radiologist, neurologist, or neurosurgeon may be needed to determine when the fracture occurred, how it occurred, and whether another injury accompanied it.

Types of Bone Fractures During Childbirth

Clavicle Fractures

The clavicle, or collarbone, is the bone most commonly fractured during birth. Recognized risk factors include a large baby, shoulder dystocia, a narrow birth canal, difficult delivery, and the use of instruments. Nationwide Children’s Hospital explains the diagnosis, treatment, and common symptoms.

A baby with a clavicle fracture may cry when the affected arm is moved, hold the arm still, show swelling or tenderness, or develop a firm healing callus over the collarbone. Some fractures are discovered only during a later newborn examination because the initial signs are subtle.

Most isolated clavicle fractures heal without surgery and without long-term complications. That favorable prognosis affects damages, but it does not excuse negligent conduct. The legal value may increase when diagnosis was delayed, pain went untreated, healing produced a deformity, or the fracture occurred with permanent nerve damage.

Humerus and Other Upper Limb Fractures

The humerus is the long bone of the upper arm. Humeral fractures and growth plate injuries can occur during a difficult vaginal delivery, breech extraction, cesarean extraction, or manipulation of an impacted arm. They are uncommon and may be difficult to recognize promptly.

A newborn who does not move an arm may have a fracture, brachial plexus injury, infection, or another painful condition. Doctors sometimes refer to this reduced movement as pseudoparalysis because pain, rather than true paralysis, keeps the infant from moving the limb. A careful examination and appropriate imaging are needed to distinguish these conditions.

A recent medical review notes that prompt recognition of neonatal upper limb fractures can be difficult and that delayed presentation occurs. Read the neonatal upper limb fracture review.

Femur Fractures

Femur fractures are rare birth injuries. They have been reported after breech delivery, difficult extraction, and cesarean delivery. A baby may show swelling, pain with movement, shortening or abnormal positioning of the leg, or reduced spontaneous movement.

Most neonatal femur fractures heal well with appropriate treatment, but the diagnosis matters. The medical team should also consider metabolic bone disease, osteogenesis imperfecta, accidental injury after birth, and nonaccidental trauma when the history or timing is unclear.

Skull Fractures

Neonatal skull fractures are uncommon and vary widely in severity. A linear fracture without intracranial injury presents a different medical problem from a depressed fracture, a fracture associated with hemorrhage, or severe instrument-related trauma causing brain injury.

Potential causes include difficult instrument-assisted delivery, pressure during birth, trauma during extraction, and an accidental fall in the hospital. The location and pattern of the fracture, scalp findings, intracranial imaging, delivery history, and timing of symptoms help identify the cause.

A Journal of Perinatology study reviewed 21 infants referred for suspected skull fracture. Few required intervention. The three infants who needed neurosurgery had severe birth trauma associated with instrumentation. Read the neonatal skull fracture study.

The highest value skull fracture cases involve associated brain damage rather than the fracture line alone. Intracranial bleeding, seizures, hydrocephalus, developmental delay, cerebral palsy, or permanent neurological impairment can create lifelong care needs.

Shoulder Dystocia, Fractures, and Brachial Plexus Injuries

Shoulder dystocia occurs when the baby’s head delivers, but a shoulder becomes lodged behind the mother’s pubic bone. It is an obstetric emergency. The team must act quickly because delay can deprive the baby of oxygen.

A fracture during shoulder dystocia does not necessarily prove malpractice. A clavicle or humerus fracture can occur during a properly managed emergency, and intentional clavicle fracture has even been described as a last-resort maneuver in extreme cases. The legal focus should be on the maneuvers used, the force applied, the timing, the preparation, and the baby’s condition afterward.

Excessive lateral traction on the head or neck can stretch or tear the brachial plexus nerves. A baby may then have both a fracture and weakness or paralysis of the arm. Fracture pain can temporarily reduce movement, while a brachial plexus injury may cause persistent weakness, abnormal positioning, loss of sensation, contractures, or the need for nerve or orthopedic surgery.

The records should identify when shoulder dystocia was called, which shoulder was anterior, which maneuvers were used, who performed them, the order and duration of the maneuvers, the amount and direction of traction, and the interval between delivery of the head and body. A vague note that says “shoulder dystocia resolved” leaves many questions unanswered.

Macrosomia and Gestational Diabetes

Large birth weight increases the risk of difficult delivery, shoulder dystocia, and fracture. Gestational diabetes can contribute to fetal overgrowth, but a large baby does not establish negligent diabetes care. Some large babies are born to mothers without diabetes, and prenatal weight estimates have recognized limits.

Our lawyers review whether the mother was screened appropriately, whether abnormal glucose results were followed, whether fetal growth was monitored, what ultrasound estimates showed, whether delivery options were discussed, and whether changing circumstances required a new plan.

Forceps and Vacuum Extraction

Forceps and vacuum devices are tools in the obstetrician’s bag. They can assist delivery when used for the right patient, at the right time, and with proper technique. They can also cause serious injury when the operator places the instrument incorrectly, applies excessive traction, continues after repeated failure, or attempts an operative vaginal delivery despite conditions that make success unlikely.

In a forceps case, the investigation looks at fetal position, station, cervical dilation, forceps type, blade placement, number of traction attempts, direction of force, cup or blade marks, and the reason the procedure continued or stopped.

In a vacuum case, lawyers look for cup placement, pressure, duration, number of pulls, cup detachments, descent with each attempt, and compliance with hospital policy. The fact that a vacuum was used does not establish negligence. The operative note and device record should show whether the procedure remained within accepted limits.

Failure to Diagnose a Newborn Fracture

A fracture caused without negligence can still lead to a viable malpractice claim if doctors fail to recognize and treat it. The newborn examination needs to detect a fracture, particularly if there is reason to be concerned, and should assess spontaneous movement, symmetry, tenderness, swelling, crepitus, abnormal positioning, reflexes, and signs of nerve injury.

Delayed diagnosis may leave a baby in unnecessary pain, postpone immobilization, and allow an associated injury to go unrecognized. The delay may also complicate the later investigation because doctors must determine whether the fracture occurred during delivery, during a hospital fall, or after discharge.

Skull injuries require particular care. A baby with abnormal scalp swelling, neurological symptoms, seizures, a difficult instrument-assisted delivery, or a known fall may require additional evaluation. The 2016 skull fracture study found that initial skull films were unreliable in some cases, which underscores the need to select imaging based on the clinical circumstances.

How Our Lawyers Investigate These Claims

The delivery note is only the beginning. Our lawyers usually seek:

• Prenatal records and maternal medical history;
• Gestational diabetes screening and treatment records;
• Ultrasound reports and estimated fetal weights;
• Labor and delivery flowsheets;
• Fetal monitoring strips and nursing notes;
• Medication and anesthesia records;
• Shoulder dystocia forms and emergency documentation;
• Forceps or vacuum procedure notes and device records;
• Delivery room staffing records;
• Newborn examinations and Apgar information;
• NICU and pediatric records;
• X-rays, ultrasound, CT, MRI, and the original images;
• Orthopedic, neurological, and neurosurgical records;
• Physical and occupational therapy evaluations; and
• Hospital policies governing shoulder dystocia and operative delivery.

The fetal monitor may show how long the team had to make decisions. Nursing notes may describe traction, failed attempts, or a newborn who did not move one arm. Instrument records may document more attempts than the delivery summary mentions. A later orthopedic examination may distinguish fracture-related pseudoparalysis from a brachial plexus injury.

Good lawyers make a difference in these cases because the fracture itself is rarely the whole story. The lawyer must identify the right experts and give them the complete record before deciding whether the delivery fell below the standard of care.

Settlement Value of a Birth Fracture Lawsuit

There is no useful average settlement amount for a newborn fracture claim. Isolated clavicle fractures often heal within weeks and leave no permanent impairment. Skull fractures accompanied by brain damage can require lifelong medical care and produce multimillion dollar damages. Combining those claims into one average would mislead parents.

Isolated Fracture Claims

The value of an isolated fracture may include pain during healing, imaging, orthopedic treatment, immobilization, follow up care, and any residual deformity or limitation. Liability still must be proved. A fracture that healed fully after an unavoidable difficult delivery may support no malpractice recovery.

Bone fracture claims may have more opportunity for prelawsuit resolution than catastrophic neurological claims when the negligence is clear, the treatment is complete, and future damages are limited. Most birth injury cases still require expert review before a healthcare provider or insurer will discuss a serious settlement.

Fractures With Permanent Associated Injuries

Settlement value increases sharply when the fracture accompanies:

• Permanent brachial plexus weakness or paralysis;
• Intracranial hemorrhage or brain injury;
• Cerebral palsy;
• Seizures or hydrocephalus;
• Growth plate damage;
• Residual limb deformity;
• Repeated surgery;
• Developmental delay; or
• Long-term therapy, equipment, supervision, or personal care.

These cases may include past and future medical expenses, therapy, assistive equipment, home modifications, lost earning capacity, and noneconomic damages. State law determines whether parents have separate claims for medical expenses, lost income, consortium, or emotional harm. It also determines whether damages caps apply.

Punitive damages are unusual in medical malpractice cases and unavailable or restricted in many states. Ordinary negligence is generally insufficient. The lawyer should evaluate punitive damages only after the evidence supports the heightened standard required by the applicable law.

Reported Birth Injury Settlements and Verdicts Involving Fractures

The reported outcomes below involve fractures accompanied by brachial plexus damage, brain injury, cerebral palsy, or other serious harm. They do not establish the value of an isolated newborn fracture. We have preserved them because they show how the fracture can fit into a larger birth injury case.

$9,950,000 California settlement, 2018

The lawsuit alleged that negligent and excessive use of vacuum extraction during a difficult delivery caused several injuries, including a clavicle fracture and brachial plexus damage. The plaintiffs also alleged that delayed delivery caused oxygen deprivation, cerebral palsy, and profound developmental impairment. The neurological injuries drove most of the value. Only a small part of the settlement can reasonably be associated with the clavicle fracture.

$17,967,086 Pennsylvania verdict, 2017

The infant suffered two skull fractures, a left cerebellar contusion, ventricular compression, and hydrocephalus. The lawsuit alleged that the obstetrician placed forceps improperly and used excessive traction without a clear need for operative delivery. The child sustained brain damage and permanent disability. The case illustrates the value of a catastrophic brain injury claim rather than an uncomplicated skull fracture.

$1,000,000 Pennsylvania settlement, 2017

The infant suffered Erb’s palsy and a fractured right arm during a vaginal delivery complicated by shoulder dystocia. The lawsuit alleged excessive force, lateral traction, and a failure to manage the emergency properly. Without an allocation of damages, the settlement does not reveal how much value was assigned to the fracture and how much was assigned to the brachial plexus injury.

$360,000 Wisconsin settlement, 2011

The infant suffered a fractured clavicle and brachial plexus damage. The lawsuit alleged that the obstetrician used excessive manual force and traction during a long and difficult vaginal delivery. The reported facts do not allocate the settlement between the fracture and nerve injury.

Deadlines for Filing a Birth Injury Claim

Medical malpractice deadlines vary sharply by state. Some states extend a child’s filing period during minority. Others impose a statute of repose that can expire even while the child is young. Parents’ derivative claims may have a shorter deadline than the child’s claim.

Government hospitals, public healthcare systems, and federally supported clinics may trigger special notice requirements or federal procedures. These deadlines can arrive much earlier than the ordinary medical malpractice statute.

Parents should not wait to see whether a brachial plexus or other injury or developmental problem becomes permanent before speaking with counsel. A lawyer can investigate while the child continues treatment, and early action helps preserve fetal monitoring strips, instrument records, hospital policies, and witness recollections.

Newborn Bone Fracture Lawsuit FAQs

Does a broken clavicle during birth prove malpractice?

Clavicle fractures can occur during appropriately managed difficult deliveries. A viable malpractice claim requires evidence that a provider used unreasonable force, mishandled a complication, selected an unsafe delivery method, delayed necessary intervention, or failed to diagnose and treat the injury.

Can shoulder dystocia cause a fractured clavicle?

Yes. The shoulder can become impacted during delivery, and a clavicle or humerus fracture may occur as the baby is delivered. The fracture alone does not reveal whether the maneuvers were performed properly, but the possibililty of malpractice is very real in these cases.

What are the signs of a newborn fracture?

Possible signs include crying with movement, swelling, tenderness, reduced movement of an arm or leg, abnormal positioning, crepitus, bruising, and a healing lump over the clavicle. These findings require medical evaluation because nerve injury and other conditions can produce similar symptoms.

Can forceps or vacuum extraction cause a skull fracture?

Severe birth trauma associated with instrumentation can cause skull fracture and intracranial injury, especially if you use both the vacuum and the forceps together. A lawsuit requires evidence that the instrument was used negligently or that the team failed to recognize and respond to the resulting injury.

How much is an isolated newborn fracture claim worth?

There is no dependable average. Settlement amounts first depend on how strong the proof of negligence is.  Can you prove the doctor’s negligence caused the injury.  After that, we look to the pain and suffering, treatment,  and residual impairment.  An isolated fracture that heals normally is almost invariably worth far less than a fracture accompanied by permanent nerve or brain damage.

Who owns the legal claim, the parent or the child?

It varies by jurisdiction. But the child generally owns the claim for the child’s bodily injury and future losses. Parents may have separate claims before the child turns 18 for medical expenses, lost income, or other losses depending on state law. The filing deadlines for those claims may differ so contacting a lawyer sooner rather than later is the best path.