Skip to main content

Birth Injuries in New York: Your Baby's Clavicle is Fractured...Is That Medical Malpractice?

Posted by attorney Gerald Oginski

NY Medical Malpractice & Personal Injury Trial Lawyer



The obstetrician tells you that the baby has a fractured clavicle. Your first question is “How is this possible?"

To answer the question, it's important to understand why a baby's clavicle could become fractured during the course of delivery.

There are some instances during a delivery where the baby gets stuck during the delivery process. This is known medically as shoulder dystocia.

This is a life-threatening emergency.

Obstetricians are trained to perform different maneuvers in an attempt to get the stuck shoulder unstuck. One of the last-resort maneuvers to try and get the baby out emergently is to intentionally fracture the clavicle.

By fracturing the clavicle, the shoulders collapse enough to get the shoulder unstuck. Once the shoulders collapse the baby can now pass through the birth canal leading to delivery.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client:

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering:

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ?

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at This is what I do every day and I'd be happy to chat with you.

Law Office of Gerald Oginski

25 Great Neck Road, Ste. 4

Great Neck, NY 11021



Additional resources provided by the author

Author of this guide:

Was this guide helpful?

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Recommended articles about Personal injury

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer