Birth Fractures

Birth Fracture Attorney in San Francisco

More Than 30 Years Handling Complex Birth Injury Cases

A newborn clavicle fracture may first appear as reduced arm movement, swelling, bruising, crying when lifted, or a lump that forms as the bone heals. Fractures can also affect the humerus or femur. Although these injuries may occur during a difficult delivery, a fracture alone doesn’t prove medical negligence.

We represent families in serious birth injury and medical malpractice cases. We examine the delivery circumstances, medical records, diagnosis, and related injuries to determine whether the evidence supports further action.

Speak with our San Francisco birth fracture attorney about your child’s diagnosis and delivery. Call (415) 630-2913 or reach out online to request a consultation.

When Delivery Circumstances Call for Closer Review

Further investigation may be appropriate when an injury follows shoulder dystocia, an assisted delivery, substantial traction, emergency maneuvers, or a delayed diagnosis. Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. It’s an emergency, but it doesn’t establish improper care on its own.

A Registered Nurse leads our intake process and reviews the initial medical history and injury information. We accept a limited number of cases so we can devote substantial attention and resources to each one.

An investigation may consider:

Prenatal information about fetal size, position, and known delivery risks
Labor progression and documentation of a difficult or prolonged delivery
The maneuvers, traction, forceps, or vacuum extraction used during birth
Newborn examinations, diagnostic imaging, and follow-up treatment
Persistent weakness or signs of a related brachial plexus injury, which affects the nerves controlling the shoulder, arm, and hand

Recognizing & Diagnosing a Newborn Fracture

A newborn clavicle fracture can be difficult to identify during the first examination. Parents may later notice that the baby holds one arm still, has an uneven-looking shoulder, or develops a firm healing lump near the collarbone. A treating clinician may use an X-ray or ultrasound to confirm the injury.

Many clavicle fractures heal quickly with appropriate medical supervision. Severe displacement, persistent weakness, limited movement, or an accompanying nerve injury may require broader evaluation and affect the child’s medical outlook. Parents should follow the treating clinician’s instructions and seek care for new or concerning symptoms.

Delivery Events That May Require Investigation

No single event proves malpractice. The key questions are whether the providers met the applicable standard of care and whether a departure from that standard caused or worsened the child’s injury.

Our review may address fetal size and position, shoulder dystocia management, prolonged labor, operative vaginal delivery, emergency maneuvers, and the amount of traction used. The timing of the diagnosis may also matter if delayed recognition caused additional harm or postponed necessary treatment.

More Than $200 Million Recovered for Injured Clients

Our record includes a $17 million birth injury settlement secured in 2019 for brain damage following a failure to treat an infection during pregnancy. That case didn’t involve a fracture, but it reflects our capacity to investigate and litigate medically complex birth injury claims.

Erik L. Peterson has been selected to Super Lawyers® continuously since 2006, included in The Best Lawyers in America©, recognized by The National Trial Lawyers: Top 100, and invited as a Senior Fellow of the Litigation Counsel of America. Fewer than one-half of one percent of U.S. attorneys hold Senior Fellow status.

$3.75 Million Anesthesia Error
$6.25 Million Anoxic Brain Injury, Anesthesia Error
$17 Million Birth Injury Settlement

See More Wins

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I can’t say enough about Erik Peterson of Peterson Injury Law. He represented my brother and me in a wrongful death case involving my Mom, and we couldn’t have asked for a more compassionate and professional attorney. Losing my Mom was incredibly difficult, and going through a lengthy legal process made it even harder. Erik kept us informed every step of the way, explained everything in detail, and always gave us choices. We had endless questions, and he never once made us feel like we were bothering him. He understood that this wasn’t just a case to us – it was our Mom, and he genuinely seemed to care about what our family was going through.
One thing that made the whole process easier was that we never had to travel to an office. Everything was handled through Zoom, which was incredibly convenient, and we always felt connected and informed. His paralegal, Kate, was also wonderful – helpful, responsive, and always so pleasant to work with.

Other attorneys had turned us down, so we feel incredibly fortunate that Erik took our case. He worked on a contingency basis, and even reduced his fee, which meant a great deal to us. We ultimately settled out of court for more than I expected.

While no amount of money can bring my Mom back, I will always be grateful for the way Erik handled our case and treated our family. My brother and I are truly thankful for everything he did for us. I would wholeheartedly recommend Erik Peterson to anyone looking for an attorney who is knowledgeable, professional, compassionate, and genuinely cares about his clients.
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“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”

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He was always truthful and honest but also caring.
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Thank you Erik for winning our case!
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Erik Peterson handled my case with care and compassion.
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- Kristy N.

How We Evaluate a Possible Birth Fracture Claim

We begin with a detailed conversation about the pregnancy, labor, delivery, diagnosis, and your child’s current condition. The Registered Nurse leading our intake process assesses the medical history and identifies records that may be important to our review.

Relevant materials may include fetal monitoring records, nursing notes, delivery-room documentation, newborn examinations, imaging, discharge papers, and later treatment records. We evaluate the fracture separately from related nerve damage, diagnostic delays, and ongoing medical needs rather than treating every complication as one injury.

If we accept the case, our work may include:

Investigating the delivery timeline and medical decision-making
Assessing potential responsibility involving providers, hospitals, or other healthcare organizations
Handling discovery, depositions, mediation, and settlement discussions
Preparing the medical evidence and legal arguments for trial when necessary
Addressing Kaiser arbitration procedures when they apply

California Medical Malpractice Requirements & Deadlines

A California medical malpractice claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care and that the failure caused the fracture, worsened it, or produced additional harm. Medical records and testimony from qualified medical professionals often play central roles in establishing these elements.

California law generally requires a party intending to file a professional negligence action against a healthcare provider to give written notice at least 90 days before filing suit. Deadlines may also depend on when the injury occurred or was discovered, the child’s age, and whether an exception applies. Families shouldn’t assume that a child’s young age or a delayed diagnosis automatically keeps a claim timely. The deadline requires a fact-specific legal review.

Potential Compensation for a Newborn Fracture

Recoverable damages may include past and future medical expenses, rehabilitation, treatment for related nerve injuries, pain and suffering where permitted, and other losses allowed by law. A claim’s potential value depends on the liability evidence, medical causation, severity and duration of the injury, documented treatment, and anticipated future medical needs. California law may limit or otherwise affect damages in medical malpractice cases, and no recovery can be promised.

WE'RE HERE FOR YOU

Get Clarity About Your Child’s Birth Fracture

We discuss the delivery, diagnosis, and signs that caused you to question your child’s care. Discharge papers, imaging results, treatment records, and a written timeline of the delivery and symptoms can help us identify what may require further review.

Drawing on more than 30 years of complex litigation experience, we can explain the relevant evidence, potential deadlines, risks, and practical next steps. A consultation doesn’t establish that malpractice occurred. Our contingency model means clients don’t pay legal fees upfront, and our fees are contingent on a recovery.

Call (415) 630-2913 or reach out online to speak with our birth fracture lawyer serving San Francisco.

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