When labor doesn’t go as planned, a doctor may decide to use instruments to assist with the delivery. Forceps, a tool resembling large metal tongs, have been used for centuries to help guide a baby through the birth canal. While they can be a life-saving intervention in capable hands, their misuse can lead to a devastating and permanent forceps injury.
Discovering that your newborn has been harmed during what should have been a joyous moment is a parent’s worst nightmare. You are likely overwhelmed with fear, confusion, and questions about what went wrong. At CP Family Help, we understand the trauma your family is facing. We want to empower you with clear, actionable information. Following these lawyer-approved steps can help you protect your child’s health while preserving your legal right to seek justice and compensation.
Understanding Forceps Delivery and When It Becomes Negligence
A forceps-assisted delivery is only appropriate in specific situations, such as when labor has stalled or when there are signs of fetal distress that require an expedited delivery. The medical professional must have the skill and judgment to use them correctly. The “standard of care” dictates exactly how and when this tool should be used.
Medical negligence, the basis for a birth injury lawsuit, occurs when a healthcare provider’s actions fall below this accepted standard of care, directly causing harm. For a forceps injury, this can include:
- Applying excessive force: Pulling too hard or too quickly, causing trauma to the baby’s head and neck.
- Incorrect placement: Clamping the forceps on the wrong part of the baby’s head, such as the face or soft spots.
- Improper rotation: Twisting the baby’s head in a way that damages nerves or the spinal cord.
- Using forceps when contraindicated: ACOG provides guidelines on when not to use forceps, such as when the baby’s head is too large for the mother’s pelvis or if the baby has a known bone disorder.
- Failing to abandon the procedure: If the forceps delivery is unsuccessful after a few attempts, a reasonably prudent doctor would abandon the procedure in favor of an emergency C-section.
If any of these failures occurred during your delivery, your child’s forceps injury may have been preventable.
The 6 Critical Steps to Follow After a Suspected Forceps Injury
Taking immediate and deliberate action is crucial. Here are the six steps our birth injury lawyers recommend to every family facing this situation.
Step 1: Prioritize Your Child’s Immediate Medical Care
Your child’s health is the absolute top priority. Follow all medical advice, attend every appointment, and do not hesitate to seek a second opinion from a specialist, such as a pediatric neurologist. Diligently document every symptom, diagnosis, and treatment your child receives. Ask doctors and nurses for clarification if you don’t understand something. This not only ensures your child gets the best care possible but also creates a detailed medical record that will serve as critical evidence later.
Step 2: Document Everything You Can Remember
Memories can fade quickly, especially after a traumatic event. As soon as you are able, write down everything you and your partner can remember about the labor and delivery. Be as detailed as possible. Key information includes:
- Who was in the delivery room?
- What did the doctors and nurses say about the baby’s condition?
- Were you informed of the risks of a forceps delivery?
- How many times did the doctor attempt to use the forceps?
- Did you hear any comments about the difficulty of the delivery?
Keep a running journal of your child’s condition, the challenges they face, and all related expenses, from medication costs to travel for appointments.
Step 3: Gather and Organize All Medical Records
You have a legal right to copies of your and your child’s medical records. Formally request these documents from the hospital and any other treating physicians. Important records include:
- All prenatal records for the mother.
- The complete labor and delivery records.
- Fetal heart monitoring strips.
- The baby’s pediatric records from birth onward.
These documents contain the clinical evidence needed to determine if the standard of care was breached.
Step 4: Refrain From Speaking With Hospital Risk Management or Insurance Adjusters
Shortly after a known birth injury, you may be contacted by the hospital’s risk management department or an insurance adjuster. It is vital to understand that these individuals are not on your side. Their job is to protect the hospital’s financial interests by minimizing or denying any claim. Politely decline to give any recorded statements or sign any documents until you have spoken with an attorney. Anything you say could be used against you to devalue your claim.
Step 5: Understand the Potential Long-Term Consequences
A serious forceps injury is not just a temporary bruise. It can lead to lifelong conditions that require extensive and costly care. Common injuries include:
- Skull fractures and cephalohematoma (bleeding under the scalp).
- Intracranial hemorrhage (brain bleeds) leading to permanent brain damage.
- Facial nerve palsy, causing facial drooping or paralysis.
- Brachial plexus injuries (like Erb’s Palsy) from nerve damage in the shoulder.
- Cerebral palsy, a permanent motor disability caused by brain damage.
Understanding the potential for future medical needs, therapies, and special education is essential for calculating the true cost of the injury.
Step 6: Contact an Experienced Birth Injury Attorney
This is the most important step you can take to secure your child’s future. A general practice lawyer will not have the specific knowledge required for these complex cases. A specialized birth injury attorney can:
- Conduct a free, no-obligation case review.
- Hire top-tier medical experts to analyze the records and prove negligence.
- Handle all communication with the hospital and their insurance company.
- Accurately calculate the full lifetime cost of your child’s injury.
- Fight for the maximum compensation your family deserves.
These attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case.
Frequently Asked Questions About Forceps Injury Claims
How can you prove a forceps injury was caused by a doctor’s mistake?
Proving a forceps injury case requires a two-part approach. First, your attorney will work with medical experts to review all medical records and establish the accepted “standard of care” for your specific situation. Second, they will demonstrate how the doctor’s actions deviated from that standard (e.g., using too much force) and how that deviation directly caused your child’s specific injuries.
What kind of compensation is available in a forceps injury case?
Compensation, or “damages,” is calculated to cover all past and future costs associated with the injury. This can include economic damages like medical bills, lost future wages for the child, and costs for therapy and special equipment. It also includes non-economic damages for the child’s pain, suffering, and loss of quality of life.
How long do I have to file a lawsuit?
Every state has a strict deadline for filing a lawsuit called the statute of limitations. For birth injuries, these laws are complex and can vary significantly. It is absolutely critical to speak with an attorney as soon as possible to understand the specific deadline in your state and ensure you do not lose your right to file a claim.
How CP Family Help Can Guide You
The aftermath of a forceps injury is a confusing and emotional time. You don’t have to navigate it alone. The legal team at CP Family Help is dedicated exclusively to helping families affected by preventable birth trauma. We take on the legal burden so you can focus on what matters most: your child.
We have the resources, experience, and compassion to stand up to major hospitals and insurance companies. Contact us today for a free, confidential consultation. Let us listen to your story and help you take the first step toward securing the justice and financial support your family deserves.
