Forceps Injuries
Forceps are a tool used in assisted vaginal deliveries. When labor isn’t progressing or the baby is in distress, a doctor might use forceps to guide the baby through the birth canal. While this tool can help prevent a C-section or speed up a difficult delivery, improper use can cause serious birth injuries.
If your child was hurt during delivery due to forceps misuse, you may have a medical malpractice claim. Understanding how these injuries occur and what legal options are available is the first step toward achieving justice.
When Are Forceps Used?
Forceps look like large, curved tongs. They are inserted into the vagina and placed around the baby’s head to help guide the baby out.
Doctors may use forceps when:
- Labor has stalled or isn’t progressing
- The baby is showing signs of distress
- The mother is too exhausted to continue pushing
- There is a medical condition that makes continued labor risky
Forceps deliveries are less favorable now because of the potential for birth injuries and the availability of alternatives. But sometimes, forceps are a safer alternative to surgery as long as they are used correctly and under the right conditions.
Forceps Injuries to Newborns
While some babies are born with minor bruises or swelling that heal quickly, forceps can cause much more serious harm if misused.
Potential injuries include:
- Facial nerve damage: Pressure from the forceps can damage the facial nerves, causing weakness or paralysis.
- Skull fractures: Misplacement or too much force can break the baby’s skull.
- Bleeding in the brain: Also called an intracranial hemorrhage, this can lead to permanent brain damage.
- Seizures: Head trauma may cause seizures shortly after birth.
- Eye trauma: Pressure on the baby’s face can damage the eyes.
- Brachial plexus injuries: Stretching or tearing nerves near the shoulder can affect arm movement.
Some injuries heal with time and therapy. Others may cause lifelong disabilities that require ongoing care.
Forceps Injuries to Mothers
The child isn’t the only one at risk.
Forceps deliveries can also cause injuries to the mother, such as:
- Vaginal or perineal tears: These can range from mild to severe, sometimes requiring surgery.
- Urinary or fecal incontinence: Nerve or muscle damage may make it hard to control bodily functions.
- Pelvic organ prolapse: Organs may shift from their normal positions.
- Infections: Any tearing or internal damage increases the risk of infection.
Doctors must weigh these risks before deciding to use forceps.
Are Forceps Injuries Considered Medical Malpractice?
Not every injury constitutes malpractice.
However, a doctor may be liable for negligently causing a forceps injury if they:
- Used forceps when they were not medically necessary
- Failed to warn the patient of the risks
- Applied too much force or used the tool incorrectly
- Failed to monitor the baby’s condition
- Didn’t act fast enough to prevent harm
Medical professionals are expected to follow the standard of care. If they fall short and your child is hurt, they may be liable for the resulting harm.
Proving Negligence in a Forceps Birth Injury Case
To hold a provider accountable for a forceps-related birth injury, your Denver medical malpractice lawyer must prove that the birth injury resulted when the medical team deviated from the accepted standard of care.
This requires demonstrating the following elements:
- Duty of care: The doctor had a responsibility to treat you and your child with appropriate care.
- Breach of duty: The doctor failed to follow accepted medical standards.
- Causation: This failure directly caused the injury.
- Damages: The injury resulted in physical, emotional, or financial harm.
These cases often require expert testimony from medical professionals who can explain what went wrong and how it could have been avoided.
What Compensation Can Victims of a Forceps Injury Recover?
If you or your child suffered a forceps injury due to medical negligence, you may be entitled to economic and non-economic damages.
These can compensate for:
- Medical bills (past and future)
- Rehabilitation or physical therapy
- Pain and suffering
- Loss of enjoyment of life
- Special education or assistive devices
- In-home care or modifications to your home
In cases of severe disability, the cost of care can reach millions of dollars over a child’s lifetime. A successful claim can provide the financial support your family needs.
How Long Do I Have to File a Birth Injury Lawsuit in Colorado?
In Colorado, medical malpractice claims must usually be filed within two years of discovering the injury. However, for birth injuries, the timeline may be extended if the child’s injury was not immediately apparent. This is not always the case, however.
It’s always best to speak with a Denver personal injury lawyer as soon as possible. Delays can make it harder to gather evidence and protect your rights.
What Should You Do After a Forceps Injury?
If you believe a forceps injury could have been prevented, here’s what to do:
- Request your complete medical records
- Monitor your child’s health and developmental milestones
- Keep records of all medical treatments and expenses
- Get a second opinion from a pediatric specialist if needed
- Contact a birth injury lawyer to evaluate your legal options
A Denver medical malpractice attorney can help investigate what happened and determine whether you have a case.
Contact Zaner Law Personal Injury Lawyers Today for a Free Consultation With Our Denver Birth Injury Attorneys
Forceps should only be used in limited circumstances and with great care. When doctors misuse this tool, the results can be devastating. If you or your child was harmed during delivery in Denver, you deserve answers.
Call Zaner Law Personal Injury Lawyers today at (720) 613-9706 to schedule a free consultation. Our Denver birth injury lawyers can review the details of your case and guide you and your family through the legal process.
