If your newborn sustained injuries caused by improper technique or other negligence during a forceps delivery, you may be eligible to pursue compensation in a medical malpractice birth injury case. Even when used correctly, forceps put an infant at an increased risk of injury. When the doctor or other medical professional uses this tool carelessly or negligently, the results can be devastating.
If your child suffered injuries related to a forceps delivery, a forceps delivery injury lawyer from Newsome Melton will review your case for free. We may be able to recover compensation for your family’s related damages.
Call (855) 633-2757 today to learn more.
Forceps Deliveries Require Strict Protocols
A forceps delivery occurs when the baby becomes stuck in the vaginal canal, or there is another problem that requires assisted vaginal delivery. Forceps allow the doctor to grip the baby’s head. By applying this tool to the infant’s head, the doctor can apply slight tugging pressure and help guide the baby out.
When medical care professionals use forceps, vacuum delivery devices, or other assisted delivery tools, he or she must follow strict rules and protocols. There are best practices for when to use these tools, when not to use the tools, how to use the tools, and a number of techniques for use depending on the situation. Failure to follow these protocols increases the risk of injury to mother and baby.
Risks to the mother during a forceps delivery include:
- Tears and lacerations in the vagina, perineum, and other areas
- Urethra injuries
- Injuries that lead to fecal and/or urinary incontinence
Risks to the infant are more serious, sometimes causing lifelong medical conditions and impairments. These risks include:
- Cuts and scrapes to the face and head
- Bruising and swelling of the face and head
- Eye injuries
- Facial palsy
- Brachial plexus injuries, including Erb’s palsy
- Skull fractures, sometimes serious
- Traumatic brain injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
If your child was delivered with the help of forceps but sustained a serious birth injury, you may be eligible to pursue compensation by holding the doctor or hospital liable. Let a forceps delivery injury lawyer from Newsome Melton review your case and explain your legal options. Call (855) 633-2757 today to get started.
At Newsome Melton, our birth injury medical malpractice lawyers can help you build a compelling case and take legal action if you qualify to do so. We know what it takes to prove a medical malpractice case, even though the laws outlining these cases are often complex.
We understand the role of medical expert witnesses required in many states. We can identify a qualified professional and work with him or her to:
- Review the facts of your case.
- Discuss the applicable standard of care in a case like yours.
- Learn if the doctor or other care providers deviated from this standard of care.
- Link your child’s injuries to the medical negligence that occurred.
- Get a better understanding of your child’s injuries and prognosis.
Depending on the laws in your state, we may need to take a deposition or get the medical expert witness to write a report and sign an affidavit affirming malpractice occurred. We will take care of this process and gather any additional evidence to prove your case. We will also document your related losses and expenses so we understand how much your case might be worth.
Call (855) 633-2757 today and let a member of our forceps delivery injury team evaluate the strength of your case today.
Potential Recoverable Damages in a Forceps Delivery Injury Lawsuit
When we pursue compensation for our clients through an out-of-court settlement or a court trial, we strive to recover a payout for the losses and expenses the family suffered as a result of the malpractice. The damages and the value vary in each case but are sometimes more significant than the families realize.
Common damages include:
- Medical care costs: the cost of the child’s related medical care, rehabilitation, and other care up to the current time.
- Future care costs: the projected future costs of medical care and ongoing support related to the child’s injuries.
- Out-of-pocket expenses: payments the family made and losses suffered as a result of the injuries and the child’s treatment.
- Pain and suffering: compensation for the child’s physical pain and emotional suffering endured as a result of his or her injury.
In the event an infant passes away as a result of a forceps injury, the family may be able to pursue wrongful death damages in their birth injury case. One of our forceps delivery injury lawyers can review your case and help you understand the types of damages you may be eligible to recover.
Each State Has a Statute of Limitations and Other Deadlines
We recommend reaching out to our team as soon as possible following your infant’s injury. Each state has one or more deadlines that apply, and it can be difficult to know exactly how long you have to take legal action. Applicable regulations may include:
- A statute of limitations that sets a general deadline.
- A statute of repose that sets a final deadline.
- Rules for tolling these statutes when the victim is an infant or a minor.
We need to ensure we meet the deadlines in your state, or you could lose the right to file a lawsuit. Reach out to us today and let us determine the timeline that applies to your case.
Talk to a Forceps Delivery Injury Lawyer About Your Birth Injury Case
If your child sustained injuries because of preventable issues during a forceps delivery, the facts of your case may support a medical malpractice claim. A medical malpractice birth injury attorney from Newsome Melton can help you understand your rights and the next steps toward pursuing compensation.
Call (855) 633-2757 today for your complimentary case review with one of our attorneys.