The labor and delivery process can be difficult for some mothers. Complications during delivery could result in the need for doctors to take certain actions. Using forceps may be necessary in some situations. Unfortunately, forceps injuries can result in long-term impairments and disabilities for the infant.
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Why Do Doctors Use Forceps During Labor and Delivery?
Forceps are large clamps used to help move an infant through the birth canal during labor and delivery. The clamps are placed on each side of the baby’s head. Doctors may decide to use forceps because:
- The mother has been pushing for several hours, and the baby is not moving down the birth canal
- The baby must be delivered immediately because there are signs of distress
- There is a medical condition that makes continuing labor dangerous for the mother and/or baby
- To move the baby into a better position for delivery
Generally, physicians do not use forceps unless it is absolutely necessary for the safety of the mother and the infant. When using forceps does not work or is not advisable, the doctor may order an emergency C-section to deliver the baby.
Are There Risks of Using Forceps for the Mother or the Baby?
Using forceps can pose significant risks for the mother and the baby. Complications and forceps injuries include:
- Marks, bumps, and bruises on the infant’s head
- Severe tearing for the mother
- The infant may sustain lacerations and cuts from the forceps
- It could take longer for the mother to heal after delivery
- The baby’s head may develop cone-shaped swelling
- The mother may experience bowel and urinary problems after delivery
- The baby may have broken bones and skull fractures
- There could be bleeding in the infant’s brain
- The pressure caused by the forceps could cause nerve damage to the infant
The placement of the forceps could increase the risk of injuries. Placing the forceps in the wrong position or using too much pressure could cause severe harm. Likewise, if the doctor uses forceps during the wrong stage of labor and delivery, it could increase the risk of forceps injuries.
What Types of Forceps Injuries Do Babies Sustain?
A forceps injury can cause several conditions. Forceps injuries include, but are not limited to:
- Cerebral palsy
- Brain damage
- Disfigurement
- Facial palsy
- Seizures
- Shoulder Dystocia
- Spinal cord injury
Forceps injuries can cause life-long impairments and disabilities. An infant may experience developmental, cognitive, and physical impairments. The child may need long-term personal care, medical treatment, and rehabilitative therapies.
Forceps should only be used when the circumstances support the use of the instrument. Doctors and medical providers can be liable for damages if their behavior was negligent or inappropriate.
What Damages Can I Receive for a Forceps Injury Claim in Miami, FL?
Forceps injuries can cause economic damages (financial losses) and non-economic damages (pain and suffering) for the mother and the infant. You can seek compensation for all damages caused by forceps injuries, including:
- The cost of past and future medical care for you and your child
- The cost of rehabilitation therapies for your child, including physical and occupational therapy
- Out-of-pocket expenses, including travel costs to and from medical appointments
- A child’s decreased earning capacity caused by permanent impairments
- Your loss of income and wages for missed work because you need to care for your child
- The child’s diminished quality of life and loss of enjoyment of life caused by forceps injuries
- The cost of personal care, education, and medical treatment related to disabilities and impairments
- The scarring, disfigurement, impairments, and disabilities your child sustains because of the forceps injury
- The emotional, mental, and physical pain and suffering you and your child experience because of the forceps injury
The amount of the damages depends on the severity of the injury and other factors. A Miami birth injury lawyer can review your case and advise you of the damages you and your child may be entitled to receive by filing a medical malpractice claim.
What Do I Need To Prove for a Forceps Injury Claim in Miami, FL?
Injuries caused by the negligent use of forceps during labor and delivery could be the basis for a medical malpractice claim. Physicians and other medical providers can be held financially liable when their negligence causes a patient to suffer injuries and harm.
To win a forceps injury claim, you must prove the elements of a medical malpractice claim. Those elements are:
- A legal duty of care exists because of the patient-doctor relationship
- The physician breached the duty of care
- The breach of care was a direct and proximate cause of the forceps injuries
- You and/or your infant sustained harm and damages because of the doctor’s breach of duty
Breach of duty is based on the prevailing standard of care required for a situation. Florida Statute §766.102 defines the prevailing standard of care as the level of treatment, skill, and care that is recognized as acceptable and proper by reasonably prudent similar medical providers, given all relevant circumstances.
Proving the standard of care required during labor and delivery requires expert witnesses. A medical expert reviews your medical records and the facts of the case to issue an opinion explaining the level of care required and whether your doctor breached the standard of care.
You must consult a medical expert because the law requires that you certify you completed a reasonable investigation and have a good faith belief that your doctor committed malpractice.
What Should I Do if My Infant Sustained Forceps Injuries in Florida?
If you suspect that your infant sustained forceps injuries during labor and delivery, seek medical treatment from another provider at once. Request copies of all medical records as soon as possible, including all documentation related to the forceps procedure.
Contact a Miami medical malpractice lawyer now. It takes time to investigate a birth injury claim and gather evidence to file a medical malpractice lawsuit. The Florida statute of limitations for most medical malpractice lawsuits is two years. Birth injury lawsuits filed on behalf of a child must be filed before the child’s 8th birthday.
There are exceptions only for rare cases, which is another reason why it’s best to contact a lawyer as soon as you can.
Contact a Miami Birth Injury Lawyer for More Information
Incidents at birth are traumatic for the parents and the infant. Dealing with the consequences of forceps injuries can be overwhelming. We are here to help with the legal aspects. Call our office today for a free consultation with one of our Miami medical malpractice lawyers to discuss your legal options for seeking justice for your child.