Chicago Forceps Delivery Injury Lawyer

Forceps delivery, a now uncommon obstetric procedure used to assist in the childbirth process, carries risks of injury to both mother and infant. If you or your baby is facing an injury after the use of forceps, working with a forceps injury lawyer is critical. 

Given the severity of these potential injuries, which, in one study, occurred to some degree in almost 25% of infants who were delivered using forceps, guidance from a law firm experienced in birth injury claims is essential. [1] 

This is the best way to ensure appropriate compensation is secured for medical costs, ongoing care needs, and emotional suffering. 

What Is Forceps Delivery?

A forceps delivery is an assisted childbirth procedure where a health care provider uses a medical tool that resembles large spoons or salad tongs to help guide the baby’s head out of the birth canal. 

This intervention is typically reserved for situations where labor isn’t progressing or if there’s an immediate need to deliver the baby due to distress, as it can sometimes lead to serious injuries to the baby’s head as well as brain damage if not done properly. 

Despite its potential effectiveness, forceps interventions carry significant risks and can lead to various and severe injuries if not performed with utmost precision and care.

Forceps Delivery Indications

While less common in modern obstetrics, the use of forceps may be considered by a medical professional under certain conditions to assist in the birthing process. Indications for using forceps may include:

• Prolonged Second Stage of Labor: When the mother faces difficulties in pushing the baby out, often due to exhaustion or ineffective contractions, forceps may be used.
• Fetal Health Concerns: Forceps are considered if there are alarming changes in the fetal heart rate, suggesting the baby needs to be delivered promptly to receive necessary medical attention.
• Abnormal Baby Position: Forceps can help deliver babies who are in an unusual position, such as facing upward.
• Maternal Health Issues: In cases where the mother’s health requires faster delivery, like high blood pressure, for example, forceps can expedite the process.

It is essential to recognize that while the use of forceps can play a critical role in assisting childbirth, their application demands a high level of expertise to ensure the safety and well-being of both mother and child. 

The Risks and Consequences of Forceps Delivery

While the use of forceps can be invaluable in certain deliveries, it’s important for expecting parents to be aware of the potential risks and consequences associated with their use. Some common injuries include:

• Facial Injuries to the Baby: The pressure from forceps can sometimes cause temporary or, less commonly, permanent facial injuries to the baby.
• Skull Fractures: Though uncommon, the force exerted on the baby’s head by the use of forceps can result in skull fractures, which might lead to more serious conditions.
• Nerve Damage: The use of forceps might damage the nerves in the baby’s face, potentially causing weakness or paralysis in facial muscles. It could also lead to damage in the baby’s arm, like Erb’s palsy.
• Brain Damage: In severe cases, the pressure and manipulation involved in a delivery using forceps can lead to severe brain damage/brain injury, like cerebral palsy. Learn more about cerebral palsy and its implications by reaching out to our cerebral palsy lawyers today.
• Maternal Injuries: Mothers can also suffer from serious injuries due to forceps delivery, including tears, wounds, or severe blood loss.
• Infections: Following a forceps delivery, both mother and child are at a higher risk of infection. Conditions such as meningitis in infants can occur. Contact our meningitis injury lawyers for help. 
• Jaundice in Newborns: There’s an increased risk of jaundice in babies delivered with the assistance of forceps. Contact our newborn jaundice lawyers today for help.

Can You Sue for the Use of Forceps During Delivery?

Yes, if the use of forceps during delivery resulted in injury to either or both the mother and child and it can be shown that the medical professionals involved acted negligently in using them, a lawsuit for medical malpractice may be pursued. 

To establish a successful case, Chicago medical malpractice lawyers aim to prove the following elements:

• Duty of Care: You must show that the healthcare provider owed you and your child a duty of care, which is done by showing a doctor-patient relationship existed. This is typically the easiest element of liability to establish. 
• Breach of Duty: It must be demonstrated that the medical professional deviated from what is recognized as the standard medical conduct when they used forceps, whether through improper technique or an unjustified application.
• Causation: You must link any injuries to you or your child directly to the healthcare provider’s departure from standard care during the delivery process. This typically requires testimony from medical experts to clarify how the procedure should have been properly performed and how those standards were not met in your case.
• Damages: Real and quantifiable losses like physical injuries, additional medical treatment expenses, and any sustained emotional trauma are a crucial part of your birth injury claim. You must clearly illustrate that these losses came about as a direct result of negligent forceps use during delivery. 

Establishing Liability for Forceps Birth Injury Cases

In forceps injury cases, responsibility is established by clearly proving that the medical professional was negligent and their actions fell below the accepted standard of care, resulting in harm. Some of the most common parties that could be liable include the following:

• Medical Professionals: Doctors, nurses, or midwives can be held liable if they do not use forceps correctly or fail to monitor the baby and mother adequately before, during, and after delivery. For example, using excessive force on the baby’s head or neglecting to switch to a cesarean section when a baby is in distress could constitute negligence.
• Hospitals: The facility where the birth took place can be held responsible if the injury resulted from systemic issues, such as inadequate training of staff, lack of proper equipment, or insufficient protocols for handling complicated deliveries.
• Medical Device Manufacturers: If the forceps were defective or improperly designed, causing injury, the manufacturer of the medical device might be liable. This could involve cases where the forceps broke during delivery.
• Medical Staffing Agencies: Agencies that supply medical personnel to hospitals could be held liable if they provide inadequately trained or inexperienced staff who contribute to the mishandling of forceps delivery. 

Damages You Can Recover for Forceps Injuries

Birth injury victims of forceps injuries, and their families, can seek compensation for several types of damages. These often include:

• Medical Bills: Costs for current and future medical treatment related to the injuries. They can cover everything from hospital stays, surgeries, and medications to long-term therapies and rehabilitation.
• Pain and Suffering: Compensation for the physical pain and emotional distress suffered by the child and their family. This takes into account the severity and permanence of the injuries caused by the medical professional.
• Lost Wages: Compensation can be awarded for lost wages and loss of earning capacity for parents who need to take time off work to care for their injured child.
• Punitive Damages: In cases of gross negligence or misconduct, punitive damages may be awarded as a means to punish the wrongdoer and deter similar actions in the future.
• Wrongful Death: In the tragic instances where forceps injuries lead to the loss of a child, our Chicago wrongful death attorneys can help families seek compensation for funeral and burial expenses, loss of love and companionship, and the immense emotional distress caused by the loss. 

Each case is unique, and the specific damages awarded will depend on the circumstances surrounding the injury. It is essential to consult with a qualified legal team who can guide you through the process and help maximize the compensation you receive. 

Why You Need a Chicago Forceps Birth Injury Attorney

Dealing with the aftermath of a forceps injury can be both emotionally and physically taxing. A qualified Chicago forceps injury lawyer is indispensable to ensure that you are justly compensated for any harm caused by medical negligence. 

At Rosenfeld Injury Lawyers, our dedicated team of Chicago birth injury lawyers combines expert knowledge with a compassionate approach, understanding how traumatic these situations can be.

If your child suffered from the negligence of a medical professional, here’s how we can help you and your family after the birth injuries occur:

• Statute of Limitations: We diligently track the statute of limitations for personal injury cases, providing peace of mind that your right to seek compensation is preserved.
• Evidence Collection: We can help by meticulously gathering all necessary medical records, witness accounts, and any additional supporting documentation. This comprehensive approach strengthens your case, setting a solid foundation for your medical malpractice claim.
• Consulting Experts: We collaborate with leading medical professionals who can attest to the specifics of the injury caused by the use of forceps, offering crucial insights into how negligence occurred and its repercussions on your child’s life.
• Calculating Compensation: Our team will evaluate not just immediate medical costs but also long-term care needs, pain and suffering, emotional distress, and any other relevant damages that occur after the birth injury occurs. This ensures that the compensation you seek truly reflects the full spectrum of your and your child’s suffering and needs
• Negotiating with Insurance Companies: Negotiations with insurance companies require a strong, experienced forceps trauma lawyer. We will leverage our expertise to negotiate assertively with insurers, advocating for a settlement that accurately represents the hardship and loss experienced by your family.
• Trial Representation: If your case proceeds to trial, our experience and skill is unparalleled. We can help by preparing a compelling and persuasive case and presenting it effectively in court to secure the justice and compensation your family deserves.

Contact Our Chicago Forceps Injury Lawyers Today!

If you believe that your child’s birth injury was the result of forceps delivery or you’ve experienced maternal injury or trauma as a result, do not hesitate to take action. Contact a forceps injury lawyer from our team to secure comprehensive legal support in investigating and pursuing your case. At Rosenfeld Injury Lawyers, we are committed to advocating on behalf of families affected by forceps injuries and will strive tirelessly for the justice and compensation you deserve. 

Schedule your free case evaluation today to discuss how we can help secure a favorable outcome for you and your family. Call us at (888) 424-5757 or reach out online to schedule your first meeting.

Specific Cases We Handle

• HELLP Syndrome
• Placental Abruption
• Erb’s Palsy
• Face Presentation Birth Injuries
• Hypoxic Ischemic Encephalopathy

We also serve clients from Buffalo Grove, Champaign, Naperville, Schaumburg  and throughout Illinois.

Resources: [1] NIH