Forceps-assisted delivery is often used during childbirth to help guide a baby through the birth canal, especially when complications arise during labor. When applied correctly, forceps use can prevent fetal distress and avoid emergency interventions. However, when forceps are used improperly, the consequences can be devastating. Birth injuries caused by forceps misuse often raise serious questions of medical negligence (carelessness) and may form the basis of medical malpractice claims.
Forceps are metal instruments shaped to fit around a baby’s head during vaginal delivery. The devices tend to be used in specific scenarios such as prolonged labor, fetal distress or maternal exhaustion. Before forceps are applied, strict clinical conditions must be met including proper fetal positioning, full cervical dilation and an assessment that vaginal delivery is safe.
Improper use of forceps can result from several factors including, but not limited to, inadequate training, poor judgment or failure to recognize when forceps use can be harmful. Common errors include incorrect placement of the forceps blades, use of excessive force or pulling, or continued forceps use despite signs of fetal or maternal distress. In some cases, a safer alternative such as vacuum extraction or cesarean section, should have been chosen. When providers persist with forceps delivery despite clear risks, there is an increased risk of birth injuries.
One of the most common injuries associated with forceps misuse involves trauma to the baby’s face and head. Improper placement can cause bruising, cuts or deep tissue damage. More serious outcomes include facial nerve palsy, which can result in partial paralysis affecting feeding, eye closure and facial symmetry. A number of these cases lead to permanent impairment or disability.
Forceps misuse may also cause skull fractures or intracranial bleeding. These injuries are particularly concerning because they can lead to long-term neurological conditions including seizures, cognitive impairment or cerebral palsy.
Excessive pressure or traction during forceps delivery can deprive the brain of oxygen or cause direct trauma. Brain injuries sustained at birth may not be immediately apparent but can surface as developmental delays months or years later. Children affected by such injuries may require lifelong medical treatment, therapy and educational support. From a legal perspective, delayed diagnosis does not eliminate liability if the injury resulted from negligent (careless) forceps use during delivery.
Forceps applied too close to the eye sockets may cause eye injuries including corneal abrasions or retinal hemorrhages. In severe cases, vision loss may occur. Additionally, improper twisting or pulling of the baby’s head can injure the neck or spinal cord, potentially resulting in muscle weakness, reduced mobility or paralysis. These injuries often have permanent consequences and significantly impact the child’s quality of life.
In a medical malpractice claim involving forceps-related birth injuries, plaintiffs (injured party) generally must prove that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused the injury. Medical records, expert testimony and delivery room documentation play a critical role in establishing liability. Some of the important questions in such cases include whether forceps were medically indicated, whether they were applied correctly and whether the provider should have chosen an alternative method of delivery such as a cesarean section.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition, we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children, such as cerebral palsy or brain damage etc.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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