Instruments such as forceps and vacuum extractors in the hands of experienced
and competent medical professionals have the potential to save lives, especially during difficult deliveries. While forceps are vital birth-assistive tools, they can also put the baby at risk for several birth injuries that may result in lifelong disabilities. In some cases, forceps deliveries can also result in irreversible brain injuries and severe trauma.
The use of forceps has considerably declined recently because of the prevalence of cesarean sections (C-sections), which are much safer than they used to be. Doctors today are also much more aware of the risks posed by forceps use during birth. Potential risks to children include facial injuries and weakness, skull fractures and bleeding. Since forceps grasp the side of the head, around the baby’s ears, it can cause serious and long-term damage. Forceps may also break the baby’s clavicle, injure his or her facial nerves and increase the risk of infection.
As New York medical malpractice attorneys, we have routinely seen cases where the doctor or medical provider who delivered the baby was incompetent and/or medically negligent (careless) while using forceps, resulting in injuries to the newborn. A successful birth injury lawsuit can help hold the responsible parties accountable.
What Are Forceps and How Are They Used?
Forceps are smooth metal instruments that look like large tongs. They are curved to fit around a baby’s head. During a difficult delivery when the baby is stuck in the birth canal and needs to be extricated, the doctor may choose to use forceps and position it around the baby’s head. The doctor then pulls with the forceps to help free the baby at the time of the mother’s contraction and pushing.
Forceps are also often used when the mother is advised not to push because of an underlying health condition such as high blood pressure. Forceps may be used in the following situations:
• There are concerns about the child’s heart rate
• The baby is in an awkward position that is not conducive to birth
• The child is showing signs of distress
• The baby is premature and being delivered vaginally
• The labor is not progressing
What Are the Risks of Forceps Deliveries?
There are some risks associated with forceps deliveries not just for the baby, but also the mother. Proper placement of the forceps is absolutely crucial. An incorrect placement or error while moving the baby’s soft head may result in lifelong injuries and disabilities. Improper use of forceps can lead to a number of injuries including, but not limited to:
• Cerebral palsy
• Erb’s palsy (Brachial plexus palsy)
• Skull fractures
• Bleeding in the brain
• Seizures
• Lack of oxygen
• Facial injuries
• Facial paralysis due to nerve damage
• Eye trauma
• Disfigurement
When Should Forceps Delivery Be Avoided?
Forceps should not be used if the baby has not descended far enough into the birth canal. If the size of the mother’s pelvis makes delivery difficult, a C-section must be advised over pulling the child out with forceps. The excessive force used on a child with forceps may potentially cause irreparable damage.
As stated, there is a great risk of serious and permanent birth injuries occurring with forceps delivery. Excess pressure from the forceps on the child’s head causes brain damage, which leads to cerebral palsy — often a disability that is permanent. Another common injury is shoulder dystocia, which is when the baby’s shoulders get stuck in the mother’s pelvic region. Forceps in these situations may cause broken bones, facial injuries and Erb’s palsy (brachial plexus palsy), which is when the nerves of the shoulder and arms are injured. This may lead to paralysis of the affected arm.
Contacting an Experienced Lawyer
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. 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 many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital 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
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