In a normal delivery, where there are no complications, the baby is delivered when the mother pushes the child through the birth canal. However, in some cases doctors may use birth-assistive tools such as forceps to deliver the baby. These cases are known as assisted delivery. When a doctor is not competent or uses these tools incorrectly or with too much force, there is the risk of serious birth injuries including nerve damage and brain trauma.
In such cases where the inappropriate or incompetent use of forceps during delivery results in life changing or permanent injuries for a child, the family may be able to file a medical malpractice lawsuit seeking compensation for their child’s injuries, damages and losses. Such a birth injury lawsuit can hold all the responsible parties here accountable for the pain and suffering that was caused due to their negligence (carelessness).
Why Forceps Are Used
Forceps are typically used when labor is stalled in the second stage or the pushing stage, when the pushing is not working. The instrument (forceps) cradles the baby’s head by using traction to bring him or her out. If the mother has a condition that makes pushing more stressful or dangerous or if the baby’s heart rate indicates distress, forceps may be used to limit stress on the mother and the baby. Some heart rate patterns may indicate that the baby is not getting enough oxygen in the birth canal.
When this happens, the medical team will want to get the baby out as soon as possible. Forceps delivery is an option that can help vaginal delivery happen before resorting to surgery. However, certain conditions must be met for a forceps delivery to be successful. For example, the baby must be at least halfway through the birth canal and the medical team must be able to tell what position he or she is in. If assisted vaginal delivery is not an option, or if it fails, your doctor may recommend a cesarean section (C-section).
What Are the Risks of a Forceps Delivery?
The risks of using forceps can be severe or life-threatening including brain damage and skull fractures. When forceps are not always successful in pulling out the child, doctors will have to perform an emergency C-section. Here are some of the risks posed by forceps deliveries:
• Wounds to the face or the head.
• Facial nerve palsy, which damage the nerves of the baby’s face and produce muscle weakness or drooping of the face.
• Skull fractures are also common because newborn skulls are soft and more prone to injury.
• Bleeding within the skull or brain are extremely serious consequences of forceps use.
• Severe brain trauma can result in seizures or even death.
• Applying too much pressure on the child’s shoulder or arm can result in brachial plexus palsy or Erb’s palsy, which can cause paralysis of the arm, which may be a permanent injury.
Forceps Delivery Lawsuits
While complications may occur during labor and delivery, decisions must be made to protect the life of the mother and the baby. If the baby is injured during a forceps assisted delivery, it may have been the result of negligence (carelessness) or wrongdoing on the part of the doctor or hospital staff. In such cases, the child’s parents can file a birth injury lawsuit against the at-fault parties.
When you file a medical malpractice lawsuit, you have the opportunity to recover past and future medical bills. For example, if a child suffers from severe brain damage because of a forceps delivery, they will need costly medical care and nursing care for the remainder of their lives. This is why it is imperative that you contact an experienced New York birth injury lawyer who will remain on your side, fight for your rights and help you recover maximum compensation for all your losses.
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. 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 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
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 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.
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