in Birth Injury, Brain Injury

Your Rights After a Birth Injury Due to Misuse of Birthing Tools

by Raynes & Lawn
child who suffered from forceps injury during birth with father

The birth of a child should be a joyous occasion, but sadly, sometimes medical negligence leads to serious birth injuries. One common cause of preventable birth trauma is the misuse of forceps or vacuum extractors during delivery. If your baby suffered a brain injury, cerebral palsy, or other harm due to improper use of birthing tools, you may have grounds for a medical malpractice lawsuit. As a Philadelphia forceps injury attorney, I can help you understand your legal rights and options.

Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth and brain injury cases. Our talented and dedicated attorneys can give you personalized and strategic attention. Call our offices today at 1-800-535-1797 for your free consultation. 

Understanding Forceps and Vacuum Extractor Injuries

Forceps and vacuum extractors are instruments sometimes used to assist in vaginal deliveries. While they can be helpful tools when used properly, misuse of forceps and vacuum extractors can lead to severe injuries to the baby, especially to the head and brain. Improper placement or too much force can cause skull fractures, brain bleeds, cerebral palsy, and other neurological damage. Physicians must be highly skilled in using these tools and know when it is unsafe to do so.

Some common injuries caused by misuse of birth-assisting tools include:

  • Cerebral palsy 

  • Brachial plexus injuries (Erb’s palsy)

  • Skull fractures

  • Intracranial hemorrhage (brain bleeds)

  • Facial nerve damage

  • Spinal cord injuries

Proving Medical Malpractice in a Forceps Injury Case

To have a valid medical malpractice claim, as a cerebral palsy lawyer in Pennsylvania would advise, you must generally prove the following:

  1. The medical professionals had a duty of care to you and your baby 

  2. They breached that duty by acting negligently in using forceps or a vacuum extractor

  3. Their negligence caused harm and damage to your child

Birthing tool malpractice may involve errors like using excessive force, improperly placing the forceps or vacuum, continuing to use the tools when it was no longer safe to do so, or using them on a baby who was too large to safely deliver vaginally. An experienced cerebral palsy attorney in Philly can investigate your child’s delivery circumstances to determine if malpractice occurred.

Steps to Take If You Suspect Your Baby’s Injury Was Due to Forceps or Vacuum Misuse

1. Seek Immediate Medical Care For Your Baby. 

Your child’s health and well-being are the top priority. Follow up with professionals as needed to diagnose, treat, and manage any birth injuries or disabilities. 

2. Obtain All Medical Records For Prenatal Care, Labor, And Delivery.

 Once your baby is stable, start gathering documentation of what happened. Request copies of all prenatal, labor and delivery, and postnatal medical records. These provide crucial evidence for any legal case.

3. Document Your Experience And Damages. 

Keep notes about your recollections of what happened during birth, including any concerns you expressed that may have been dismissed. Track all medical care your child needs and other expenses and impacts on your family. This helps show the full extent of harm and damage.

4. Consult With An Experienced Birth Injury Malpractice Attorney. 

Medical malpractice cases, especially those involving complex birth injuries, require skilled legal experience. Look for a traumatic birth injury attorney with a proven track record in these cases. An initial consultation is typically free and can help you determine whether you have a case worth pursuing.

5. Adhere To All Statutory Deadlines. 

There are strict time limits for filing medical malpractice lawsuits. In Pennsylvania, minors usually have until their 20th birthday to file a lawsuit for injuries suffered at birth. However, it is advisable to take legal action much sooner while evidence is available. A forceps-related medical malpractice lawyer can ensure all deadlines are met.

Damages in a Forceps Injury Malpractice Case

If your child was harmed by the negligent use of forceps or a vacuum extractor, you may be entitled to compensation for damages such as:

  • Medical expenses (past and future)

  • Therapeutic and rehabilitative care  

  • Assistive devices and home modifications

  • Disability accommodations

  • Pain and suffering

  • Diminished quality of life

  • Lost future earnings 

  • Emotional distress

An experienced traumatic birth injury lawyer in Philadelphia can calculate the total value of your short-term and long-term damages. Your attorney will build a strong case and aggressively pursue maximum compensation through a settlement or court verdict.

Find Justice with a Top Philadelphia Forceps Injury Attorney

No family should have to endure the heartbreak of a severe birth injury due to medical negligence. If you suspect your child’s cerebral palsy or other injury was caused by improper use of forceps or a vacuum extractor, you deserve justice and fair compensation. The first step is consulting with a respected Philadelphia forceps injury attorney who can advise you of your rights and options.

At Raynes and Lawn, our compassionate traumatic birth injury attorneys have helped many families secure the financial recovery they need to face the challenges of raising a child with birth injuries. We have in-depth knowledge of the complex medical and legal issues involved in obstetrical malpractice cases. Let us put our skills to work for you and your child.

Take action today to protect your family’s rights after a devastating birth injury. Call 1-800-535-1797 or contact us online to discuss your forceps injury case for free. We handle birth injury claims contingently, so you pay no legal fees unless we win compensation.

Frequently Asked Questions

  1. What is the statute of limitations for suing a doctor in Philadelphia for forceps injuries?  

In Pennsylvania, the statute of limitations for most medical malpractice claims is two years from when the injury was discovered or reasonably should have been discovered. However, for birth injuries, a minor child has until their 20th birthday to file a birth injury claim. Consult a knowledgeable birth injury lawyer in Pennsylvania to understand the deadlines for your specific case.

  1. How much does it cost to hire a Philadelphia forceps injury attorney?

Most traumatic birth injury lawyers take cases on a contingency fee basis. This means you pay no upfront costs. The lawyer only gets paid if they secure a settlement or verdict for you. The fee is a percentage of the recovery. You can discuss the fee agreement during your free initial consultation with a cerebral palsy attorney in Philly.

  1. What is the average settlement for a forceps delivery complications lawsuit?

Settlement amounts in forceps birth injury cases vary widely depending on the severity of the child’s injuries and disability, the strength of the evidence of malpractice, and the specific damages suffered. An experienced traumatic birth injury lawyer in Philadelphia can give you a ballpark of what your case may be worth. In general, forceps injury settlements and verdicts may range from hundreds of thousands to millions of dollars.

  1. Will I have to go to court for a forceps-related medical malpractice lawsuit?

Most medical malpractice cases settle out of court. However, suppose the defendants do not agree to a fair settlement; your traumatic birth injury attorney may advise taking the case to trial. In that case, hiring a lawyer with a strong track record of success in negotiations and litigation is essential. 

  1. How long does a cerebral palsy lawsuit take in Pennsylvania?

The timeline for a birth injury lawsuit varies, but these cases may take 2-3 years or longer to resolve. More complex cases involving multiple defendants or appeals can drag on for many years. An experienced cerebral palsy lawyer will work to resolve your case as efficiently as possible while still fighting for maximum compensation for your child’s injuries. Patience is vital when seeking justice in these cases.

Work with a Pennsylvania Forceps Injury Lawyer 

Don’t hesitate to contact our talented and knowledgeable brain and birth injury lawyers at Raynes & Lawn Trial Lawyers to protect your rights and your child’s future. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today at 1(800) 535-1797 for more information.