Medical intervention during pregnancy and labour may be needed for some mothers and their babies and could involve a forceps delivery if medical staff identify that this is the safest course of action to prevent the risk of injury to the baby.
Hospital staff are trained in how to safely provide an assisted delivery using forceps to avoid harm to mother and baby.
When an assisted delivery using forceps may take place
A medical intervention is only usually progressed when patient safety could potentially be at risk otherwise.
Circumstances which may lead to the use of forceps to deliver a baby during the second stage of labour include:
- a prolonged labour
- signs that a baby is becoming distressed during their delivery
- the baby is in an awkward position
- concerns about a baby’s heart rate
- other underlying health condition
Medical intervention should only take place when the alternative poses a serious risk to mother and baby.
When forceps are used in a timely, and safe manner, mother and baby should leave a hospital healthy and well.
An assisted delivery with the use of forceps should be safe
A forceps delivery may be the recommended course of action to deliver a baby in a timely manner and to prevent harm.
In most instances, a forceps delivery is conducted safely with no lasting harm to a mother and baby.
For most families, the use of forceps during an assisted delivery occurs without incident and mother and baby leave hospital without injury.
The incorrect use of forceps can lead to a significant birth injury
Forceps delivery complications occur in a small number of cases with a risk of injury which can prove devastating for the families affected.
Sadly, in some cases, an issue arising during a forceps delivery may cause the baby to suffer oxygen deprivation.
This may be due to the incorrect use of forceps meaning that the baby is not delivered safely and a permanent injury occurs.
This could lead to a brain injury and long-term conditions such as cerebral palsy.
Skull fractures or a bleed can be suffered if too much force, or the inappropriate use of forceps, is applied around the baby’s head.
While perfectly safe if implemented correctly, forceps used during an assisted delivery can pose a serious risk to mother and baby when medical errors take place.
Medical negligence causing a permanent birth injury
Maternity staff should be sufficiently trained to safely deliver a baby when forceps are needed. Usually used during the second stage of labour, the use of forceps can increase the risk of injury if used incorrectly, or if excess force is applied.
Birth injuries caused by forceps to a baby’s head can result in brain damage with long term health issues such as cerebral palsy meaning that they will have lifelong complex physical and mental support needs.
Compensation is available when an assisted delivery causes preventable brain damage
A forceps delivery can result in temporary bruising, cuts, or other short-term injuries however, when a baby suffers brain damage leading to serious disabilities such as cerebral palsy, compensation is available.
Cerebral palsy affects each individual differently but is a complex condition affecting mobility and often also has associated difficulties.
These may include special learning needs, behavioural issues, seizures and problems with vision and hearing.
Caring for a child with cerebral palsy is demanding with a range of therapies, specialist equipment and round the clock care required.
Legal action following birth injuries caused by forceps
When a baby’s head is seriously injured during a vaginal birth and there are problems after forceps delivery, families can start a legal claim for compensation if they believe that it could have been prevented with better medical care.
Brain damage as a result of forceps delivery complications will mean that a child will have extensive care needs including multiple, and regular therapies.
A serious injury causing brain damage may mean that they require a wheelchair and other specialist equipment.
Adapted, or new accommodation, may be required to manage a child’s needs as a result of their birth injury.
Compensation after forceps delivery complications leading to permanent brain damage
A birth injuries claim can take several years to reach conclusion as proving that a birth injury was caused by the incorrect use of forceps is complex.
Interim payments can be secured for families to enable them to provide the best support for their child while they pursue a legal claim.
This is a key part of the process and considers the child’s immediate needs as they grow and develop.
The full scope of a child’s support needs cannot be identified often until they are at least four or five years old.
The legal process, if started when a child is younger than four or five, takes this into account with a full diagnosis awaited in order to calculate the cost of meeting their needs fully.
Legal investigations of a forceps delivery resulting in a serious incident
Specialist birth injuries law firms will forensically examine medical records to get to the truth of what happened to prove whether a baby’s head injury could have been avoided.
If it can be proved that a child has suffered brain damage because of an inappropriate forceps delivery, substantial birth injury compensation will be sought to support the child’s complex long term care needs.
This gives families peace of mind that a child’s full care needs can be met, and quality support can be provided for the rest of their lives.
Signs that a forceps delivery was not safe
Some parents will be aware almost immediately that an assisted delivery has not gone as planned. Some of the red flags that serious damage has impacted a baby’s head include being floppy at birth, having mottled skin, and a baby making grunting sounds.
In some cases, the evidence that something is not quite right, and may relate to a poorly managed forceps delivery, may not present until a child is older and when missed milestones, and other difficulties, become evident.
Reaching out to specialists who can advise if something is not as it should be, and identifying whether it could be that forceps delivery complications may have been to blame, helps to find answers.
Tracing a serious injury back to what happened to a baby during a pregnancy and their delivery is crucial to getting to the bottom of what really happened and whether compensation can be accessed.
Forceps deliveries compensation claims
When medical negligence is suspected to be behind a child’s birth injury a claim for compensation should be pursued.
Medical specialists are trained in how to safely conduct forceps deliveries and this type of assisted delivery should not cause permanent harm.
The incorrect use of forceps, or excessive force used during a forceps delivery, may have caused a period when a baby’s oxygen supply was temporarily cut off.
If it can be proved that a lack of oxygen caused by forceps occurred, a child with lifelong complex disabilities as a result of the preventable birth injury is entitled to significant compensation.
Taking legal steps following a damaging forceps delivery
The first step for families who suspect that a forceps delivery has significantly injured their baby is to approach the hospital responsible.
Medical staff have a duty of care and should instigate a Serious Incident Review to find out if better medical care could have prevented permanent damage to a baby’s head.
The purpose of these internal investigations is to both provide families with the answers they need and are entitled to, and to identify whether key learnings are needed to improve patient safety in future.
It is every family’s right to know what happened to their child and whether medical errors were the cause of brain damage.
What to expect from birth injuries lawyers
Solicitors who truly specialise in birth injuries, including when permanent damage to a baby’s head has been caused by forceps delivery, will look after a family from day one.
Empathetically listening to what happened, forensically investigating medical records, and securing interim payments during proceedings, is part of the service to make life a little easier.
Care should be taken to instruct lawyers with a long track record of winning complex birth injury claims.
Forceps can be used to safely help deliver a baby but can cause brain damage if medical negligence occurs.
For the relatively small number of families affected by these avoidable incidents, compensation is available to cover the extensive support needs of the child.
Proving that a forceps delivery led to birth injuries causing cerebral palsy
Birth injuries to a baby’s head can result in catastrophic disabilities including cerebral palsy, a lifelong condition that can affect up to all four limbs.
This type of claim is legally and medically complicated to prove. The NHS Trusts involved robustly defend allegations of medical negligence.
The legal route is not an easy one as the law currently places the burden of proof on families, however, instructing the right legal team should make the whole process less stressful.
The key to success in these types of claims is engaging a truly specialist team of birth injuries experts. 
Accessing birth injuries support after forceps delivery complications
When a forceps delivery has caused significant injuries to a baby’s head, it is essential to have the right care and support in place from the start of a child’s life.
A formal diagnosis is not required to start a birth injuries claim and it is advised that families start the process as soon as they suspect that medical negligence may have occurred.
A specialist cerebral palsy solicitor will help secure a sizeable interim payment ensuring that a family can provide the right care for their child as soon as possible while the legal claim progresses.
Parents who have experienced medical negligence during a forceps delivery naturally go through a rollercoaster of emotions.
The physical and psychological impact due to forceps delivery complications mean that parents are under immense pressure and stress.
It is natural for parents to go through periods of feeling enormous guilt when they realise that their baby’s head may have been injured.
Connecting with other families after forceps delivery complications can help ease some of the trauma experienced.
Whether a baby’s head has been catastrophically injured as a result of a mismanaged forceps delivery, or other medical errors, it can help to talk with other families in a similar position.
Caring for a child with complex needs as a result of a birth injury that may have been avoided, places enormous additional strain on a family.
Sharing the challenges with other parents in a similar situation can help as part of the wider support network needed to navigate these difficult circumstances.
Instructing Diane Rostron to win your forceps delivery compensation claim
Successful birth injuries claims require a robust team of legal specialists combined with the right independent medical experts.
The team have extensive experience of acting against NHS Trusts over 25+ years to help families who have been advised that their child’s disabilities are ‘one of those things’.
Truly specialising in complicated maternity incidents when a forceps delivery has caused a serious skull fracture, or a baby’s head suffering irreversible injuries due to a lack of oxygen, the team forensically investigate medical records.
Getting to the truth when it is suspected that a forceps delivery has led to permanent disabilities requires true expertise.
It is critical for families seeking to make a medical negligence claim to ask a solicitor whether they specialise specifically in birth injury compensation claims.
It is also useful to ask whether a law firm has examples of similar cases that have successfully been concluded before making an instruction.
Most birth injuries claims resulting in forceps delivery complications are pursued on a no win no fee basis. This gives families who are already traumatised, and managing a challenging care routine with their child, peace of mind.
The legal process following a mismanaged forceps delivery will likely take many years to investigate.
This will mean that a range of quality therapies can be put in place, specialist equipment can be purchased, and respite care can be afforded.
How to choose the right law firm when a forceps delivery is suspected to have caused serious injury
The legal process for these complex birth injury claims is not easy. A significant amount of time is spent on investigating a claim, gathering enough robust evidence, and liaising with specialist independent medical experts, alongside negotiating with the defending solicitors before a claim can be successfully concluded.
Families spend significant time with their solicitor discussing their case, the evidence, and challenges through the legal process. It is therefore vital to choose a law firm that offers both faultless – and proven – specialist legal expertise, and solicitors that are accessible and put clients at ease.
An assisted delivery that has led to avoidable brain damage is extremely distressing, but help is available to make sure that the medical professionals responsible are held accountable.
It is important that families are heard and that lessons are learned from these serious incidents.
Compensation will not change what happened, nor remove the serious injuries suffered, but a settlement will make a significant difference to the quality of a child’s life.
Parents can have peace of mind that their child’s lifelong needs will be taken care of when they are no longer able to manage or are no longer around.
Birth injuries compensation also removes the worry that care in the future will fall on siblings.
Starting a forceps delivery claim for compensation starts with one step. Contact Diane Rostron today for peace of mind that your child’s case will be robustly fought.