Forceps delivery injury and complication claims

How much compensation will I receive?

The amount of compensation you receive will depend on the severity of your injuries, the type of injuries and if they’re long-lasting.

Other factors that affect the compensation awarded include the treatment and rehabilitation required, travel costs for medical visits and the level of psychological trauma experienced.

What are the side effects of forceps delivery?

Although generally safe, and aside from the psychological effects following a forceps delivery, an assisted birth can also cause injury to the baby’s head. Leaving marks, small cuts or bruising on the baby’s face from the forceps or the ventouse cup.

The baby can also develop jaundice, which is the yellowing of the eyes and/or skin, a condition caused by the breakdown of blood cells, which releases bilirubin, causing the skin to look yellow.

What are common forceps delivery complications?

As with any assisted delivery method, there are risks associated with forceps delivery, which sometimes means there are delivery complications. Common risks can include bruises or marks on the baby. Uncommon risks that are more severe include brain injuries and vaginal tears.

Permanent medical injuries can be considered birth injury negligence, and you may be entitled to compensation.

These risks are usually explained to the mother before proceeding, and the mother must give their consent to the procedure. If staff have not obtained consent, this could also be cause for a compensation claim.

Forceps birth injury and risks to the mother

Having forceps comes with risks to the mother as well as the baby. Injuries the mother can sustain include:

• 3rd and 4th degree tearing
• Episiotomy
• Urinary and anal incontinence
• Blood loss and blood clots

3rd and 4th degree tearing

Third-degree tearing includes tearing of the vaginal muscle wall and into the anal sphincter. A fourth-degree tear includes tearing to the anal sphincter and into the mucous membrane that lines the rectum.

Episiotomy

An episiotomy is a small cut made through the vaginal muscle to help get the baby out quicker. Having an episiotomy can help prevent tearing but will require stitches.

Urinary and anal incontinence

During any birth, but particularly during instrumental deliveries, damage can be done to the pelvic floor muscles and the anal muscles. This can sometimes lead to incontinence.

Blood loss and blood clots

Anything over 500ml of blood lost is a haemorrhage. Bleeding can occur from the uterus not contracting properly, which is called uterine atony. Blood clots can be passed after birth, if large clots are passed in the 24 hours after birth, these are symptoms of primary postpartum haemorrhage.

All of these forceps injuries usually heal without problems or need for further interventions. But in some cases, they may lead to long-term conditions.

Forceps birth injury and risks to the baby

Babies born with forceps can experience minor risks such as facial bruising, marks or small cuts and swelling. These usually disappear within the first few days of life.

Some severe risks can include facial palsy, skull fractures, bleeding inside the skull, cerebral palsy, seizures and nerve damage.

Some babies can experience the above forceps birth injuries temporarily, but others can be lifelong, like cerebral palsy.

Is forceps delivery brain damage possible?

Although forceps delivery is generally safe, in rare circumstances, it can cause brain damage. This damage can lead to cerebral palsy, which is a long-term and life-limiting condition.

Babies usually show symptoms of cerebral palsy in the first three years of life, with some symptoms noticeable in babies a few months old. Symptoms can include developmental milestone delays, muscle spasms, and walking on tiptoes. Read about more symptoms here.

If the baby develops cerebral palsy, you are entitled to make a claim for compensation.

Is there a time limit for making a forceps delivery claim?

If the mother is injured, they have three years to make a forceps delivery claim. If the child has been injured, a claim can be made up until they turn 18 years old. After this period has passed, they have three years to bring a claim.

If the victim has a reduced mental capacity, there is often no time limit on where a claim can be made.

How Express Solicitors can help

Whether you’re looking to submit a claim or you’re just in need of some advice, we can help you. We have over 1,000 years of combined experience and have demonstrable experience winning medical negligence cases that other firms are unable to.

We offer free legal advice and do not pressure our clients into making a claim. We work on a no win no fee basis, so our clients have nothing to lose.