Forceps Delivery Negligence Claims

Some mothers need assistance during the delivery of their baby, especially if it is their first birth. This will typically involve using forceps or a suction cup to pull on the baby and guide it through the birth canal. This procedure is generally safe and straightforward, but using too much force or the wrong technique can cause long-term injuries to the baby or mother.

If you or your baby were injured during an assisted birth, you may be eligible to make a forceps delivery negligence claim. You could receive damages for the pain and suffering incurred due to the substandard care, as well as any related financial expenses.

To find out if you can start a claim, do not hesitate to call 0800 470 0474 or use our online form to receive a free consultation with a medical negligence expert. If your case has merit, they will offer you a no win no fee* agreement and guide you through all the steps of the claims process.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is a forceps delivery?
• Types of negligence in a forceps delivery
• What forceps delivery injuries and complications can occur?
  • Injuries and complications for the baby include:
  • Injuries and complications for the mother include:
• Am I eligible to make a forceps delivery negligence claim?
• What evidence do I need to support my forceps delivery claim?
• Can I sue the NHS for forceps delivery complications?
• Can I make a claim on behalf of my child for birth injuries caused by the use of forceps?
• Time limits for claiming forceps delivery compensation
• How much compensation could my medical negligence claim be worth?
• How long will my compensation claim take?
• Will my medical negligence solicitor provide a No Win No Fee service?

What is a forceps delivery?

A forceps delivery is a type of assisted delivery that helps the baby out of the birth canal when labour is not progressing as it should. The healthcare professional uses an instrument resembling large salad tongues or spoons (forceps) or a ventouse to pull and deliver the baby. Around 23% of women who give birth naturally to their first baby will need this type of assistance. Doctors might recommend forceps delivery if:

• The baby shows signs that it is in distress and needs to be delivered quickly;
• The baby is in an awkward position;
• You have been pushing for a long time, but the baby is not advancing;
• You are too tired to continue pushing;
• You have certain health conditions like heart disease or high blood pressure.

This procedure is typically safe, but the mother or baby can suffer severe complications if done incorrectly. These include eye damage, permanent brain damage, fractures and chronic pain.

Types of negligence in a forceps delivery

Negligence in a forceps delivery can take various forms. It typically involves actions or omissions by healthcare providers that fall below the standard of care expected in obstetric practice. Examples include:

• Applying excessive force or using the incorrect technique;
• Using the incorrect type of forceps for the specific situation;
• Failure to obtain informed consent from the mother;
• Using the forceps when there are clear contraindications, such as when the foetus is in an unfavourable position;
• Delaying the decision to use the forceps when it was clearly needed;
• Failure to monitor the baby for signs of distress;
• Failure to monitor and respond to signs of maternal complications;
• Not having the necessary skill and experience to perform a forceps delivery;
• Allowing inexperienced staff to perform a forceps delivery without proper supervision.

If you or your baby suffered injuries due to forceps delivery negligence, a medical negligence lawyer could help you make a claim for compensation.

What forceps delivery injuries and complications can occur?

If done negligently, assisted delivery with a forceps or ventouse can cause injuries to the mother and baby.

Injuries and complications for the baby include:

• Bruises, cuts and lacerations to the face or head, which can lead to forceps delivery scars
• Skull fractures
• Bleeding under the scalp
• Bleeding inside the skull, which can cause brain damage and seizures
• Damage to the facial nerves, causing temporary or permanent weakness or paralysis
• Eye injuries such as corneal abrasions
• Cerebral palsy
• Physical or cognitive delays in development

Injuries and complications for the mother include:

• Vaginal and perineal tears
• Blood clots forming in the veins of the legs or pelvis
• Urinary or bowel incontinence
• Increased risk of infections
• Excessive bleeding
• Chronic pain in the pelvic area or during sexual intercourse
• Post-traumatic stress disorder (PTSD) and other psychological injuries

If you suffered avoidable harm or long-term complications due to forceps delivery of a baby, you may be entitled to compensation.

Am I eligible to make a forceps delivery negligence claim?

The easiest way to find out if you are entitled to compensation is to have a free consultation with a legal adviser. A medical negligence solicitor will take on your claim if they can prove the following:

• A duty of care. Healthcare providers have a legal obligation to provide a standard of reasonable care. This standard is established by competent bodies, such as the National Institute for Health and Care Excellence (NICE).
• A breach of duty. Any deviation from the standard of care expected in a field could be seen as a breach of duty. In the context of delivery by forceps, examples include using excessive force or failure to respond to signs of distress in the mother or baby.
• Causation. This refers to the link between the breach of duty and the injury to the mother or baby. If the doctor breached their duty of care but you did not suffer harm as a result, you will not have a valid claim.
• Damages. Damages include all the losses and expenses incurred due to the injury, such as physical harm, permanent disability, loss of earnings and costs of ongoing care.

What evidence do I need to support my forceps delivery claim?

If you want to make a birth injury claim for forceps delivery negligence, you need various types of evidence to show what happened and how this has affected your life, such as:

• Detailed records of the labour and delivery process;
• Documents related to your prenatal care and any risk factors identified during pregnancy;
• Medical records that detail the injuries you or your baby suffered following a forceps delivery;
• Photographs or videos that document these injuries and your recovery process;
• Imaging studies such as X-rays or MRIs can show the extent of internal injuries;
• A detailed account from you and any family members who were present during the delivery;
• Testimony from experts in obstetrics who can review the case and provide an opinion on whether the standard of care was breached;
• You also need financial records that prove all the losses and out-of-pocket expenses you incurred following the forceps delivery complications.

These and other types of evidence will ensure you get the maximum payment available to you if you make a successful birth injury compensation claim.

Can I sue the NHS for forceps delivery complications?

If you have suffered avoidable harm while giving birth in an NHS hospital, you are eligible to start a forceps delivery negligence claim. All claims against the NHS are handled by their specialist insurer, NHS Resolution. This is an arm’s length body of the Department of Health and Social Care, crucial in ensuring that the NHS manages claims for personal injuries fairly and effectively.

NHS Resolution is funded by annual premiums paid by individual NHS Trusts, which in turn are supported by the taxpayer. Thus, you can rest assured that if you make a medical negligence claim, this will not affect the funds allocated for patient care. Furthermore, taking legal action can help fix issues within the medical system so others will not go through the same pain and suffering as you.

You can also start a claim if you received negligent private medical care. According to the General Medical Council (GMC), all doctors working in private clinics must have liability insurance against negligence claims. If you win forceps delivery compensation, your doctor’s insurer will pay this, so the hospital will not be left out of pocket.

Can I make a claim on behalf of my child for birth injuries caused by the use of forceps?

If your child has suffered an injury during a forceps delivery, you may be entitled to claim compensation on their behalf. If negligence can be proven, you must apply to the court to be named as their litigation friend and start your claim. Once appointed, you will have several responsibilities, which include:

• Deal with correspondence and legal documents
• Instruct your lawyer and take legal advice
• Make competent decisions about the case that are in your child’s best interest
• Help gather evidence to support the compensation claim for negligence

If you win the case, you will have to go to an Infant Approval Hearing in court. Here, a judge will look at the available evidence to determine whether the awarded payment is fair. Once approved, the funds will be kept in a court bank account until the child’s 18th birthday or transferred to a personal injury trust in their name. You can request early access to the funds for pressing financial needs that you cannot cover otherwise.

Time limits for claiming forceps delivery compensation

If you or your child suffered an injury due to negligent forceps delivery, you have three years to start a claim for compensation. This time limit begins from the date of birth or from when the injuries were diagnosed and linked to the use of forceps. After three years, your case will be statute-barred and no longer valid, with a few exceptions:

• You can make a child injury claim at any time before their 18th birthday. If you do not claim compensation for your child, they will have three years to start a forceps delivery claim once they turn 18.
• If the mother cannot start a claim due to PTSD, a brain injury or another condition, the time limit is put on hold until recovery. For permanent loss of mental capacity, there is no time limit for a litigation friend to claim on their behalf.

As with any other claim, the sooner you start legal proceedings, the better. That will ensure the availability of evidence and that you will get your compensation in the shortest time possible.

How much compensation could my medical negligence claim be worth?

The compensation awarded for a forceps delivery negligence claim varies from case to case, depending on the extent of the injuries suffered and the financial losses incurred as a result. These are grouped into two types of damages that your lawyer will carefully consider so that you receive the maximum compensation:

General damages cover the subjective impacts of the forceps injury, such as:

• Physical pain and suffering
• Permanent scarring and disfigurement
• Emotional trauma
• Mental and physical disability
• Loss of enjoyment of life and ability to engage in activities you once enjoyed

Special damages cover the financial impacts of the medical negligence, including:

• The cost of medication and private treatments
• Physical therapy and rehabilitation
• Loss of earnings and earning capacity
• The cost of care and assistance needed because of the injury
• Travel expenses to and from medical appointments
• The cost of specialist medical equipment

According to the guidelines from the Judicial College, you could receive from £2,020 for mild forceps delivery scars up to £344,150 for a very severe brain injury.

How long will my compensation claim take?

Each case is unique, so it is impossible to say how long your injury claim will take from the outset. Your solicitor will be able to approximate a timeframe based on several factors, such as:

• Whether the other side admits liability for your birth injuries;
• How compelling the available evidence is;
• The type and severity of the injuries you or your baby suffered and their long-term effects;
• The estimated value of the forceps delivery compensation payment;
• Whether you must go to trial, in which case the court’s backlog can be a significant factor.

A straightforward case where liability is admitted from the beginning could settle within several months, while a complex claim could take years to resolve. Your solicitor will aim to secure compensation in the shortest time possible. If available, they will also apply for interim payments so you can cover any financial needs, such as private medical treatments.

Will my medical negligence solicitor provide a No Win No Fee service?

If you have a valid claim for forceps delivery negligence, you can rest assured that your personal injury lawyer will work on a no win no fee basis. That means you do not have to worry about any upfront legal fees, and you can start a claim regardless of your financial situation. Furthermore, there is no financial risk to you because:

• If you lose the forceps delivery claim, you do not have to pay your solicitor a penny.
• If you win the case, your lawyer will receive a success fee that is deducted from your settlement (up to 25%). You will keep the rest of the payment as compensation for your pain and suffering.

After the Event (ATE) insurance is also essential for a no win no fee agreement. This type of legal expenses insurance that your solicitor will arrange for you at the beginning of the claim ensures that you will not pay any litigation costs if you lose, such as court fees, medical reports and the defendant’s expenses.

If you want to start a medical negligence claim, do not hesitate to call 0800 470 0474 or arrange a call back to receive a free case assessment.