Forceps delivery negligence is medical negligence with the forceps delivery of your baby. A forceps delivery is only necessary in certain circumstances, and the doctor delivering the baby should take due care when using the forceps to avoid a birth injury.

A doctor owes you and your baby a duty of care during the delivery. If they breach that duty of care and cause a forceps delivery injury to the baby, you could have a medical negligence compensation claim.

An avoidable birth injury could be medical negligence. A medical negligence compensation claim seeks compensation for the effects of the birth injury today and in the future.

A No Win No Fee medical negligence solicitor can take your forceps delivery negligence claim and seek compensation for you and your baby.

Forceps Delivery Negligence

What is a forceps delivery negligence claim?

A forceps delivery negligence claim is when you seek compensation for a birth injury to your child when the doctor makes an error delivering your baby with a forceps.

A forceps delivery should be a last resort in a delivery room. 1 in 8 births in the UK are assisted vaginal births, with around 1 in 3 first-time births needing assistance with a forceps or vacuum delivery. 8 in 12 women suffer vaginal tears during a forceps delivery which may be due to medical negligence.

30,000 women a year suffer a form of birth trauma during birth. A forceps delivery often causes a birth injury to the baby and trauma to the mother who witnesses it happening.

The effects of the forceps delivery injuries can affect both the mother and the baby today and in the future. You may have a claim for these effects and the lasting damage they have on your newborn baby.

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid claim for forceps delivery negligence.

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Common claims for forceps delivery negligence

Common claims for forceps delivery negligence range from cerebral palsy after an assisted birth to excessive vaginal tearing to using a forceps in an assisted delivery when it should not be used.

The effects of a birth injury can be with your baby for life. You can claim for the injury to you and the baby in a forceps delivery compensation claim.

Common claims for forceps delivery negligence:

  • Using a forceps delivery in the wrong circumstances claims
  • Excessive vaginal tearing to the mother claims
  • Scarring to the baby after a forceps delivery claims
  • Skull malformations due to a forceps delivery claims
  • Failure to inform the mother of the side effects of a forceps delivery claims
Common claims for forceps delivery negligence

Using a forceps delivery in the wrong circumstances claims

Using a forceps delivery in the wrong circumstances can lead to damage to the baby and can add trauma to an already difficult birth. 

A forceps delivery should not happen:

  • When the baby is less than 34 weeks
  • The baby is not far enough down the birth canal
  • The baby’s head is too big for a safe delivery using the forceps

Birth injury associated with the incorrect use of the forceps:

  • Cerebral palsy
  • Brain damage
  • Broken bones in the skull and face

Only a qualified obstetrician should decide on a forceps delivery in consultation with the mother. 

A birth injury caused by using a forceps delivery in the wrong circumstances may lead to a compensation claim.

Excessive vaginal tearing to the mother claims

Excessive vaginal tearing to the mother can cause unnecessary suffering to the mother during and after birth and could lead to infection and other problems in the future. 

Excessive vaginal tearing can happen when:

  • The forceps are used by staff not fully trained to use them
  • The obstetrician does not take due care when using the forceps
  • When the forceps are used at the wrong stage of the birth

Excessive vaginal tearing can lead to unsightly scarring, issues with bladder control and unnecessary discomfort for the mother.

Scarring to the baby after a forceps delivery claims

Scarring to the baby after a forceps delivery may heal quickly, but in some cases of medical negligence, it can take time to heal or could even be for life. A forceps delivery should only happen when necessary and with due care to the baby to avoid scarring. 

Scarring to the baby when using a forceps during a delivery:

  • Damage to the ears caused by the forceps
  • Unsightly marks around the hairline and bald patches on the skull
  • Deep scars and indentations around the temple and the side of the face

A scar that does not heal can become an unsightly mark, which may remain for life. 

You could have a compensation claim if your baby suffers unnecessary scarring after a forceps delivery.

Skull malformations due to a forceps delivery claims

Skull malformations due to a forceps delivery can lead to bone damage and other birth injuries to your child. When the skull malformation does not heal as the baby grows it can cause other health issues in the baby’s life. 

Skull malformations in a forceps delivery can happen:

  • By the incorrect use of the forceps
  • If the forceps are used by staff who are not properly trained
  • If a forceps delivery is chosen in the wrong circumstances

Further issues with skull development, such as head shape and intellectual disability, can follow any damage to the skull during a forceps delivery.

Failure to inform the mother of the side effects of a forceps delivery claims

Failure to inform the mother of the side effects of a forceps delivery is a very common issue in medical negligence. The obstetrician should inform the mother of how the forceps are used, why they are used, and all the side effects associated with their use. Only when fully informed can the mother make a rational decision on using the forceps. 

Side effects of forceps delivery can be:

  • Damage to the skull of the baby
  • Excessive vaginal tearing to the mother
  • Scarring to the baby
  • Cerebral palsy
  • Nerve damage
  • Blood clotting
  • Incontinence

If you and your baby suffer any of the side effects of a forceps delivery and the obstetrician did not fully inform you of them, then you may have a forceps delivery compensation claim. 

A No Win No Fee medical negligence solicitor can look at your case and see if you have a compensation claim for forceps delivery negligence.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Compensation for forceps delivery negligence claim

Compensation for forceps delivery negligence can range from the low £10,000s to over £10 million in some cases. You or your baby could suffer due to medical negligence during the birth, causing injury to the mother, such as excessive tearing or cerebral palsy in the newborn child. 

Forceps delivery negligence can have many effects on you and the newborn baby, and you can claim for those effects today and in the future. The baby could have scarring for life, a misshapen skull or, in some cases, suffer brain damage and nerve damage. A mother can suffer incontinence, blood clotting and episiotomies due to forceps delivery negligence. 

Claims sometimes see high awards, such as when the patient suffers pain and discomfort and possible brain damage for life. In some cases of forceps delivery negligence, a baby could develop cerebral palsy, and the mother have internal scarring.

Compensation for forceps delivery negligence claim can see awards of:

  • Scarring and cuts to the baby – £25,720
  • Excessive vaginal tearing and internal scarring to the mother – £28,850
  • A failure to inform the mother of any side effects of the forceps – £35,690
  • Nerve damage to baby in the head, neck, and shoulders – £43,800
  • Cerebral palsy and severe brain damage to the baby – £1.1 million

All amounts are approximate and are only a guide to what is possible in a forceps delivery negligence claim. Figures can be high in some claims as you or a loved one could need long-term care; you may face medical bills for life due to errors in a forceps delivery, causing brain damage to the baby and the need for life-long care.

compensation claim calculator

You may be able to claim for these care expenses and the medical costs in the future with a medical negligence compensation case. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the forceps delivery negligence.

A No Win No Fee medical negligence solicitor will be the one to advise you on a forceps delivery negligence compensation claim. 

A Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful compensation claim.

Who is eligible for compensation in a medical negligence claim?

The patient who suffers pain, disability, or anxiety and sees their condition getting worse due to medical negligence may be eligible to claim compensation. 

The medical negligence of forceps delivery errors can cause pain and anxiety, and your baby may need a lifetime of care, including surgery, and you may be able to claim compensation. The mother can suffer tearing, blood clots and incontinence. 

Forceps delivery negligence could have devastating effects on the baby, leading to cerebral palsy, brain damage and issues with the head, neck and shoulders. You can claim compensation for the impact of the medical negligence on your baby’s life today and in the future. 

You and your baby are the ones to suffer due to forceps delivery negligence. Living with the effects of medical negligence can be very distressing and may lead to many other medical problems. 

Any medical negligence may lead to psychological trauma, unnecessary pain, and disability. It is not any different with forceps delivery negligence, and your baby or you may be unable to claim for the effects of the medical negligence. 

If you or your baby cannot make the claim, your dependents may make the compensation claim. 

The loved ones in any medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the injured person
  • Someone who lived with the patient for two years as a husband, wife, or civil partner.
  • Blood children adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you have a medical negligence claim due to forceps delivery negligence, your No Win No Fee medical negligence solicitor can help make the case for compensation.

What can you claim for in forceps delivery negligence compensation?

You can claim for any damages that occurred when you sue for forceps delivery negligence compensation. 

There are two types of compensation damages due when suing for any type of medical negligence, such as forceps delivery negligence:

General Damages in a forceps delivery negligence claim are when you sue for the pain, suffering and loss of amenity, PSLA, you or your baby have experienced due to the incorrect use of the forceps, damage done by the forceps or by using the forceps in the wrong circumstances. 

  • Pain is that above what is normally expected for your condition, made worse by the negligence 
  • Suffering is the inconvenience and changes to your life and that of your baby that cause unnecessary discomfort when you experience forceps delivery negligence
  • Loss of Amenity is any difficulty you and your baby have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping

Special Damages in a forceps delivery negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future 
  • Future care costs are for any care you and your baby will need as a result of the birth delivery errors and any worsening of those conditions 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals 

Be sure to keep payslips, receipts, and proof of any losses you experience because of the forceps delivery negligence. 

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

You can claim medical negligence compensation when you and your baby experience unnecessary suffering due to forceps delivery negligence, such as infection, scarring, excessive vaginal tearing, cerebral palsy and brain damage.

medical negligence compensation types

Who can be responsible for forceps delivery negligence?

A medical professional can be responsible for the forceps delivery negligence that harms you or your baby. When you bring a claim for medical negligence, such as for forceps delivery negligence you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the forceps delivery negligence could be:

  • The obstetrician who harms the baby during a forceps delivery
  • An obstetrics team who fails to inform of the side-effects of a forceps delivery
  • The doctor who carried out a forceps delivery in the wrong circumstances
  • The obstetrician who uses the forceps too early in the delivery
  • The hospital responsible for obstetric protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing obstetric care and training
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer medical negligence if they are negligent with that duty of care and do not provide you with a professional service when under their care.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into the delivery of your baby, the treatment team made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the obstetrician and obstetrics team risked your health, and that of the baby, and the effects of the forceps delivery negligence could be with you and the family for life.

You can claim compensation for the forceps delivery negligence and get help getting your life and your baby’s health back on track.

Birth injury negligence UK

Birth injury negligence is when you or your baby are injured due to the medical negligence of the delivery team or the obstetrician. A birth injury can have many effects on you or your baby’s life, and you claim for the effects today and in the future. 

Common types of birth injury negligence can be:

  • Incorrect use of the forceps and other delivery aids
  • Failure to monitor the mother and baby during a delivery
  • A broken bone or bones due to a forceful delivery
  • Delays in delivering the baby leading to brain damage and Cerebral Palsy
Birth injury negligence UK

Any birth injury negligence can harm you and the baby. In a forceps delivery, the delivery team and the obstetrician should be fully trained in its use, and the forceps should be used only in the correct circumstances. To use the delivery forceps and cause a birth injury may be birth injury negligence. 

A No Win No Fee medical negligence solicitor will have experience with birth injury negligence and can guide you through a forceps delivery negligence claim.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for forceps delivery negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.

The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling the forceps delivery negligence claim. They will know the causes of the medical negligence, discover who caused the medical negligence in the delivery of your baby, and the effects of the negligence by a medical professional. 

Your No Win No Fee solicitor will handle your compensation claim when you suffer negligence with the forceps delivery of your baby and will know how to make it a successful compensation claim. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You and your baby are the ones who experienced the medical negligence, and you deserve the compensation to help improve you and your baby’s life after the forceps delivery negligence.

Using a No Win No Fee solicitor

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence cases for forceps delivery negligence must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.

If someone has passed away due to a breach of duty of care by a medical professional leading to fatal medical negligence, it is the date of death if the limitation period has not expired by that time. 

If your child has suffered due to forceps delivery negligence, they typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, such as a baby who suffers brain damage in a forceps delivery, and who lack capacity, are not subject to any limitation period.

Will I have to go to court with a forceps delivery negligence claim?

No, you are very unlikely to have to go to court with a forceps delivery negligence claim. 

The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side. 

Medical negligence can cause you and your family a lot of distress. If you discover the errors could be due to poor treatment by a medical professional, you will want answers and compensation for the effects of negligence in a forceps delivery. 

Your solicitor will want to keep the medical negligence claim out of court and get it settled in your favour as quickly as possible. 

If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.

Contact the Medical Negligence team today

Contact the Medical Negligence Team today to discuss your forceps delivery negligence claim. You and your baby suffered from the effects of the excessive vaginal tearing, blood clotting, scarring and brain damage.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for forceps delivery negligence compensation. 

We have a very high success rate and a reputation for a speedy and successful resolution to medical negligence claims.

Our 100% Compensation Guarantee puts all the money you win into your pocket. You may have a compensation claim if you experience medical negligence during the birth of your child that causes a birth injury, such as cerebral palsy and nerve damage. 

Contact us at the Medical Negligence Team, and let us handle your claim for forceps delivery negligence compensation today.

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