What Is a Forceps Delivery Complications Settlement?
A forceps delivery complications settlement is a financial agreement reached through a medical malpractice lawsuit. It involves compensation paid to the family of a child who was harmed by the improper use of forceps during delivery.
Forceps are assisted delivery tools shaped like tongs or spoons that are used to guide a baby out of the birth canal when labor is difficult or prolonged.
Injuries from improper use of forceps include brain damage, skull fractures, and nerve damage, like Erb’s palsy. These conditions are often permanent disabilities that require specialized care.
A forceps delivery complications settlement can provide financial support to help manage these unexpected expenses. Settlements are typically reached out of court, sparing families the time and emotional strain of lengthy trials.
The Birth Injury Justice Center works with top birth injury lawyers who can help families in all 50 states. Our legal partners have recovered over $962 million for families affected by preventable birth trauma, including forceps delivery complications.
If you suspect your child’s condition could have been avoided, we may be able to help you pursue a forceps delivery complications settlement.
Get a free case review right now to see if you may qualify.
Recent Forceps Delivery Complications Settlements
When a baby tragically suffers severe harm, it can result in multimillion-dollar forceps delivery complications settlements.
- $97.4 million in Iowa for newborn brain damage from mismanaged fetal distress
- $7.6 million in Missouri for paralysis, developmental delays, and vision problems
- $1 million in Pennsylvania for Erb’s palsy and other birth injuries
- $11.4 million in Ohio for infant brain damage from prolonged and traumatic delivery
If your child was injured during a forceps delivery, you may be entitled to compensation, too. However, it’s important to understand that the value of each case may vary based on its unique circumstances and specifics.
The best way to find out the potential value of your forceps delivery complications settlement is to get a free consultation from an experienced legal professional.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you.
Forceps Delivery Medical Malpractice
Medical professionals have a duty to use forceps correctly, even in emergency situations.
Therefore, if the cause of forceps delivery complications could have been prevented with proper care, it might be considered medical malpractice.
- Applying excessive force: Using too much pressure with forceps can cause serious harm to the baby’s head or facial nerves.
- Failing to recognize fetal distress: Not noticing signs that the baby is in trouble, like unusual heart rates, can delay action and lead to infant brain damage.
- Neglecting to assess the mother’s pelvis: Not checking if the mother’s pelvis is wide enough for forceps can cause complications.
- Positioning forceps incorrectly: This can lead to injury to the baby, such as skull fractures or nerve damage, like Erb’s palsy.
- Waiting too long to use forceps: Delaying assisted delivery can worsen conditions, leading to issues like cerebral palsy from oxygen deprivation.
Compensation from a forceps delivery settlement can help families cover medical costs and provide the best possible care for their child.
If you believe your baby’s forceps injury may be the result of birth injury medical malpractice, an experienced personal injury attorney may be able to fight for the compensation your family deserves.
Who Is Eligible for Forceps Delivery Settlements?
You may qualify to file a lawsuit and seek forceps delivery complications settlements if medical negligence played a role in harming your child.
Those who may qualify for a forceps delivery complications settlement include:
- Parents: The child’s birth or adoptive parents who are directly affected
- Legal guardians: Those with legal responsibility for the child
If you notice any symptoms of a birth injury, like motor impairments, developmental delays, or seizures, talk with your child’s doctor. You may also wish to consider seeking legal advice from a reputable birth injury law firm.
You don’t need an official diagnosis to pursue forceps delivery complications settlements.
An experienced birth injury attorney can help figure out if you qualify and guide you through the legal process without added stress.
If you have questions about your eligibility, connect with an experienced registered nurse for free.
Steps to Pursuing Forceps Delivery Complications Settlements
Securing a forceps delivery complications settlement involves several key steps. Understanding the general process helps you know what you can expect when you file a lawsuit.
- Free case review: Birth injury lawyers offer free consultations to determine if you may be eligible for compensation. Get a free case review right now.
- Collect evidence: The legal team gathers key evidence to build your claim. This may include medical records, expert opinions, and witness statements.
- File the lawsuit: Next, your lawyer will file your birth injury lawsuit in the right court. They will make sure any legal deadlines are met.
- Negotiate a settlement: Finally, they will work with the other side to reach a forceps delivery complications settlement in as little time as possible.
If a settlement isn’t agreed upon, your lawyer will continue fighting for your family in court. However, most birth injury lawsuits settle out of court.
When you work with an experienced birth injury attorney, you can focus on what matters most — taking care of your child.
In the meantime, your legal team will fight for the forceps delivery complications settlement your family deserves.
Factors That Affect Forceps Delivery Settlement Amounts
Several factors affect how much compensation families may receive from forceps delivery complications settlements.
- Severity of harm and the long-term effects on the child
- Expenses for ongoing medical care, like medications or therapy
- Extent of medical malpractice, including errors or negligence
- Physical and emotional suffering the condition causes
- The baby’s birthplace, as laws and regulations vary by state
The Birth Injury Justice Center works with experienced birth injury lawyers across the country. Our legal partners can calculate all future costs and fight for the money you need for your child’s lifetime care.
Get a free case review to see how we may be able to help you secure the compensation required for the best possible care.
When to Pursue Forceps Delivery Complications Settlements
You should consider pursuing a forceps delivery complications settlement as soon as you suspect your child’s condition might be due to a medical error.
Each state has a set deadline for birth injury cases. As a result, it’s essential to consult with an attorney who understands the laws in your area. An experienced birth injury lawyer can act quickly to ensure your lawsuit is filed in time.
Additionally, your newborn may be misdiagnosed or not diagnosed immediately after birth. An experienced lawyer can protect your legal rights, even if you don’t have an official diagnosis yet.
Don’t wait to find out what legal options you may have — call a member of our team right now at (800) 914-1562.
Get Help Seeking a Forceps Delivery Complications Settlement
The Birth Injury Justice Center understands that your child’s well-being is your top priority. A forceps delivery complications settlement can provide the resources you need for your child’s lifelong care.
We’ve partnered with experienced birth injury lawyers who can help families in all 50 states. If you qualify, our legal partners will guide you through the process, uphold your rights, and fight for maximum compensation.
Our network has secured more than $962 million for families affected by preventable birth injuries, and they may be able to help your family, too.
Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you provide a more secure future for your child.
Forceps Delivery Complications Settlement FAQs
Can you sue for a forceps injury?
Yes, you can sue for a forceps injury if the injury resulted from medical negligence. If the forceps were used improperly or if there were other mistakes during the delivery that led to harm, you may be able to file a lawsuit to seek compensation.
We can help you figure out whether medical malpractice may have played a role in your child’s injury.
Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses about whether your child’s condition could have been prevented.
What is the birth injury payout for forceps injuries?
Forceps injury payouts vary and depend on factors like the severity of the damage, ongoing medical needs, and long-term effects. However, the average birth injury settlement is over $1 million.
Experienced birth injury lawyers can evaluate the specifics of your case and tell you how much money you may be entitled to. These skilled attorneys fight for the maximum compensation allowed by law.
Get a free case review right now to see if we can connect you with a top birth injury lawyer near you.
How much does it cost to file a forceps delivery complications lawsuit?
Most birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees for their services. Your legal team only gets paid if they secure compensation for you.
How do you prove negligence in a forceps delivery complication lawsuit?
In order to prove negligence, you must be able to show that your health care provider failed to provide you with a high standard of care.
Types of evidence needed to prove this may include medical records and testimony from medical experts.
Who pays out a forceps delivery complication settlement?
In most cases, a forceps delivery complication settlement would be paid out by the health care provider’s medical malpractice insurance. However, it ultimately depends on who is found to be liable for your child’s birth injury.