Miami Attorney for Birth Injuries Caused by Forceps
The process of giving birth is difficult for the mother and the baby. There are many complications that could arise to make childbirth more difficult and taxing, but with proper care from a competent doctor and hospital staff, you should be able to overcome many of the challenges. However, there are times when a doctor’s decisions cut against what reasonable care should include and cause you and your baby additional risks.
One of the biggest problems with childbirth often occurs when a doctor unnecessarily uses forceps or mishandles the baby while using forceps. These tools are necessary in some cases, but improper use can result in serious injuries and birth defects. If your child suffered from these kinds of issues, call our Miami attorney for birth injuries caused by forceps at The Law Offices of Prosper Shaked. To set up a free legal consultation and learn more about your potential case, call Prosper Shaked today at (305) 690-0244.
Common Problems After Forceps Delivery
Forceps are large curved tongs used to help pull a baby out of the birth canal. These tools are made of metal, but they are designed to be used gently to help direct the baby rather than to forcibly clamp or pull on the baby. However, doctors may misuse these tools or use them when they are not absolutely necessary, potentially causing severe injuries.
As mentioned, forceps are literally large clamps. These clamps are often used on your child’s head to help pull them out since this should be the first part out of the birth canal. The pressure applied when using forceps should never be more than necessary, but even slight pressure with metal tongs can cause injuries if not done carefully enough.
In some cases, the clamping action could damage your child’s skin, soft tissue, or nerves. Forceps can often leave marks on the baby’s face or head immediately after giving birth, but these marks tend to go away. In serious cases, the clamping action could cause more severe injury to the facial or cranial nerve, potentially resulting in facial paralysis or other nerve injuries. These kinds of clamping injuries are also often responsible for deformations in the face or skull or development of cerebral palsy after birth.
Harsher pressure can cause more traumatic injuries. Clamping too hard could cause skull fractures, internal bleeding, and other avoidable injuries. In some cases, clamping down on the eye could result in damage to the child’s eye or even blindness if the injury is severe enough.
A doctor’s decision to use forceps must be deliberated carefully. When the child is having trouble coming out and the birth is not going as planned, the doctor may recommend forceps delivery as a first attempt to get the baby out faster. If the forceps delivery fails, the doctor may need to turn to a C-section to safely deliver the baby. While forceps are sometimes a better decision than using a C-section, doctors may mistakenly turn to forceps when they should have turned to a C-section immediately. In these kinds of cases, the baby may face additional injuries from the failed attempts to deliver the baby as well as potential injuries or asphyxiation from the delayed delivery if a C-section was not ordered quickly enough. This could result in brain damage from lack of oxygen or other injuries.
Suing for Forceps Delivery Injuries in Florida
The fact that a doctor used forceps in a delivery does not automatically mean that this decision was improper or that the care you and your child received was negligent. In some cases, minor marks or slight injuries are expected outcomes and are still within the reasonable standards of care. However, when your doctor goes beyond the pale and causes avoidable injuries, you may be entitled to sue them for substantial compensation.
A lawsuit for birth injuries is typically based on the argument that the doctor’s care fell below the expected standards. To prove this, you and your attorney would typically use an expert witness in your case – another doctor who can testify that what the doctor did was wrong. The jury can use this information to help understand the case and rule in your favor.
If you successfully prove that the doctor’s care fell below the accepted standards and contributed to your child’s injuries, you may be entitled to damages for the injuries your child suffered. These damages often include the cost of ongoing medical care, lost future wages or earning capacity brought on by the injury, and any pain and suffering associated with the childbirth injuries. The kinds of injuries caused by forceps may cause temporary effects or long-term physical disabilities such as cerebral palsy. If your child will have long-lasting pain and suffering because of this injury, you may be entitled to substantial financial compensation.
You should always speak with an attorney for help pursuing these kinds of legal claims. An attorney can help you understand what your case might be worth and protect your claim. The doctor’s attorneys and medical malpractice insurance provider may contact you and attempt to offer you a settlement or tell you that your claim is denied. It is vital to work with your own lawyer rather than relying on what the other side says since those attorneys and other parties do not represent your best interests.
Call Our Miami Childbirth and Forceps Injury Lawyers
If your child was delivered using forceps and suffered injuries because of the procedure, contact The Law Offices of Prosper Shaked today. Our Miami attorney for birth injuries caused by forceps may be able to help you file your claim and understand what your case might be worth. From there, our injury lawyer can fight your case in court and work to get you the compensation you and your child deserve for your doctor’s errors and negligent healthcare. For a free legal consultation on your case, call our law offices today at (305) 690-0244.