One of the most common and devastating birth-related injuries comes with the improper use of forceps at delivery. Forceps injuries can cause serious brain damage as well as muscle, tendon and nerve injuries. The most important question you might have at the beginning of your cases “why did the physician use forceps first place?” All too often, forceps are used when a pregnancy develops problems because it is either not progressing or the baby’s heartbeat is showing signs of serious distress. If you or a loved one have faced these situations, you really need to have a lawyer with experience handling this type of case in your corner. The Boston birth injury lawyers at Breakstone White and Gluck have over 100 combined years of experience handling this type of case with successful results. To determine whether or not you have a meritorious case, your lawyer has to have the experience skill and training to evaluate and analyze the mother and babies birth-related records. Experts will have to be utilized to read the fetal heart monitor tracings as well as to evaluate the mother’s vital signs at or around delivery.
Injuries arising from the improper use of forceps can have lifelong effects for your baby. These errors can also lead to fatal consequences for mothers and babies during the delivery process. Forceps are designed to assist with the delivery of the baby, particularly when the baby is having trouble getting through the birth canal. The determination of whether or not there was malpractice requires a careful analysis of all of the information and factors present at delivery. When forceps are used carelessly, they can lead to serious injuries for the baby and the mother. At Breakstone, White & Gluck, our birth injury lawyers provide experienced and knowledgeable legal counsel to victims throughout Massachusetts, and we are ready to assist you in this traumatic situation.Hold a Medical Professional Responsible for a Forceps Injury
If you are injured while a medical professional is using forceps during the birthing process, you can bring a medical malpractice claim against him or her to recover damages for your injuries and your baby’s injuries. Massachusetts law requires doctors and medical professionals to act with a certain level of care and skill when treating patients, and a birth is no exception. In general, medical providers are required to use the same care and skill that other similarly trained professionals in the region would use when treating a patient with a similar medical history and condition.
Forceps are most commonly used in situations in which the mother is having trouble pushing out the baby by herself. If the labor has been prolonged, she may simply be tired, or there may be other issues, such as a large fetus or a narrow birth canal. If a mother receives an epidural, she may have difficulty pushing during the birthing process as well. When there is a sudden emergency during the delivery, such as trouble detecting a fetal heartbeat, the physician may decide that using the forceps to remove the fetus as quickly as possible is necessary. It is during these times that injuries and mistakes are most likely to occur.
After proving that the medical professional who treated you failed to use appropriate care, your attorney will need to prove that there is a causal connection between the medical professional’s lack of appropriate care and the injuries that you sustained. Forceps can lead to a variety of conditions, including lacerations and tears in the birth canal or genital area. They may also cause urinary incontinence or trouble having bowel movements. Bladder injuries and urethra injuries are common, especially if significant force is used. Your baby may also suffer injuries such as bruising or swelling at the location of the forceps, fractures, brain damage, seizures, or broken bones. Since these medical issues can be complex, your attorney may need to retain a medical expert to review the case and to testify about the lack of care that your medical provider rendered. If you are successful in establishing causation, you will be able to recover the damages that you are claiming in the lawsuit, such as medical expenses, lost wages, and pain and suffering. A medical malpractice lawyer can assist you with ensuring that you seek the maximum amount of compensation that you deserve.Contact a Knowledgeable Boston Attorney for Your Medical Malpractice Claim
Whether you are looking for more information about your potential legal rights, or you are currently involved in a matter involving a birth injury, the medical malpractice attorneys at Breakstone, White & Gluck are here to assist you. Having your childbirth process turn into a traumatic and injury-inducing event is a devastating experience during what should be an exciting and special time for your family. We serve people in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, and we offer a free consultation to help you learn about your options. Call us now at 1-800-379-1244 or contact us online to get started.