Birth injury and forceps: when might it lead to a medical negligence claim

Sometimes a baby needs extra help to be born, and this is when doctors may use forceps. These metal instruments are designed to guide the baby out safely when labour becomes difficult or urgent. Most forceps deliveries take place without problems, but the procedure requires skill, careful judgement and proper monitoring. If forceps are used in the wrong circumstances or handled incorrectly, both mother and baby can suffer avoidable injury. When this happens, families may want to consider whether they have grounds for a medical negligence claim.

What is a forceps delivery and why is it used?

A forceps delivery is a type of assisted birth. Midwives and doctors usually consider this option when labour is not progressing or when the baby shows signs of distress. Common reasons include:

  • The mother is pushing but the baby is not moving down the birth canal
  • The mother is exhausted and needs help
  • The baby needs to be delivered quickly because its heart rate is dropping
  • There is a medical reason why the mother should not push for long periods

Forceps should only be used by trained clinicians. The baby’s position must be checked because forceps should not be used when the baby is too high in the pelvis or facing the wrong direction.

What injuries can occur during a forceps birth?

Forceps can save lives, but incorrect use can cause serious harm to you, or your baby. Possible injuries include:

For the baby:

  • Bruising or marks on the head or face
  • Skull fractures
  • Bleeding inside the skull which can cause long term brain damage
  • Facial nerve injury that leads to temporary or permanent weakness
  • Shoulder injuries
  • Restricted oxygen which may cause cerebral palsy

For the mother:

  • Severe tears to the vagina or perineum
  • Anal sphincter damage leading to bowel problems
  • Heavy bleeding
  • Long term pain during sex
  • Pelvic organ prolapse
  • Infections linked to injury or poor aftercare

Not every injury is negligent. The key question is whether the injury was avoidable with competent care.

When might forceps use amount to medical negligence?

A medical negligence claim arises when care falls below an acceptable standard and this causes injury. Negligence may occur in situations such as:

  • Using forceps when they were not appropriate – Forceps must only be used when conditions are suitable. If they are used when the baby is too high, in the wrong position, or when the risks are clear, the resulting injury may be avoidable.
  • Excessive force or incorrect technique – Improper use can cause serious harm, such as pulling too hard, twisting the baby’s head, or placing the blades incorrectly.
  • Failing to switch to a caesarean section – If a forceps delivery is not progressing safely, the doctor should stop and proceed to a caesarean. Continuing with repeated attempts can cause preventable injuries.
  • Poor monitoring of mother or baby – Both mother and baby must be monitored throughout labour. Failure to recognise distress can result in severe injury.
  • Lack of informed consent – Mothers should be told why forceps are recommended, what the risks are, and what alternatives exist.
  • Inadequate aftercare – Failure to diagnose or treat injuries such as severe tears or infections can lead to long term complications.

Birth injury claims for the baby – when you can claim

Parents may bring a claim on behalf of their child if they believe the injury was avoidable. Compensation can support therapy, equipment, adapted housing and long term care needs.

A child normally has until the age of 21 to bring a claim.

Birth injury claims for the mother – when you can claim

Mothers can claim for injuries caused by negligent care. Compensation can cover pain, suffering, loss of earnings, treatment costs and psychological support.

The time limit for mothers is usually three years from the date of the injury or the date they first realised negligence may have occurred.

What to do if you think mistakes were made during your child’s birth

If you are concerned about the use of forceps during your delivery, the following steps may help:

  • Ask for a copy of your medical records
  • Request a meeting with the hospital
  • Keep notes about what you remember
  • Record your symptoms and how they affect daily life
  • Speak to a specialist birth injury solicitor

A solicitor will review your records, obtain expert medical evidence and advise whether you have grounds for a claim.

Expert help with your birth injury claim

Forceps deliveries can be safe when used correctly, but mistakes can cause serious and long lasting harm. If you believe avoidable errors were made, a medical negligence claim may help you obtain answers and support.

We’ve helped many people to resolve their birth injury claims. Contact us today to find out how we can help you too.

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