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Every pregnant woman is unique, and no two deliveries are exactly alike. Childbirth is a completely natural phenomenon, but for various reasons labor and delivery may not proceed at the expected pace for some women. When the second stage of labor, during which the mother is pushing the baby through the birth canal, is going more slowly than expected, medical interventions can occur if certain safety criteria are met, including vacuum extractions and forceps deliveries.
If all safety prerequisites are met, a doctor or midwife may at some point decide that an intervention is in order, and then decide if a vacuum or forceps delivery is medically indicated and appropriate. Unfortunately, not all doctors or midwives know the safety rules for when to use forceps or vacuum extractors.
In addition, many have limited experience in using them which can create a danger for your baby. Before either forceps or a vacuum extractor can be used, the obstetrician or midwife must obtain appropriate informed consent form the patient.
If your child was delivered with the assistance of a vacuum extractor or forceps, and mother or baby suffered harm, our Phoenix vacuum or forceps injury lawyers are here to help. If malpractice was involved, you may be entitled to a significant amount of financial compensation for medical treatment, ongoing care, and much more.
Contact our legal team today at (602) 900-9483 for a free consultation and find out what your case may be worth.
Why Forceps and Vacuum Extraction Interventions Are Performed
An intervention may be deemed necessary in the following situations:
- The mother has been pushing, but labor isn’t progressing
- Changes in the baby’s heartbeat indicate a possible problem and need to expedite delivery
- The mother has a health condition that could be exacerbated by an excessive amount of time pushing, for example heart disease or high blood pressure
- The mother has begun to hemorrhage and delivery is imminent
For either forceps or a vacuum extractor to be used, the woman’s cervix must be fully dilated, safety criteria must be met, and no contraindications must be present.
Birth Trauma Caused by Forceps Delivery
Forcep injuries can occur in the hands of a doctor or midwife who is relatively unskilled or inexperienced. The blades must be placed precisely, and the amount of traction, applied as the mother pushes, must be carefully measured. Misplaced blades or pulling too hard or at the wrong time can cause severe injury.
Injuries associated with forceps deliveries include:
- Facial injuries due to the pressure of the forceps
- Facial palsy (weakness in the muscles of the face)
- Cranial nerve damage
- Fracture of the clavicle
- Bleeding in the brain
- Hypoxic ischemic encephalopathy (HIE)
- Intracranial hemorrhage
- Ischemic brain injury
- Cerebral palsy
- Skull fracture
- Eye trauma
- Horner’s syndrome
- Seizures
- Death
Vacuum Extraction Injuries
The vacuum extractor has become more popular than forceps in recent years, although there is growing evidence that it may be the more dangerous of the two methods. It should never be used without a compelling reason and valid informed consent.
Also, vacuum extraction should not be used if the baby’s head is too large for the mother’s pelvis, if the baby’s head is too far up in the birth canal, or if the baby requires repositioning.
When a vacuum extractor is not used properly, serious injuries may occur, including:
- Skull fractures
- Retinal hemorrhage
- Subgaleal hemorrhage (ruptured vein bleeding into the space between the scalp and skull)
- Nerve damage
- Brachial plexus injuries
- Ischemic brain injury
- Paralysis
- Cerebral palsy
- Brain hemorrhage
- HIE – Hypoxic Ischemic encephalopathy
- Seizures
- Death
Was My Baby’s Injury Caused by Medical Malpractice?
Some common causes of forceps and vacuum extraction injuries resulting from medical malpractice include:
- Excessive Force: Forceps or vacuum extractors require precision in their application. Excessive force or pressure can lead to injuries such as skull fractures, brain damage, or nerve injuries in the infant. Misjudging the amount of force needed during delivery can be a significant factor in medical malpractice cases.
- Incorrect Placement: Improper placement of the forceps on the baby’s head or incorrect positioning of the vacuum extractor can cause severe injuries. Forceps should be carefully positioned around the baby’s head to avoid facial injuries or damage to the skull, while vacuum extractors should be attached to the crown of the baby’s head to minimize the risk of trauma.
- Failure to Discontinue Use: Continuing to use forceps or a vacuum extractor after signs of complications, such as failure to progress during labor, can result in serious injuries. If the delivery is not progressing as expected, the healthcare provider may need to switch to a C-section, but failing to do so could be considered negligence.
- Inadequate Fetal Monitoring: During labor, it is essential to closely monitor the baby’s heart rate for signs of distress. If there is a failure to recognize that the baby is in distress, such as from a lack of oxygen (fetal hypoxia), and a forceps or vacuum-assisted delivery is attempted, the baby could suffer permanent injuries like cerebral palsy or other brain damage.
- Delayed Intervention: A delay in deciding to use forceps or vacuum extraction when there are clear signs that the mother cannot safely deliver the baby naturally can lead to prolonged labor and increased risk of injury. Timing is critical; delays in action can result in oxygen deprivation for the baby or injury to the mother.
- Ignoring Risk Factors: Some conditions, such as a small pelvis, a large baby, or the baby being in a breech position, are contraindications for forceps or vacuum use. Attempting to use these instruments in such cases may lead to injuries that could have been avoided if a C-section had been performed instead.
- Misuse with Premature or Low-Birth-Weight Babies: Babies born prematurely or with low birth weight are more vulnerable to injury from the use of forceps or vacuum extraction. Doctors should consider these factors and avoid using such instruments when they pose a higher risk of harm.
- Multiple Attempts with Vacuum Extraction: Repeated vacuum extraction attempts can cause trauma to the baby’s scalp, resulting in conditions like cephalohematoma (bleeding under the scalp), skull fractures, or brain injuries. Guidelines typically suggest limiting the number of vacuum extraction attempts, but if a doctor continues beyond the recommended limit, it can be considered negligent.
- Prolonged Use of Forceps: If a doctor continues to use forceps during a difficult delivery for an extended period without reassessing the situation, the likelihood of injuries increases. This may include both trauma to the baby’s head and birth canal injuries to the mother.
- Failure to Inform the Parents: Before proceeding with a forceps or vacuum-assisted delivery, healthcare providers are required to explain the risks involved to the parents. If the healthcare provider fails to obtain informed consent and injuries occur, it can be grounds for a medical malpractice claim. Informed consent requires that the doctor fully disclose the potential risks and benefits of using these instruments, as well as alternative options like a cesarean section.
- Delaying a Necessary C-Section: Sometimes, an assisted vaginal delivery is attempted when a C-section is the safer option. Failure to promptly transition to a C-section when labor complications arise—such as fetal distress or failure to progress—can lead to severe injuries. In some cases, the healthcare provider’s delay in recognizing the need for surgical intervention may constitute negligence.
If your baby suffered an injury at birth, and forceps or vacuum extraction were used, you may wonder if you have a case for medical malpractice. If you have any questions as to whether your child was injured during labor and delivery, you should contact an attorney to have your case investigated.
The hospitals and doctors will not tell you the cause of your baby’s injuries. You should have an attorney investigate on your child’s behalf. Not every case or injury involves medical malpractice - but far too many cases do. You have the right to investigate what happened and discover the truth – whatever that might be.
Ask a Phoenix vacuum or forceps Injury Lawyer
If you suspect that your child’s injuries were caused by malpractice, make an appointment for a free case review by one of the doctor/attorneys at our Phoenix law firm. We will make a careful analysis of your child’s medical records, identify where and how the doctor, midwife, or hospital may have deviated from the expected standard of care, and advise you as how to proceed in obtaining a monetary recovery that will help you provide for your child through his or her lifetime.
To get started, contact our team at (602) 900-9483. We are ready to listen to your story and offer our guidance.