Improper Use of Forceps During Childbirth

Forceps have been used in obstetrics for centuries and can be valuable instruments when used appropriately during a difficult vaginal delivery. In certain situations, forceps can help safely guide a baby through the birth canal when labor is not progressing or when a prompt delivery is necessary. However, because forceps apply significant pressure to both the baby’s head and the mother’s body, they must be used with great skill and only under appropriate circumstances.

Improper use of forceps can result in serious birth injuries affecting both mother and child. In some cases, healthcare providers may use forceps when a cesarean section would have been the safer option or apply excessive force during delivery, leading to preventable injuries with lifelong consequences. At Kalfayan Merjanian, LLP, our California personal injury trial lawyers represent families whose children have suffered birth injuries because of negligent medical care and help them pursue the compensation they need to address long-term medical and developmental needs.

When Are Forceps Used During Childbirth?

Forceps are designed to assist vaginal deliveries when complications arise during the second stage of labor. For instance, a physician may consider using forceps when:

• Labor has stalled after full cervical dilation.
• The mother is unable to continue pushing effectively because of exhaustion or certain medical conditions.
• Fetal monitoring indicates that the baby should be delivered promptly.
• The baby’s head is appropriately positioned within the birth canal for an assisted vaginal delivery.

Before using forceps, the physician should carefully evaluate whether the procedure can be performed safely. If the baby’s position is uncertain, the head has not descended sufficiently, or other contraindications exist, an emergency cesarean section may be the safer course of action.

When Can the Use of Forceps Be Medical Malpractice?

The use of forceps alone is not evidence of negligence. Medical malpractice may occur when a reasonably careful obstetric provider would not have used forceps under the same circumstances or when the instrument is used improperly. Examples of negligent forceps use may include:

• Using forceps when a cesarean section is indicated.
• Applying excessive traction or force.
• Improper placement of the forceps on the baby’s head.
• Failing to recognize cephalopelvic disproportion or other conditions that make vaginal delivery unsafe.
• Continuing forceps attempts after repeated unsuccessful traction.
• Failing to adequately monitor the baby for signs of fetal distress before or during delivery.

Whether the applicable standard of care was violated depends on the specific medical circumstances and is typically evaluated through expert medical testimony.

Serious Injuries Caused by Improper Forceps Use

Forceps can cause significant trauma when excessive force is used or when they are applied incorrectly. Potential newborn injuries include, for example:

• Skull fractures
• Intracranial hemorrhage (bleeding inside the skull)
• Traumatic brain injury
• Facial nerve injuries
• Facial paralysis
• Brachial plexus injuries
• Cranial nerve injuries
• Lacerations and bruising
• Eye injuries
• Oxygen deprivation if delivery is unnecessarily delayed

Some of these injuries may heal completely, while others can result in permanent neurological impairment, developmental delays, or lifelong disabilities.

Can Improper Forceps Use Cause Brain Injuries?

If excessive force causes bleeding within the skull or if prolonged delivery delays oxygen to the baby’s brain, serious neurological injuries may occur. Oxygen deprivation can lead to hypoxic-ischemic encephalopathy (HIE), a form of brain injury that may result in cerebral palsy, cognitive impairments, seizure disorders, developmental delays, or other permanent disabilities. In some cases, the injury results not only from improper use of forceps but also from delaying the decision to perform an emergency cesarean section despite clear signs of fetal distress.

Maternal Injuries From Forceps Misuse

Improper forceps use can also cause significant maternal injuries. These may include severe vaginal or cervical lacerations, third- or fourth-degree perineal tears, pelvic floor injuries, excessive bleeding, urinary or fecal incontinence, chronic pelvic pain, and damage to surrounding tissues. Some women require additional surgeries to repair these injuries, while others experience long-term physical or emotional complications that affect their quality of life. Healthcare providers must carefully weigh these risks before proceeding with an assisted vaginal delivery.

The Importance of Fetal Monitoring

Continuous fetal monitoring plays a critical role during complicated labor. Abnormal fetal heart rate patterns may indicate that the baby is not tolerating labor and requires prompt delivery. If these warning signs are ignored or if providers persist with unsuccessful forceps attempts instead of transitioning to an emergency cesarean section, the risk of permanent injury may increase significantly. Proper interpretation of fetal monitoring strips and timely clinical decision-making are essential components of safe obstetrical care.

How Do Experts Determine Whether Malpractice Occurred?

Birth injury cases involving forceps almost always require testimony from qualified medical experts. Obstetric experts review prenatal records, labor and delivery records, fetal monitoring strips, nursing documentation, operative reports, and neonatal medical records to determine whether the healthcare providers complied with the applicable standard of care. Pediatric neurologists, neonatologists, neuroradiologists, and other specialists may also evaluate whether the child’s injuries were caused by excessive force, delayed delivery, oxygen deprivation, or another preventable complication. If the child has sustained permanent disabilities, life care planners and economists may also help evaluate future medical expenses and long-term financial needs.

What Compensation May Be Available?

When negligent obstetrical care causes a preventable birth injury, a medical malpractice claim may seek compensation for both current and future losses. Depending on the circumstances, damages may include the following, among others:

• Past and future medical expenses
• Rehabilitation and therapy
• Specialized educational services
• Assistive technology and medical equipment
• Future surgeries
• Home health care
• Lost earning capacity
• Pain and suffering
• Other damages permitted under California law

For children with permanent disabilities, accurately projecting future medical needs is often one of the most important aspects of the case.

Why Is It Important to Speak With an Attorney Promptly?

Birth injury cases are among the most medically complex types of malpractice litigation. Medical records must be carefully reviewed, fetal monitoring strips preserved, and qualified experts retained to evaluate whether the standard of care was violated. Beginning this investigation early also helps ensure that important evidence is preserved and that families understand the legal deadlines that may apply to their claims. Prompt legal evaluation allows families to focus on obtaining appropriate medical care while their legal team investigates the circumstances surrounding the delivery.

Contact Kalfayan Merjanian, LLP

If your child suffered a serious birth injury after a forceps-assisted delivery, you may have questions about whether the injury could have been prevented. Improper use of forceps, delayed cesarean sections, and other delivery-room errors can result in lifelong consequences for both children and their families. Kalfayan Merjanian, LLP represents families throughout California in complex birth injury and medical malpractice cases and works with respected medical experts to investigate preventable injuries. Contact Kalfayan Merjanian, LLP today to discuss your family’s legal options.