When labor is not progressing as it should and the baby needs help to make its way into the world, a doctor may turn to tools like forceps or a vacuum extractor. In the hands of a skilled and experienced obstetrician, these instruments can be a safe and effective way to avoid a C-section and deliver a healthy baby. But these are powerful tools, and when they are used improperly, by an inexperienced doctor, or in the wrong situation, they can cause devastating, permanent injuries to a newborn.
If your child was injured during an assisted delivery, you are likely struggling with a host of painful emotions. You may be relieved that your baby is here, but also heartbroken and angry about their injuries. You may be asking yourself if the injury was just an unavoidable risk, or if something went wrong. It is a question that deserves a thorough and honest answer, and you have the right to find out the truth.
This guide is for parents whose child was harmed during a forceps or vacuum delivery. We will explain the risks of these procedures and how a doctor’s negligence can lead to a valid medical malpractice claim in Georgia.
What Are Forceps and Vacuum Extractors?
Forceps and vacuum extractors are tools used to assist with a vaginal delivery, typically when the mother has been pushing for a long time and is exhausted, or when the baby’s heart rate indicates it needs to be delivered more quickly.
- Forceps are large, spoon-shaped instruments that are placed around the baby’s head. The doctor then uses the handles to gently guide the baby out of the birth canal during a contraction.
- A Vacuum Extractor uses a soft cup that is attached to the baby’s head by suction. A handle on the cup allows the doctor to apply traction to help pull the baby out.
These are not routine procedures. They are interventions that should only be used when there is a clear medical need, and only by a doctor who is properly trained and skilled in their use.
When an Assisted Delivery Becomes Medical Malpractice
While any assisted delivery carries some risk, an injury is often not just a “bad outcome,” but the result of a doctor’s negligence. The standard of care dictates not only *how* these tools are used, but *when* they should be used. Medical malpractice can occur in several ways:
1. Improper Use of the Instrument: This is the most common form of negligence. It includes:
- Applying too much force: Pulling too hard on the baby can cause skull fractures, brain bleeds, and nerve damage.
- Improper placement: The forceps or vacuum cup must be placed on the baby’s head in a very specific position. Misplacing the instrument can put pressure on delicate facial nerves or the soft spots of the skull.
- Twisting or rotating the baby improperly: This can cause serious neck and spinal cord injuries.
- Too many attempts: The standard of care sets limits on how many times a doctor should attempt to pull with a vacuum (pop-offs) or how many times they should try to apply the forceps. Exceeding these limits significantly increases the risk of injury.
2. Using the Tool in the Wrong Situation: An assisted delivery is not appropriate in every case. Using forceps or a vacuum is generally considered negligent if:
- The baby’s head is too large to fit through the mother’s pelvis.
- The baby is in a difficult position, such as a breech presentation.
- The baby has a known medical condition, like a bone disorder, that makes them too fragile for an assisted delivery.
3. Failure to Abandon the Procedure: If the assisted delivery is not progressing after a few attempts, a competent doctor must recognize that it is failing and abandon the procedure in favor of an emergency C-section. Continuing to pull on a baby that is not moving is a recipe for disaster.
Common Injuries from Forceps and Vacuum Deliveries
The improper use of these instruments can cause a range of serious and often permanent injuries, including:
- Skull Fractures
- Intracranial Hemorrhage (brain bleeds)
- Facial Nerve Palsy: Damage to the nerves that control facial muscles.
- Brachial Plexus Injuries (Erb’s Palsy): Damage to the nerves that control the arm and hand, often caused by excessive pulling on the baby’s head and neck.
- Cerebral Palsy: Brain damage resulting from trauma or a lack of oxygen during the difficult delivery.
Frequently Asked Questions (Q&A)
Q: The doctor said there were risks. Does that mean we don’t have a case?
A: No. While a doctor has a duty to inform you of the risks of a procedure (informed consent), this does not give them a free pass to be negligent. You consented to a procedure performed with a competent level of skill. You did not consent to your baby being injured by a doctor who used the instruments improperly or in a situation where they should not have been used at all.
Q: How can you prove the doctor used too much force?
A: The nature and severity of the injury itself is often the strongest evidence. Medical experts can look at the type of skull fracture or the extent of the nerve damage and determine that it could only have been caused by an excessive or improper application of force. The doctor’s own notes and the testimony of others in the delivery room can also be critical evidence.
Q: Why would a doctor choose to use these tools instead of just doing a C-section?
A: Sometimes, an assisted delivery is a faster and safer option than a C-section, especially if the baby is very low in the birth canal and needs just a small amount of help. However, some doctors may be overly confident in their ability to perform an assisted delivery, or they may be reluctant to move to a C-section, and they may persist with the forceps or vacuum for too long, causing harm.
When a Helping Hand Causes a Lifetime of Harm
Forceps and vacuum extractors are powerful tools that, in the right hands, can be a great benefit. But in the wrong hands, or used in the wrong way, they become instruments of harm. If your child’s future has been compromised by a preventable injury during an assisted delivery, you have the right to seek justice and to secure the resources they will need for a lifetime of care.
Our compassionate and experienced birth injury lawyers are here to help you find the answers you deserve. We have the medical and legal knowledge to investigate these complex cases and to fight for your family. We invite you to contact us for a free, confidential consultation. Please visit our homepage to learn more about our commitment to helping families in Georgia who have been affected by medical negligence.