The moment of childbirth is steeped in both joy and vulnerability, with every parent hoping for a safe delivery. Yet, there are times when the tools meant to aid in this critical moment cause harm, leading to detrimental outcomes that persist far beyond the delivery room. Improper usage of forceps, a tool intended to aid in childbirth, can have catastrophic consequences.

What are Forceps and Why are They Used in Childbirth?

Forceps are a medical tool resembling large tongs or spoons, used by doctors during childbirth to help guide the baby out of the birth canal. They come into play when labor is taking too long despite strong contractions, due to factors like the baby’s position or the mother’s pelvis shape. Another reason for using forceps is maternal exhaustion, where the mother is too tired to push effectively after prolonged labor. They may also be used if the baby shows signs of distress, indicating a struggle, possibly from a lack of oxygen.

Using forceps is a serious decision that requires a high level of precision and care. While at times lifesaving, if not used correctly, forceps can cause injuries such as bruises, cuts, or more severe damage like skull fractures, facial injuries, brachial plexus Injuries, bleeding in the skull, or nerve damage. In extreme cases, the baby could suffer injuries that lead to developmental delays or cerebral palsy.

What is a Forceps Injury Lawsuit?

A forceps-related medical malpractice lawsuit is a legal action taken by parents whose child has been injured due to the negligent or improper use of forceps during childbirth. This type of lawsuit seeks to hold medical professionals accountable for any injuries caused by their negligence or lack of proper care.

The primary purpose is for affected families to secure compensation for their child’s medical expenses, ongoing care, and other related costs—to seek justice and advocate for their child’s well-being after such a traumatic experience.

Important note: Hospitals and insurance companies often have aggressive defense strategies. Be prepared to have a personal injury attorney who’ll provide thorough evidence and expert witnesses to counter these tactics.

Pre-Settlement Funding for Forceps Related Medical Malpractice

If you’re a parent struggling with the emotional and financial aftermath of your child’s forceps injury, pre-settlement funding can provide the support you need. This type of funding provides financial assistance to cover medical bills, therapy costs, and daily living expenses while your personal injury lawsuit is ongoing. There’s no need to worry about credit checks or income verification.

Most importantly, you only repay the funds if you win your forceps injury case. It’s an honest attempt to help you focus on recovery and justice without the added stress of financial burdens. We’re here to stand by you through this challenging time, offering a lifeline when you need it most.

How Do They Work?

Here’s a straightforward breakdown of the process:

Initial Inquiry: Start by filling out an online form or making a phone call to a pre-settlement funding company.
Case Evaluation: Your attorney provides the necessary documents to the funding company, which then reviews your case.
Approval and Offer: If approved, you’ll receive a funding offer detailing the terms and amount.
Agreement: Both you and your attorney sign the agreement.
Funds Disbursement: Once the agreement is finalized, the funds are disbursed, often within the same day.

Criteria for Forceps Injury Lawsuit Funding

Respected and Cooperative Personal Injury Attorney
You Must Live in a Fundable State
No History of Fraudulent Claims.
A Strong Personal Injury Case Involving Forceps Injury
Defendant’s Insurance Coverage

What Specifically Makes Forceps Birth Injury Lawsuits Meritful and Strong Enough to get Approved for Lawsuit Funding?

Comprehensive Birth Records: These should include notes on the labor process, the decision to use forceps, and how the procedure was carried out.
Incorrect Application: Specific evidence showing that the forceps were applied incorrectly or with excessive force, leading to injuries.
Medical Expert Reports: Testimony from obstetricians or neonatologists explaining how the standard of care was breached.
Monitoring Lapses: Detailed documentation indicating that the medical team failed to properly monitor the mother and baby during labor, failing to recognize distress that should have contraindicated the use of forceps.
Injury Reports: Detailed descriptions of the injuries sustained, such as skull fractures or facial nerve damage. Diagnostic imaging and specialist evaluations add weight to these reports.
Neonatologists and Obstetricians: Expert reports in these fields can provide us with additional insights into what went wrong and how it could have been avoided.
Specialists in Pediatric Neurology: For cases involving neurological damage, these experts can link the injuries directly to the improper use of forceps.
Hospital Stays: Costs for both planned and emergency hospitalizations.
Special Education Needs: Documentation of any special education services required due to developmental delays or disabilities resulting from the injury.
Quality of Life: Reports that show how the injuries will impact the child’s quality of life, including psychological and emotional effects.
Visual Aids and Demonstratives: If in trial, medical illustrations, animations, and expert reconstructions to help the jury understand the injuries and the negligence involved.

Future Medical Expenses

Detailed projections of ongoing medical treatment, surgeries, physical therapy, and medications. Conservative estimates for lifetime costs of a child with severe forceps injuries can range from $950,000 to $2,825,000. This includes:

Ongoing Medical Treatments: $5,000 – $10,000 per year
Surgeries: $20,000 – $100,000 per surgery
Physical Therapy: $7,800 – $23,400 per year
Medications: $1,000 – $5,000 per year
Special Education Services: $10,000 – $30,000 per year
Home Modifications: $30,000 – $75,000 one-time cost
Personal Care Assistance: $20,000 – $50,000 per year

Exploring Your Options for Support

In cases where families endure such devastating impacts, understanding your options available, like pre-settlement funding, can offer a sense of hope and stability. While Baker Street Funding does not provide funding for forceps injury cases, it’s extremely important to explore all resources that can support you during this difficult journey. Every step you take towards securing the best care and future for your child is an example to your strength and love.