I could not push in the second stage of giving birth. Forceps were used which caused injury. Is my doctor liable for this?

During the recent birth of my daughter in a hospital in Florida, I was unable to push during the second stage of labor due to exhaustion from the epidural.  The obstetrician decided to use forceps to assist in the delivery.  Following the birth, my daughter showed signs of facial paralysis, which has now been diagnosed as a permanent condition involving damage to her nerves.  What is the doctor’s liability in causing this birth injury?


Answers (1)

A forceps delivery can save the baby’s life when done correctly.  It can prevent the baby from becoming oxygen deprived.  Conversely, a forceps delivery can also hurt the baby, sometimes permanently.  Specific dangers include facial nerve damage, skull fractures, and Cerebral Palsy.  If the face appears uneven or asymmetrical, there may be permanent nerve damage.  Facial nerve damage in an infant will be more noticeable when the baby cries or laughs. When medical mistakes cause or contribute to an infant’s birth injuries, families will be entitled to compensation for their baby’s disability, medical bills and the cost of future treatments.

In many cases, the damage done by birth injuries may not be diagnosed until a few months after the birth.  It may take several weeks for infants to display signs of impaired movement or cognition.  As soon as a newborn is diagnosed with a severe birth injury, it’s essential that parents ensure that their infant undergoes all prescribed treatments for the best chances of recovery.  You should contact an attorney who specializes in birth trauma injuries who can advise you regarding the liability of the doctor and your ability to recover financial damages.

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