Birth Injuries Caused by Improper Use of Delivery Instruments

Birthing a child can be an arduous endeavor, and some mothers need assistance during the process, typically via the use of delivery instruments. When used properly, such devices can aid in the safe and timely delivery of an infant, but when they are not used correctly, they can cause serious harm, and doctors responsible for birth injuries caused by improper use of delivery instruments should be held accountable. If your child suffered harm at birth, you may be owed damages, and you should confer with an attorney about your rights. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers proudly help people harmed by careless physicians in the pursuit of justice, and if you hire us, we will diligently seek any compensation available. We often represent families harmed by birth injuries in medical malpractice cases in Syracuse, Rochester, and other cities in Upstate New York.

Delivery instruments such as forceps and vacuum extractors are commonly used in situations where vaginal delivery becomes difficult or prolonged. These instruments, while useful in certain circumstances, require precise skill and care. Forceps, for example, are metal tools that resemble large tongs and are used to guide the baby’s head out of the birth canal. Vacuum extractors use suction to assist in the delivery by attaching to the baby’s head. Although these tools are intended to assist with difficult births, improper use can lead to severe birth injuries.

Improper use of forceps can result in injuries such as skull fractures, brain damage, and facial nerve injuries. In some cases, the excessive force applied by forceps can also lead to bleeding in the baby’s brain (intracranial hemorrhage), which can cause long-term neurological damage. Vacuum extractors, on the other hand, can cause scalp lacerations, skull fractures, and a condition known as cephalohematoma, where blood accumulates between the skull and scalp. In more severe cases, the suction from vacuum extractors can lead to brain injury or conditions like cerebral palsy if not used correctly. The improper use of delivery instruments not only puts the infant at risk but may also result in injuries to the mother, such as excessive bleeding, tearing, or damage to the pelvic organs.

Doctors are expected to be thoroughly trained and experienced in the proper use of delivery instruments to avoid causing harm. As such, when the improper use of delivery instruments results in a birth injury, it may constitute medical malpractice.

In most medical malpractice cases, the plaintiff will argue that the defendant was negligent. In Maryland, to show a defendant’s negligence, the plaintiff needs to establish that the defendant owed them a duty and that the defendant subsequently breached the duty in question. The duty a doctor owes a patient is to provide treatment that aligns with the standard of care, which is defined as what is considered the accepted and standard practice of medicine by competent professionals in the defendant’s field. Any act that departs from the standard should be considered a breach. The plaintiff then has to show that they suffered actual losses and that the defendant’s breach proximately caused such harm. Demonstrating the standard of care, the ways in which the defendant failed to uphold the standard, and causation usually requires expert testimony.

In New York, damages in birth injury cases can compensate victims for a wide range of costs, including medical expenses, ongoing therapy, special education needs, and any necessary modifications to their home or vehicle. They may also be entitled to compensation for pain and suffering, emotional distress, and the loss of enjoyment of life that results from the child’s injury.

If you believe your child’s birth injury was caused by the improper use of delivery instruments, it is important to talk to an attorney about what claims you may be able to pursue. The skillful Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your losses and determine measures to help you seek the best outcome possible. We frequently help people seek compensation in medical negligence cases in Syracuse, Rochester, and throughout Upstate New York. You can contact us through our online form or by calling us at 833-200-2000 to arrange a confidential and free meeting.