Forceps Injuries Claims

Forceps are a large pair of tongs which are often used when delivering a baby to help guide the head through the birth canal. On occasion, babies are harmed during forceps deliveries.
 

Many injuries to babies resulting from the use of forceps are quite minor and resolve quickly, such as bruising. However, more serious injuries can occur such as skull fractures, tissue damage and haemorrhages which can cause brain damage, damage to facial nerves and injuries to the eyes. Long term conditions can ensue such a Cerebral Palsy, Facial Palsy (weakness of the facial muscles) and blindness.

If a baby, or a mother, is injured as a result of medical mistakes made with the use of forceps then there may be a claim for clinical negligence.  We specialise in these types of claims.

If you or a family member is concerned about medical treatment in this area, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We are highly specialist in claims for birth injuries and work closely with leading experts to assess the strength of a claim and the long term needs of the child, including expert obstetricians and paediatric neurologists. We understand that the full extent of a child’s disabilities are not always apparent until they are older and we work with experts to ensure that the all aspects of a child’s requirements are understood before a claim is finalised.  We will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

We appreciate the devastating impact upon families where there has been an injury to a baby and will provide a highly sensitive and supportive service along with fighting for the best outcome for the child.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients, see cases we have acted in.

Frequently Asked Questions

What is facial palsy?

Facial Palsy is weakness of the facial muscles resulting from temporary or permanent damage to the facial nerve. Symptoms can include asymmetry of the face, notable when crying, the eyelid may not close fully on the affected side and the face may not move fully on that side. Facial Palsy usually resolves but can result in persistent facial paralysis in some cases.

 

Is there a time limit for bringing a birth injury claim?

In England and Wales, if a child is injured by negligence (including negligence that happened prior to or during their birth), they usually have until their 21st birthday to formally begin a claim at Court.

There are exceptions to this rule.  If someone does not have ‘mental capacity’ to bring a claim as an adult there is usually no time limit.  If they gain mental capacity at some point during adulthood, they will have three years from that point to begin their claim. 

In rare cases, it may be possible to argue that the time limit should not be applied for an adult, even if they have mental capacity (although this is unusual).  

It takes time to investigate a claim and, therefore, we advise that you contact us at the earliest opportunity; when all of the evidence is still available and the events are fresh in your mind.

However, we also consider older cases and have previously succeeded in claims for adults who were injured during their birth.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a child (or an adult who does not have mental capacity) is injured by negligence, a family member or other trusted person can act as a ‘Litigation Friend’ and bring the claim on their behalf.

Usually claims relating birth injury are brought by one of the child’s parents, who take on the role of ‘Litigation Friend’.

 

What is the process for bringing a claim?

We start by obtaining evidence including medical records, witness statements and expert evidence to prove that the child’s disabilities were caused by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically, this involves instructing experienced experts to advise on all aspects of your child’s needs, in order to maximise the level of compensation.  We then try to reach a financial settlement with the Defendant (the organisation or individual legally responsible for the negligent care).  

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Will the case be decided by the Court?

Probably not.  The vast majority of medical negligence claims are not decided by the Court.  Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement.  This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

 

What is the benefit of bringing a claim for my child?

If medical negligence was the cause of your child’s disabilities, bringing a claim can secure substantial compensation to meet their needs throughout their lifetime.  Having the funds to buy-in additional support can be transformative. Local authorities have limited budgets and many specialist therapies, such as neurophysiotherapy can be denied to children by the NHS.

There are a lot of resources available to empower disabled people and allow them to live life fully.   However, this often costs more than for non-disabled people.  A claim can secure the funding for life enhancing care, specialist equipment, support with education, adapted accommodation and therapies.   It can also provide long-term financial security for someone whose ability to work is affected by their disabilities.

 

We are struggling with the effects of our child’s disabilities.  Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  They often take a number of years to resolve.  

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your child’s needs to begin to be met from the compensation, while the work to quantify the full amount of compensation continues.

 

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their birth notes and their child’s medical records themselves, before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• Scope
• CPotential
• The Child Brain Injury Trust 
• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers) 
• DEMAND (Design and Manufacture for Disability)