Can I Sue for Misuse of Forceps or a Vacuum Extractor in Maryland?

The birth of a baby should be a happy, uncomplicated moment. Unfortunately, sometimes complications arise during delivery, leading to doctors needing to use tools like forceps or vacuum extractors. While such tools can be lifesavers when used correctly, improper use can result in severe injuries for both the baby and mother. Suppose a medical team used forceps or a vacuum extractor to deliver your child, and you or your child sustained an injury. In that case, you may be wondering, “Can I sue for misuse of forceps or a vacuum extractor?” The short answer is yes, you can sue if the misuse constitutes medical malpractice. Read on to learn more!

What Are Forceps and Vacuum Extractors

An assisted delivery may be necessary when complications arise during the delivery process. This is where forceps and vacuum extractors come in. Forceps are smooth metal instruments that resemble tongs or large spoons. During delivery, forceps are positioned around the baby’s head and joined together at the handles. During contractions and when the mother pushes, an obstetrician pulls the forceps to help deliver the baby.

On the other hand, a vacuum extractor uses a soft, rigid cup connected to a suction device. This cup is placed on the baby’s head. While contractions happen, and with the mother pushing, a midwife or obstetrician pulls to assist in delivering the baby.

Forceps and vacuum extractors may be necessary in several situations, including the following;

• The mother is too tired to continue pushing
• The baby is no longer moving down through the birth canal
• A medical problem makes it dangerous for the mother to keep pushing
• The baby is not in the right position
• There are concerns about the baby’s heart rate

Assisted delivery is not uncommon in the United States. Research suggests that in the U.S., vacuum extractors alone account for about 3% of vaginal births.

When forceps and vacuum extractors are used properly, they can save the lives of both mother and child. However, when misused, they can cause serious harm.

When Does Misuse Become Malpractice?

Here are some of the situations that might give rise to a medical malpractice claim after an assisted delivery causes harm to the mother or child;

• Using forceps or a vacuum extractor when it was not medically necessary
• Placing too much force on the forceps
• Placing forceps or a vacuum extractor incorrectly
• Failing to switch to a C-section after it became clear the assisted delivery was not working

In Maryland, to succeed in your malpractice case, you must prove that a healthcare provider failed to meet the acceptable standard of care and that this failure directly caused an injury. The above actions may qualify as failure to meet the standard of care.

Common Injuries Caused by Misuse of Forceps and Vacuum Extractors

The misuse of forceps and vacuum extractors can cause different types of injuries to both the baby and mother.

Some of the injuries babies sustain include;

• Skull fractures
• Brachial plexus injuries
• Facial lacerations and never damage
• Subdural hemorrhage

Common injuries to mothers include;

• Excessive bleeding
• Severe tears
• Pelvic organ prolapse
• Uterine rupture

Contact a Skilled Baltimore Medical Malpractice Lawyer

If you or your baby suffered harm due to the misuse of forceps or a vacuum extractor in Maryland, contact our experienced Baltimore Medical Malpractice lawyer at Hardball Law for a case evaluation.

Source:

my.clevelandclinic.org/health/treatments/22305-vacuum-extraction-delivery#:~:text=In%20the%20United%20States%2C%20vacuum%20extraction%20accounts%20for%20about%203%25%20of%20vaginal%20births.