During difficult births, forceps delivery may be necessary to prevent injuries to the baby. Sadly, inappropriate or forceful use of this device can result in skull fractures, nerve damage to the baby’s face, and in rare cases, death.

If your baby died during a forceps delivery, you may be entitled to compensation for the heartbreaking loss. At Miller & Wagner, our attorneys investigate and present damage claims for obstetrical negligence resulting in infant brain damage, cerebral palsy and other birth injuries. With offices in Eugene and Portland, our lawyers represent families throughout Oregon and Washington. We offer a free initial consultation to discuss your case.

Failure to Perform an Emergency Cesarean

Difficult births are not uncommon, and doctors sometimes need to use forceps and vacuum extractors to facilitate births. These practices have fallen out of favor in recent years because of concerns about the risks of using forceps and vacuums. At many hospitals, an emergency cesarean section has become the preferred option.

No method of delivery is without risk, and attempting to aid a difficult childbirth with instruments such as forceps can enable mothers avoid complications such as infections and failed anesthesia. However, instrument-assisted deliveries have a tenfold increase in brain damage to the infant due to oxygen deprivation, compared with emergency cesarean section. Instrument-assisted delivery also increases the risk of infant death due to becoming lodged in the birth canal.

Our lawyers will carefully review the facts of your case and consult with medical experts to determine if your child’s death was caused by inappropriate use of a forceps in the delivery process.

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