A birth injury from forceps or vacuum extraction can result in long-term harm to a newborn and emotional distress for the family. While these tools are used to assist difficult deliveries, improper use can lead to serious medical complications. Understanding your legal rights is crucial if medical negligence caused the injury.
Welcoming a new baby into the world should bring joy, not fear. Unfortunately, when doctors misuse tools like forceps or vacuum extractors during labor and delivery, they can seriously harm a newborn. If you believe improper use of these instruments injured your child in a Maryland hospital, a qualified Maryland birth injury lawyer will explain your rights and guide you through your next steps.
At Furman Honick Law, we know how overwhelming and painful it can be to cope with a birth injury. We are here to support families as they seek answers and accountability. Call us at (410) 844-6000 for a compassionate, no-obligation consultation.
Understanding Forceps and Vacuum-Assisted Deliveries in Maryland
In difficult labors, doctors may use forceps or a vacuum extractor to assist with delivery. This practice, known as operative vaginal delivery, is guided by standards from the American College of Obstetricians and Gynecologists (ACOG) and followed in hospitals across Maryland, from Baltimore to Frederick and Annapolis.
How Forceps Are Used During Delivery
Forceps are curved instruments that fit around the baby’s head. During contractions, the doctor gently pulls as the mother pushes, helping guide the baby through the birth canal. This technique requires careful placement and a high level of skill.
How a Vacuum Extractor Works
A vacuum extractor involves placing a suction cup on the baby’s scalp. With each contraction, the doctor applies controlled traction to aid in delivery. As with forceps, precision is essential to reduce the risk of injury.
When Are These Tools Used in Maryland Delivery Rooms?
Doctors may consider assisted delivery when labor slows, the mother becomes too exhausted to push, or there are signs of fetal distress. Certain positions or maternal health conditions may also prompt their use.
The decision depends on the specifics of the case and the doctor’s training and judgment. However, these instruments are not suitable for every delivery. In some cases, a Cesarean section may be the safer option.
Birth Injuries Linked to Forceps and Vacuum Extraction in Maryland
When used incorrectly, forceps or vacuum extractors can cause serious injuries during childbirth. These tools are meant to assist, but improper technique or poor judgment may lead to harm that affects both mother and baby.
A Maryland medical malpractice lawyer experienced in birth trauma cases can help families determine whether medical errors occurred during delivery in hospitals throughout Maryland, including in Prince George’s and Harford Counties.
Injuries Commonly Tied to Forceps Deliveries
Forceps can cause facial nerve damage, leading to weakness or paralysis on one side of the baby’s face. If used with excessive pressure, they can also cause skull fractures or brain injuries such as intracranial bleeding, which may result in long-term conditions like cerebral palsy. Other complications include bruising, cuts to the face or scalp, and eye trauma.
Risks of Vacuum Extraction in Maryland Hospitals
Vacuum-assisted deliveries can lead to scalp bruising, known as cephalohematoma, or more serious issues like subgaleal hemorrhage, where bleeding occurs between the scalp and skull. This rare condition can be life-threatening. Additional risks include intracranial hemorrhages, retinal bleeding, and even skull fractures if excessive force is used.
When Assisted Delivery Becomes Medical Malpractice in Maryland
Not all injuries resulting from the use of forceps or a vacuum extractor amount to medical malpractice. These instruments carry inherent risks, even when used properly by skilled professionals.
However, if a physician uses them in situations where they are not medically appropriate, overlooks signs of fetal distress, delays a timely C-section, or lacks the necessary training to perform the procedure safely, those actions may constitute negligence.
In addition, Maryland law requires that patients receive clear information about potential risks and available alternatives as part of the informed consent process. If your child was harmed during a difficult birth, it may qualify as medical negligence. Learn more about Maryland medical malpractice and injury claims to understand your legal rights and options.
Legal Review of an Assisted Birth Injury Case in Maryland
A Maryland medical malpractice lawyer will examine whether the medical team followed the accepted standard of care.
This involves reviewing records from prenatal visits through delivery, assessing fetal monitoring data, and consulting with medical experts. If negligence is suspected, the law requires filing a Certificate of Qualified Expert under Maryland Code § 3-2A-04 to move the case forward.
If your child suffered a birth injury after an assisted delivery, speak with a Maryland medical malpractice lawyer to understand your options and whether a legal claim is appropriate.
The Lifelong Impact of Birth Injuries from Assisted Deliveries
Incorrect use of forceps or vacuum extractors during delivery can cause injuries that affect a child and their family for life. Families across Maryland—whether in busy cities like Baltimore or in smaller communities such as Hagerstown and Salisbury—face these challenges every day.
Long-Term Medical Needs and Developmental Challenges
Birth-related brain injuries, such as those leading to cerebral palsy, often create ongoing medical and developmental needs, including:
- Physical, occupational, and speech therapy
- Medications to manage seizures or muscle stiffness
- Surgeries for orthopedic complications
- Assistive devices like wheelchairs, braces, or communication tools
- Regular care from neurologists, orthopedic specialists, and developmental pediatricians
Children may also face challenges such as:
- Delayed milestones in motor skills, speech, and learning
- Academic difficulties and special education needs
- Social and emotional challenges that can affect independence in adulthood
A Maryland medical malpractice lawyer who handles birth injury cases can help estimate future care requirements and related costs when building a legal claim.
Children who suffer birth injuries due to medical negligence often face long-term medical needs and developmental challenges. These may include ongoing therapy, surgeries, assistive equipment, and special education services. Families must plan for years of care and financial strain. When a preventable error causes such harm, it may fall under the category of a never event. Learn more about how these errors are handled legally in our guide on never events in medical malpractice lawsuits.
Financial and Emotional Strain on Maryland Families
The effects of a serious birth injury reach far beyond medical treatment alone. Families often encounter significant financial challenges, including the ongoing costs of therapy, medical equipment, and modifications to the home.
In many cases, one parent may need to leave the workforce to provide full-time care, resulting in a loss of income. Out-of-pocket expenses for transportation, respite services, and educational support can place additional strain on already stretched resources.
The emotional toll is equally demanding. Parents may live with constant stress, emotional fatigue, and feelings of guilt, frustration, or isolation.
Siblings often feel the impact too, as families shift their routines and attention to care for the injured child. Families across Maryland—whether in larger cities or smaller communities—face the long-term challenges of supporting a child with serious birth-related injuries and adapting to a new way of life.
Navigating a Maryland Birth Injury Lawsuit: What Families Should Expect
Pursuing a birth injury claim can feel overwhelming, but understanding the process helps. A knowledgeable Maryland birth injury lawyer will guide you through each step and help you make informed decisions about your child’s future care and legal rights.
Maryland’s Statute of Limitations in Birth Injury Cases
For injuries involving a child, Maryland law outlines specific filing deadlines. In most situations, a medical malpractice claim must be brought by the child’s 21st birthday or within the later of five years from the date of injury or three years from when the injury was discovered.
Because these rules can be complex and time-sensitive, it is important to speak with an attorney as early as possible. Delay could limit your ability to seek justice and access the resources your child may need.
Potential Compensation in Maryland Birth Injury Claims
If a medical provider’s negligence during delivery led to your child’s injuries, financial compensation may be available. These damages are intended to help support both current and long-term care needs.
Economic damages may include:
- Medical expenses, both past and future
- Therapy costs (physical, occupational, speech)
- Assistive devices and mobility equipment
- Home modifications and in-home care
- Special education support
- Loss of future earnings
Non-economic damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Parental emotional harm in limited cases
Like other medical malpractice claims in Maryland, these damages are subject to a statutory cap on non-economic losses under Maryland Code, Courts and Judicial Proceedings § 11-108. Your Maryland birth injury lawyer can explain how this cap may affect your case.
Why Families Choose Furman Honick Law for Maryland Birth Trauma Cases
At Furman Honick Law, we are committed to representing families affected by birth injuries caused by forceps or vacuum extraction. Our Maryland birth injury attorneys combine legal experience with compassion and determination. Whether your child was born in a large Baltimore hospital or a smaller community facility elsewhere in the state, we are ready to advocate for your family.
Our Approach to Investigating Maryland Birth Injury Claims
We begin by listening to your story and evaluating how the injury has affected your family, then work with top medical experts and gather key documentation, knowing that the importance of medical records in injury claims can be critical to proving negligence and securing fair compensation.
We focus on identifying whether medical professionals failed to meet Maryland’s accepted standard of care. This may involve poor decision-making, improper technique, ignoring contraindications, or delaying a needed Cesarean section. A Maryland birth injury lawyer from our firm will work to establish a clear link between those actions and your child’s condition.
Advocating for Your Child’s Future Across Maryland
Our attorneys are skilled in both settlement negotiations and courtroom litigation. We are prepared to hold hospitals, doctors, and insurers accountable. Whether your case involves a birth in a major medical center or a rural facility, we understand how to counter the strategies used to minimize responsibility.
To build a strong case for your child’s long-term needs, we collaborate with life care planners and financial experts. Our goal is to help secure the resources necessary to support your child’s medical care, education, and quality of life moving forward.
FAQs for Maryland Birth Injury Lawyer
Not necessarily. Both instruments carry inherent risks even when used correctly. Medical malpractice in Maryland occurs if the healthcare provider’s use of the instrument, or the decision to use it, fell below the accepted standard of medical care and directly caused the injury. A Maryland birth injury lawyer can evaluate the specifics.
Injuries can range from minor scalp bruising or facial nerve palsy to more severe conditions like skull fractures, brain bleeds (intracranial hemorrhage), and permanent brain damage leading to conditions like cerebral palsy or developmental delays.
Maryland’s statute of limitations for medical malpractice claims for a minor generally allows a claim to be filed by the time the minor turns 21, or within the standard five-year/three-year discovery rule, whichever is later. However, these rules are complex, and it’s best to consult a Maryland birth injury lawyer as soon as possible.
Compensation may cover your child’s current and future medical expenses, therapy costs, special education needs, lost future earnings, pain and suffering, and loss of enjoyment of life. Maryland has caps on non-economic damages. A Maryland birth injury attorney can detail potential damages.
These are highly complex medical and legal cases. A Maryland birth injury lawyer understands how to investigate the medical records, work with top medical experts to prove negligence and causation, navigate Maryland’s specific legal requirements (like the Certificate of Qualified Expert), and fight powerful hospital and insurance company defenses.
Seeking Justice After a Birth Injury? Speak with a Maryland Birth Injury Lawyer Today
If your child was harmed during delivery due to the improper use of forceps or a vacuum extractor, you may be facing a future filled with medical, emotional, and financial challenges. You should not have to face them alone.
At Furman Honick Law, our Maryland birth injury lawyers are here to help you understand what went wrong and what legal options may be available. We are committed to holding negligent providers accountable and securing the resources your child may need for long-term care.
Call us today at (410) 844-6000 for a free, confidential consultation. We’re here to provide trusted legal guidance and help your family move forward with confidence. You can also contact us online to schedule your consultation at your convenience.