Written by: Julie Baqleh A forceps delivery should be a calculated medical decision that helps safely deliver your baby when complications arise during childbirth. However, when medical professionals use forceps incorrectly or make poor judgements about their use, the consequences can be devastating for both mother and child.
Understanding your rights to compensation following a forceps-related birth injury is crucial for securing the support necessary for recovery and long-term care. In this guide, we’ll explore when forceps are typically used, potential complications, common birth injuries, and your right to pursue a medical negligence claim, including recent compensation examples.
Understanding when forceps deliveries are necessary
Forceps deliveries make up around 4.7% of assisted births in Australia, according to the Australian Institute of Health and Welfare (December 2024). This marks an increase of nearly 1% since 2010. While they can be necessary, they should only be performed under specific circumstances.
Your healthcare provider might recommend forceps delivery if:
- You’ve been pushing for several hours without progress
- Your baby shows signs of distress requiring immediate delivery.
For example, if your baby’s heart rate drops significantly during labour, doctors might determine that a forceps delivery is the fastest way to ensure your baby’s safety.
Other situations that may warrant the use of forceps include:
- Maternal exhaustion during pushing
- Medical conditions preventing prolonged pushing
- Baby’s head position needs adjustment.
However, medical professionals should only attempt forceps delivery when several crucial conditions are met:
- The cervix is fully dilated
- Membranes must be ruptured
- The baby’s head must be engaged in the birth canal
- The exact position of baby’s head must be known
- Pelvis size must be adequate
- Experienced practitioners must be available.
These requirements aren’t just procedural checkboxes. They’re essential safeguards to prevent injury to both mother and baby.
Birth injuries: How forceps deliveries can go wrong
When forceps are used negligently, both mother and baby can suffer serious injuries.
Let’s look at some real examples of forceps-related injuries and their impacts on families.
Impact on babies
Facial and head injuries are some of the most common consequences of negligent forceps use during delivery. In one case we handled, a newborn suffered severe bruising and nerve damage to their face after excessive force was applied during the delivery. While the bruising healed over time, the nerve damage required ongoing physiotherapy and specialist treatment throughout the child’s early years.
More severe cases can result in devastating neurological conditions. For example, we represented a family whose child suffered brain damage caused by improper forceps placement and excessive pressure during birth. This injury led to lifelong care requirements and significant developmental challenges.
A study of 583,340 live-born singleton babies, born to first-time mothers (medically referred to as nulliparous) with a birth weight between 2500 and 4000 grams, reported varying rates of intracranial hemorrhage based on the mode of birth:
- One in 664 (forceps)
- One in 860 (vacuum extraction)
- One in 907 (intrapartum caesarean section)
- One in 1900 (spontaneous vaginal birth)
- One in 2750 (pre-labour caesarean section).
These figures suggest that forceps delivery carries the highest risk for birth injuries, highlighting the importance of careful consideration and expert handling during assisted deliveries.
Common birth injuries to babies from forceps
- Facial injuries
- Bruising and marks
- Facial nerve damage
- Eye trauma
- Skull fractures
- Neurological injuries
- Brain damage from excessive pressure
- Seizures
- Cerebral palsy
- Intracranial hemorrhage
- Physical injuries
- Skull fractures
- Spinal cord damage
- Brachial plexus injuries
- Fractures of facial bones.
Maternal injuries
Mothers can suffer significant trauma from negligent forceps use, which increases the risk of severe perineal tears, including third and fourth-degree tears. Research shows that forceps deliveries are associated with higher rates of perinatal morbidity and mortality compared to Caesarean sections. Specifically, forceps deliveries have been found to carry a 56% higher risk of complications.
One of our clients experienced severe third-degree perineal tears due to improper forceps technique, leading to long-term incontinence issues and requiring multiple surgical repairs. Another client developed pelvic organ prolapse after forceps delivery, significantly impacting her quality of life and ability to return to work.
Common maternal injuries in forcep negligence cases
- Immediate injuries
- Third and fourth-degree perineal tears
- Vaginal tears and lacerations
- Bladder injuries
- Urethra damage
- Long term complications
- Pelvic organ prolapse
- Urinary incontinence
- Fecal incontinence
- Chronic pain
- Sexual dysfunction
- Psychological trauma requiring counselling and support.
Find out how much you can claim today.
Forceps injury compensation cases in Australia
| Year | State | Settlement amount | Primary injuries | Case details |
|---|---|---|---|---|
| 2001 | NSW | $14,202,042 | Cerebral palsy | Cerebral palsy caused by the practitioner’s negligence in the manner, timing and circumstances of his use of forceps. |
| 2006 | NSW | $8,750,000 | Perinatal asphyxia and resultant brain damage, which then developed into cerebral palsy | The case involved negligence for failing to attend the hospital on time, not properly reviewing the CTG trace, choosing to attempt a forceps delivery under risky conditions, and performing the delivery poorly, with expert evidence showing that the most serious injury, a basal ganglia injury, was caused by the forceps delivery. |
| 2019 | WA | $2,190,000 | Brain injuries as a result of the birth process resulting in life-long developmental and cognitive impairments | The negligence occurred when forceps were used improperly despite the pelvis being too narrow for the baby’s head, and the position of the baby requiring intervention by a specialist in a theatre, making the use of forceps in that situation inappropriate. |
Factors influencing compensation
These cases highlight the significant variation in compensation amounts awarded in forceps injury cases, with several key factors influencing the final settlement:
- Severity of injuries
- Long-term prognosis
- Age of the victim
- Impact on earning capacity
- Care requirements.
The highest payouts usually involve cases of permanent brain damage or disabilities that require lifetime care. For example, the $14 million settlement in NSW reflects the extensive lifetime care needs for a child with severe cerebral palsy, including:
- 24/7 care requirements
- Specialised medical equipment
- Modified housing and transport
- Ongoing therapeutic interventions
- Loss of future earning capacity.
Eligible claimants in forceps delivery birth injury cases
In cases of forceps delivery birth injury, several individuals may be eligible to seek compensation:
The mother
The child
Family members.
Why family members can claim
In addition to the mother and child, family members such as fathers, siblings, or close relatives may also be eligible to make a claim. This is possible through nervous shock claims, which compensate those who suffer emotional distress due to witnessing the injury or trauma suffered by their loved ones.
For example, a family member may be able to claim if they were present at the birth and experienced significant psychological harm from witnessing the injury, or, if they have witnessed the ongoing suffering of the injured party, particularly the child.
Nervous shock claims recognise that emotional and psychological trauma can have a lasting impact on those close to the primary victim. These claims are typically filed alongside the main personal injury claim and aim to compensate the affected family member for the emotional toll the injury has caused.
Potential damages in forceps delivery injury claims
If a claim is successful, a range of damages may be awarded, including but not limited to:
- Pain and suffering: This includes compensation for the physical and emotional pain experienced by the mother or child. The amount can be substantial, with pain and suffering damages potentially reaching up to $650,000
- Home care: Depending on the circumstances, compensation for home care and assistance could amount to millions of dollars, especially if there are ongoing medical needs or home modifications required due to the injury
- Loss of employment income: Compensation can also cover lost wages, salaries, or contractor fees due to the injury. This may include past, present, and future income, and in severe cases, the total could amount to millions of dollars
- Loss of superannuation: Any loss of superannuation resulting from the injury may be claimed in full value.
Making a birth injuries medical negligence claim
If you’ve experienced injuries from a forceps delivery, you may be entitled to compensation.
Understanding what constitutes negligence is important. For example, if your doctor failed to recognise that your pelvis was too small for forceps delivery, or if they didn’t obtain proper consent by explaining the risks and alternatives, these could be grounds for a claim.
Establishing negligence
To succeed in a forceps delivery negligence claim, you must prove either:
Improper decision making
- Forceps used when contraindicated
- Failure of the medical professional to recognise risk factors
- Inadequate assessment of the situation
Technical errors
- Incorrect forceps placement
- Excessive force applied
- Poor technique
- Inadequate experience to use forceps in the situation
Consent issues
- Failure to discuss risks with the mother
- No informed consent obtained
- Alternative options not presented to the mother.
What your claim might cover
Compensation can cover various aspects of injury and loss.
For children, this might include:
- Immediate and future medical treatment costs
- Therapy and rehabilitation expenses
- Special education needs
- Care support and assistance
- Home modifications if required
- Loss of future earning capacity.
For mothers, compensation typically covers:
- Surgical repair procedures
- Rehabilitation and physiotherapy
- Lost income during recovery
- Psychological support and counselling
- Domestic assistance during recovery
- Ongoing medical treatment.
The claims process
Starting a medical negligence claim for forceps injuries involves several steps.
| Initial assessment | The first step is to evaluate whether there is a valid claim for medical negligence. This includes reviewing the circumstances surrounding the forceps delivery, the injuries sustained, and whether there is a clear link between the delivery method and the injury. |
| Medical records review | Gathering and reviewing medical records is critical to understanding the details of the delivery, including how the forceps were used, the actions of the healthcare providers, and the immediate outcomes. This helps establish a foundation for the claim. |
| Expert opinion gathering | Consulting with medical experts is essential to determine whether the injuries were caused by negligent use of forceps. Experts can provide their professional opinion on the standards of care and whether the actions during delivery deviated from accepted practices. |
| Liability assessment | A thorough review of whether the healthcare professionals involved were negligent in their actions. This involves assessing if the forceps were applied correctly and whether the medical team followed the appropriate guidelines and procedures. |
| Evidence collection | Collecting physical evidence, medical reports, photographs, and documentation of the injuries sustained. This can include diagnostic imaging or records of surgeries and treatments related to the injuries. |
| Claim preparation | Preparing all the necessary legal documents to initiate the claim. This includes drafting the Statement of Claim and identifying the specific allegations of negligence that form the basis of the case. |
| Detailed documentation | This includes keeping accurate records of all medical treatments, consultations, and expenses related to the injury. This documentation will be vital for both the legal process and establishing the financial impact of the injury. |
| Expert medical reports | Getting a comprehensive report from medical experts detailing how the injury occurred, the severity, and the long-term effects on the claimant. These reports play a crucial role in proving the link between negligence and the injuries. |
| Witness statements | Gathering statements from those who were present during the delivery, including medical staff or family members, can be important in verifying the circumstances of the incident and supporting the claimant’s account. |
| Financial impact assessment | A detailed evaluation of the financial costs incurred due to the injury. This includes medical expenses, lost income, and other costs associated with the injury, such as rehabilitation or home modifications. |
| Negotiation | This stage involves discussions between the claimant’s legal team and the defendants (usually the healthcare provider’s insurance company) to seek a fair settlement. The goal is to reach an agreement without needing to go to court. |
| Settlement discussions | Negotiating the terms of settlement, including the compensation amount and any non-monetary terms (such as future care provisions). Both parties will attempt to reach an agreement that avoids further legal action. |
| Compensation calculation | Accurately calculating the amount of compensation to be sought. This includes both economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering or emotional distress). |
| Mediation (if required) | If the negotiation phase does not lead to a settlement, mediation may be required. This involves a neutral third party helping both sides come to an agreement, often avoiding a lengthy court trial. |
| Resolution | The claim is resolved once an agreement has been reached. If a settlement is agreed upon, a settlement agreement will be drawn. If no agreement is reached, the case may proceed to court. |
Call us for confidential, free legal advice.
Time limits for forceps delivery claims
Time limits for forceps delivery claims vary depending on the age of the claimant.
Adults must file their claims within three years of the injury occurring. For children, claims can be filed until they reach the age of 21. In some special circumstances, extensions may be possible.
It is generally recommended to file a claim as early as possible to ensure better preservation of evidence.
How we can help
Our medical negligence team specialises in birth injury cases and understands the devastating impact these injuries can have on families.
We offer:
- Free initial consultation to discuss your case
- Home visits if you’re unable to travel
- Access to leading medical experts and specialists
- Support throughout the claims process
- Clear communication and regular updates
- No Win, No Fee arrangement.
