Philadelphia forceps injuries lawyer
A Lawsuit Can Help You Achieve Justice
If your baby was injured because a doctor improperly used forceps during the delivery, that is a terrible tragedy. It’s only fair that the doctor should be held legally responsible for the harm caused by their negligence.
Forceps Injuries May Be Medical Malpractice
When a doctor uses forceps improperly during the delivery of a baby, the newborn may be seriously injured. There’s a risk of nerve damage, skull fracture, brain bleeding, permanent disfigurement, or other serious consequences.
Not all birth injuries are due to medical malpractice. Bad outcomes may happen that are no one’s fault. However, if the doctor did not use the appropriate level of skill while delivering your baby, you may be able to file a medical malpractice lawsuit on your child’s behalf.
In addition to the doctor who used the forceps during delivery, other people and organizations may, in some cases, also be liable for medical malpractice. These may include the hospital and other medical professionals involved in the delivery.
Forceps injuries can be devastating, and the compensation awarded can be as high as millions of dollars.
For a free consultation and case review to find out if you should consider filing a lawsuit, call the experienced forceps delivery injury lawyers at (215) 569-0900.
Why Choose Us?
Wapner Newman Has an Outstanding Track Record of Success
When you need a Philadelphia forceps birth injury lawyer, Wapner Newman’s attorneys provide the experience and dedication required to help you pursue justice. We have won multimillion-dollar settlements in birth injury medical malpractice cases, including a $5 million settlement for a baby severely injured by improper forceps use.
In that case, the doctor failed to properly lock the forceps blades while using the forceps on the baby’s head. Another doctor told him repeatedly to stop using the forceps inappropriately, but the doctor wouldn’t stop. As a result, the baby suffered irreversible brain damage.
For a free consultation, contact our Philadelphia forceps injury legal team at (215) 569-0900.
How We Can Help
What a Wapner Newman Philadelphia Forceps Injuries Lawyer Will Do to Prove Your Medical Malpractice Case
Proving a forceps injury medical malpractice case is difficult, so it’s important that you have an experienced and knowledgeable forceps injuries attorney on your side. At Wapner Newman, we relish the challenge of taking on complex and challenging cases. We always feel gratified to have the opportunity to help obtain life-changing compensation for our clients.
If your baby was injured by a medical professional’s improper forceps use during delivery, and you become our client, we will:
- Investigate what happened and gather proof showing that the actions the doctor took during the delivery were negligent
- Investigate whether the hospital or any other entity or person should also be held legally accountable
- Consult with experts on the proper standard to use when evaluating whether a medical professional failed to meet the applicable standards and was therefore negligent
- Determine a target range of fair compensation by calculating the expenses and losses that your child has suffered because of the forceps injuries, as well as those your child is likely to have to deal with in the future
- Negotiate aggressively with the insurance company on behalf of you and your child
- Fight to get your child all the compensation that they deserve.
The Sooner You Get Started on Your Forceps Injury Case, the Better Your Chances of Success
To prove your case, your forceps injury lawyer will need to gather evidence showing that the doctor was negligent. The sooner your legal team can get started, the better. The memory of witnesses starts to fade over time. If there is physical evidence in your case, it could get degraded if you wait too long. Your lawyer will also need time to prepare a strong case that will help you get the maximum compensation available under the law.
If You Miss the Deadline to File, You Could Lose Your Right to Sue
Pennsylvania has a deadline, called the “statute of limitations” for when you can file a medical malpractice lawsuit. The law is complicated, and there are many special situations, but the time you have to file could be as little as two years after your baby’s birth. An experienced Pennsylvania forceps injury lawyer can tell you what the deadlines are in your situation.
If you don’t file in time, you may permanently lose your right to sue for the compensation you deserve.
How Doctors Can Be Negligent While Using Forceps
Using Forceps Improperly
Using forceps properly during a delivery takes a great deal of skill and concentration. If the doctor does not have the required skill or makes a negligent mistake, they may have committed medical malpractice.
Using Forceps When That Is Not the Best Option
Forceps should only be used in certain situations. Healthcare providers need to rely on their professional judgment to decide whether to use forceps or if other options are better, such as using vacuum extraction or performing a C-section. If healthcare providers were negligent in making their decision, they may be liable for medical malpractice.
Why File a Lawsuit for Forceps Injuries?
When you’re about to have a baby, you rely on your medical team. You put your trust in them. They are there to help you. When a medical professional makes a careless mistake and causes you or your baby harm, it feels like a shocking betrayal.
When medical professionals harm your baby, it feels like a shocking betrayal.
When babies are severely injured by forceps injuries, they may face a lifetime of challenges stemming from their injuries, as well as ongoing medical bills. By seeking compensation with a lawsuit, you can help ensure that your child will be able to afford the medical treatment and other help they need for as long as they need it. It’s only fair that the parties whose negligence caused your child’s challenges should be held responsible for paying for the associated costs.
It’s about more than the money, though. It’s also about accountability. When you win a lawsuit against a negligent doctor, you are holding that doctor accountable for the harm they have caused. You are putting all doctors on notice that they need to be responsible when treating their patients.
What Do You and Your Lawyer Have to Prove in a Forceps Injury Lawsuit?
Establishing the Medical Standard of Care
One of the most important and complex parts of a forceps malpractice lawsuit involves proving that the doctor was negligent. In medical malpractice lawsuits, negligence means breaching the applicable medical standard of care and, because of that breach, causing harm to a patient.
Doctors commit medical malpractice when they harm a patient by breaching the medical standard of care.
In a forceps injury case, the standard of care would be the type of care that a reasonably skilled and competent obstetrician from the same community and with a similar background to the doctor who delivered your baby would have provided under the same circumstances. What that means is that your obstetrician’s actions while using the forceps will be compared against the actions that any similar obstetrician should have taken in the same situation if that obstetrician was competent.
This is a highly technical area of the law. Your forceps injuries lawyer will probably consult with a medical expert, who will provide expert testimony about what the appropriate standard of care was in your situation, how your doctor deviated from that standard, and how that deviation caused or contributed to your baby’s injuries.
How Much Compensation Can You Receive in a Forceps Injury Case?
The amount of compensation is often substantial in a forceps injury case, because birth injuries are tragic. Your child may have lifelong disabilities and an ongoing need for medical treatment and therapy. The settlement may cover compensation for medical expenses, expected lost income, and loss of quality of life. A forceps injury lawyer will gather evidence, which may include expert medical and economic testimony, to show the total expected expenses and losses stemming from the forceps injuries.
How much does it cost to hire a forceps injury lawyer in Philadelphia?
A forceps injury lawyer will not charge clients any fee until they win their case, and then the lawyer’s fee will be a percentage of the settlement.
Do I need a lawyer to sue a doctor for forceps injuries?
Yes, forceps injury cases are complex. You will need a lawyer with experience in medical malpractice.
Get Help From a Forceps Injury Lawyer Today
Every birth injury case is tragic, and the Wapner Newman legal team is deeply committed to achieving justice for injured children and their parents. The Philadelphia forceps injury lawyers at Wapner Newman is ready to talk with you about what happened, answer your questions, and advise you on whether you have a good case for pursuing a medical malpractice lawsuit. Call us at (215) 569-0900 for a free consultation.