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Federal Government Settles Forceps Injury Case

The federal government has just agreed to settle a medical malpractice/birth injury lawsuit on behalf of the family of a child who sustained a substantial injury at birth. According to the medical malpractice suit, the obstetrician employed by a federally funded health clinic unnecessarily used forceps to deliver the child. The boy was born with a severe brain injury.

Forceps are intended to be used as a last measure to assist in the delivery of babies. When used incorrectly, the potential for injury is high. It is important that not too much force or pressure is placed on the baby’s head. If excessive force is used, often-times catastrophic birth injuries such as brain injuries, cerebral palsy and developmental delays can occur.

In this instance, the use of forceps was unwarranted, and when the surgeon did use them he misapplied them – pulling with “excessive force” leading to a skull fracture, and subsequent brain bleeding and damage to the boy’s cerebellum.

Following a bench trial, a judge determined that the obstetrician who performed the delivery violated the standard of care, and that this breach of care caused the boy’s injury. He further noted that the boy’s injuries are severe, permanent, and will prevent (the child) from performing life’s basic functions and caring for himself.” The majority of the award will be used to cover future medical care. Additional damages were awarded for pain and suffering and future lost wages.

For more information or if you believe your child suffered a birth injury due to medical negligence, please contact our California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.

Categories: Brain Injuries
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