Forceps delivery injuries in New Jersey may give rise to a medical malpractice claim when healthcare providers fail to meet the standard of care during assisted vaginal birth. Improper forceps use can cause serious harm to newborns, including facial nerve damage, skull fractures, and brain bleeding. New Jersey law gives families until a child’s 13th birthday to file a birth injury lawsuit, though acting sooner helps preserve evidence and strengthens your case.
The Grossman Law Firm has represented families throughout New Jersey in complex medical malpractice matters. We understand how these cases work in New Jersey courts and what it takes to hold negligent healthcare providers accountable for preventable birth injuries. In our 27+ years of law practice, we’ve obtained millions in compensation for New Jersey families, helping them access high-quality care after the harm they suffered.
Free consultation with The Grossman Law Firm. We never charge anything unless we win compensation for you. Call us today at (732) 625-9494.
What Are Forceps, and When Are They Used?
Forceps are curved metal instruments that look similar to large tongs. Doctors use them to grasp a baby’s head and guide the child through the birth canal during complicated deliveries. The American College of Obstetricians and Gynecologists recognizes forceps delivery as a valid technique when specific conditions are met.
Healthcare providers may consider forceps delivery when:
- The mother is exhausted and unable to push effectively
- The second stage of labor has stalled
- Fetal heart rate monitoring shows signs of distress, or
- The mother has a medical condition that makes prolonged pushing dangerous.
However, forceps delivery isn’t appropriate in every situation. Medical guidelines establish clear prerequisites that must be met before a provider attempts this procedure:
- The cervix must be fully dilated.
- The baby’s position must be known.
- The membranes must be ruptured.
- The baby must be engaged in the birth canal at an appropriate level.
When providers ignore these requirements or lack proper training, the risk of injury increases significantly.
Common Forceps Related Birth Injuries
When forceps are applied incorrectly, used with excessive force, or attempted in inappropriate circumstances, newborns can suffer serious injuries. Some injuries are immediately apparent, while others may not become obvious until a child misses developmental milestones.
- Facial nerve injury occurs when pressure from forceps damages the nerves controlling facial muscles. This can cause temporary or permanent weakness on one side of the face.
- Skull fractures can happen when too much force is applied during delivery. Newborn skulls are soft and more vulnerable to injury than adult skulls. While many small fractures heal without intervention, more serious fractures can lead to complications.
- Intracranial hemorrhage refers to bleeding inside the skull or brain. This is one of the most serious forceps-related injuries and can result in long-term neurological problems.
- Brachial plexus injuries affect the network of nerves controlling the arm and hand. These injuries can result from excessive pulling or twisting during delivery.
- Cephalohematoma involves blood collecting between the skull and its covering membrane. Research shows this condition occurs in roughly 2.5% of vaginal births overall, but the risk rises to approximately 10% when forceps or vacuum extractors are used.
When Does Forceps Use Become Medical Malpractice?
Not every forceps injury results from medical negligence. Birth is inherently risky, and sometimes complications occur despite appropriate care. The question in a malpractice case is whether the healthcare provider’s actions fell short of the accepted standard of care.
Medical malpractice may exist when a provider:
- Uses forceps without meeting established prerequisites
- Applies excessive force during delivery
- Fails to abandon the attempt when appropriate progress isn’t occurring
- Uses forceps on a baby in an improper position
- Lacks adequate training in forceps delivery technique, or
- Fails to switch to cesarean delivery when forceps delivery isn’t succeeding.
Attorney Scott D. Grossman and The Grossman Law Firm work with qualified medical experts to evaluate whether the care provided met the standard expected of competent obstetricians in similar circumstances. This analysis forms the foundation of any birth injury malpractice claim.
New Jersey Forceps and Vacuum Delivery Birth Injury Lawsuit Requirements
New Jersey has specific rules governing medical malpractice lawsuits. Understanding these requirements helps families protect their legal rights.
- Statute of limitations: Under New Jersey law, medical malpractice claims must generally be filed within two years. However, for birth injuries, families have until the child’s 13th birthday to file a lawsuit. This extended timeframe recognizes that some birth injuries don’t become apparent until a child is older.
- Affidavit of merit: New Jersey courts require plaintiffs (claimants) to provide an affidavit from a qualified medical expert within 60 days of the defendant’s answer to the complaint. This affidavit must state that there’s a reasonable probability the healthcare provider did not meet the standard of care. The expert must have credentials matching those of the defendant.
- Standard of care: To prevail, you must show that the healthcare provider conducted differently from what a reasonably capable provider would have done under similar circumstances, and that this deviation caused your child’s injury.
While the extended deadline gives families time, there are good reasons to act sooner rather than later. Memories fade. Medical records can become harder to obtain. Healthcare providers retire or relocate. Building a strong case requires thorough investigation, and that work is easier when events are more recent.
How Forceps Injury Cases Are Evaluated
Birth injury cases involving forceps require careful review of medical records, consultation with qualified experts, and a thorough understanding of obstetric standards. The evaluation process typically examines:
- Whether appropriate prerequisites were confirmed before attempting forceps delivery
- How the forceps were applied and what technique was used
- Whether the provider responded appropriately to complications
- Whether the decision to continue with forceps rather than switching to cesarean delivery was reasonable
- What injuries occurred and their relationship to the delivery.
The Grossman Law Firm approaches each case with the attention to detail these matters require. We understand that behind every birth injury case is a family dealing with unexpected challenges and looking for answers.
Supporting Data on Birth Injuries and Forceps Injuries
Research provides important context for understanding forceps delivery risks. According to the New Jersey Department of Health, in 2023 alone, the state had 441 cases of obstetric trauma in births involving instruments such as forceps. NJ’s rate of obstetric trauma with instruments has been rising in recent years, from 106.45 in 2021 to 115.26 2023.
Nationwide, there has been a decline in instrument-assisted births. However, recent research shows that as of 2019, about 11% of mothers throughout the US still suffered injuries with the use of forceps or vacuum extractors.
These statistics highlight why proper training and adherence to established guidelines matter so much in forceps deliveries.
Frequently Asked Questions
How long do I have to file a birth injury lawsuit in New Jersey?
New Jersey law allows birth injury claims to be filed until the child’s 13th birthday. However, gathering evidence and building a strong case takes time. Starting the process earlier typically leads to better outcomes.
What compensation can families recover in birth injury cases?
Families may recover compensation for medical expenses (past and future), therapy and rehabilitation costs, special education needs, adaptive equipment, pain and suffering, and loss of quality of life. The specific damages depend on the nature and severity of the injuries.
Do I need an expert witness for a birth injury case?
Yes. New Jersey requires an affidavit of merit from a qualified medical expert. This expert must have credentials appropriate to the type of provider being sued and must state that the standard of care was likely violated.
What if my child’s injury didn’t appear immediately?
Many birth injuries become apparent over time as children miss developmental milestones. New Jersey’s extended deadline for birth injury cases exists precisely because of this reality. If you suspect your child’s condition may be related to delivery complications, consulting with an attorney can help clarify your options.
Key Points to Remember
- Forceps delivery injuries may constitute medical malpractice when providers fail to meet the standard of care.
- New Jersey allows birth injury lawsuits to be filed until the child’s 13th birthday.
- An affidavit of merit from a qualified medical expert is required in New Jersey malpractice cases.
- Common forceps injuries include facial nerve damage, skull fractures, and intracranial hemorrhage.
- Early investigation helps preserve evidence and strengthen your case.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If your child suffered injuries during a forceps delivery, you deserve answers about what happened and whether negligence played a role. The Grossman Law Firm helps New Jersey families understand their legal options after birth injuries.
Scott D. Grossman, Esq. is a respected personal injury attorney serving clients throughout New Jersey.
Call (732) 625-9494 to schedule a free consultation and discuss how we can help your family.
