Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What injuries can forceps cause during delivery?
Improper forceps use can cause a range of serious birth injuries, including facial nerve damage (facial palsy), skull fractures, intracranial hemorrhage, brachial plexus injuries such as Erb’s palsy, and hypoxic-ischemic encephalopathy (HIE) from oxygen deprivation. Some injuries are apparent at birth; others, like developmental delays or cerebral palsy, may not be fully recognized until the child reaches early childhood milestones.
When is forceps use considered medical malpractice in New York?
Forceps use may constitute medical malpractice when an obstetrician applies them in contraindicated circumstances, uses excessive force, misapplies the blades, or fails to abandon the procedure and perform an emergency C-section when complications arise. New York courts evaluate whether the physician deviated from the accepted standard of obstetric care — meaning what a reasonably competent OB in New York would have done under the same conditions. Expert testimony from a qualified obstetrician is required to establish the deviation.
How long do families have to file a forceps injury lawsuit in New York?
For medical malpractice claims involving injuries to minors, New York’s CPLR §208 tolls the statute of limitations until the child reaches age 18. Combined with the standard two-and-a-half-year malpractice SOL, this means a claim can be filed up until the child’s 21st birthday (approximately age 21.5 from the injury date). However, building a strong case requires preserving evidence and obtaining expert review early, so families should consult an attorney well before the deadline.
What compensation can a family recover in a New York forceps injury lawsuit?
In a successful New York birth injury malpractice case, recoverable damages can include past and future medical expenses (including lifelong care costs for permanent injuries), lost earning capacity, pain and suffering, and loss of enjoyment of life. New York does not cap economic damages in medical malpractice cases, meaning courts can award the full value of future care needs. Non-economic damages for pain and suffering are also uncapped in New York, unlike in many other states. Each case turns on its own facts, and no specific outcome can be guaranteed.