Improper Use of Forceps or Vacuum Extraction: Legal Risks in Birth Injury Cases
The Risks of Operative Vaginal Deliveries
Forceps and vacuum extraction are tools used during operative vaginal delivery when labor is not progressing or when the baby shows signs of distress. While these instruments can assist in avoiding a cesarean section, improper or negligent use may result in severe, lifelong injuries to both the infant and mother.
When birth injuries occur due to the incorrect use of these tools, the legal implications can be substantial, and the burden of proof falls heavily on medical-legal evidence.
Risks to the Infant
Improper forceps or vacuum extraction can result in traumatic birth injuries, including:
Skull fractures
Especially when excessive traction or incorrect positioning is used
Intracranial hemorrhage (brain bleeds)
Risk increases with multiple vacuum pop-offs or prolonged attempts
Facial nerve palsy
Damage to cranial nerves can lead to asymmetry, difficulty feeding, or permanent facial paralysis
Cephalohematoma or Subgaleal Hemorrhage
Blood accumulation under the scalp, which may signal deeper brain trauma
Shoulder dystocia-related injuries
Improper use can worsen positioning, contributing to brachial plexus injury
Risks to the Mother
The dangers aren't limited to the infant. Mothers subjected to excessive force or multiple failed attempts may suffer:
Severe vaginal or perineal tears
Including third- and fourth-degree lacerations requiring surgical repair
Pelvic floor dysfunction
Causing chronic pain, organ prolapse, or urinary/fecal incontinence
Postpartum hemorrhage
Due to trauma or uterine atony exacerbated by prolonged labor and instrumentation
Long-term incontinence or sexual dysfunction
Resulting in decreased quality of life
Legal Implications: When Instrument Use Becomes Malpractice
Attorneys handling birth injury or OB malpractice cases should understand the standard of care around operative vaginal deliveries. This includes:
Using forceps or vacuum only when clinically indicated
Limiting duration and number of traction attempts
Ensuring informed consent was obtained
Documenting fetal position and station accurately before applying instruments
Escalating to cesarean section if delivery does not progress quickly
Failure to meet these standards may constitute medical negligence, and the provider, hospital, or both could be held liable.
How Lexcura Summit Supports Birth Injury Litigation
At Lexcura Summit, we partner with attorneys to build strong, timely cases backed by board-certified clinical expertise and litigation-ready reports.
Our Services Include:
✅ Medical Chronologies – Accurate timelines of labor, delivery events, and intervention decisions
✅ Narrative Summaries – Clear, clinician-written overviews of standard of care breaches
✅ Life Care Plans – For infants with long-term disabilities from birth trauma
✅ Expert Rebuttal & Defense Reports – From OB nurses, physicians, and legal nurse consultants
✅ HIPAA-compliant, 7-day delivery – With 2–3 day rush options available
Timing Matters: Preserve Medical Evidence Early
Medical records such as fetal monitoring strips, delivery notes, and OB operative reports may be purged or lost within 12–24 months. Early medical-legal review ensures preservation of critical evidence.
Contact Lexcura Summit Today
If your client’s child suffered birth trauma—or the mother sustained severe delivery injuries—due to forceps or vacuum misuse, let Lexcura Summit help you build a compelling case.
🌐 www.lexcurasummit.com
📞 (352) 703‑0703
