A Guide to Claiming Forceps Birth Injury Compensation

If your life, or the life of a loved one, has been affected by a forceps birth injury we can help.

The purpose of this guide is to help anyone who has suffered a forceps birth injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Forceps misuse in child birth can have serious consequences. Failure to adhere to the forceps regulations could justify pursuing a medical negligence compensation claim.

Over recent years, the use of forceps in assisted childbirth has been questioned and remains a controversial subject. Around 10-13% of babies are delivered in this manner in the UK every year. During a difficult birth, forceps fit around a baby's head and are used to gently pull and aid a difficult delivery.

The Royal College of Obstetricians and Gynaecologists state that if delivery is unsuccessful after three attempts with forceps, the method should be abandoned. Although the use of forceps is beneficial in most cases, this method can pose a significant risk to both mother and baby.

Misuse of forceps can have very serious consequences and could lead to fatality. Failure to adhere to the regulations for the use of forceps could lead to a claim for medical negligence.

Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error'.

Mother and baby

Duty of Care

As professionals, medical staff owe a duty of care to all their patients. In order to place a negligence claim, a claimant must be able to prove that a medical professional failed in this duty of care, that an individual suffered an injury as a result of the failure of duty and that the injury was caused by substandard care.

In the first instance, evidence would be gathered and witness statements collected. The amount of compensation available would be dependent on the result of the malpractice and any long lasting care that may be required.

If you have suffered as a result of medical negligence caused by misuse of forceps or birth related injury, Quittance offer a free, no obligation consultation to discuss your options and advise you if you have a claim.

No win, no fee, no risk

No win, no fee removes the risk from making a forceps birth injury claim. If you do not win any compensation, you won't have to pay your solicitor any legal fees.

No win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making a forceps birth injury claim, even if you don't win your claim.

What do I pay if I win my forceps birth injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my forceps birth injury claim?

If your forceps birth injury claim is not successful then you do not have to pay any legal fees at all.

Read more about how no win, no fee works

Please note, under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning medical negligence claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Forceps Birth Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert