If medical negligence has set you back, we'll help you move forward
Birth injuries from forceps can have lifelong consequences for the child, with compensation claims covering medical care, ongoing therapy, and support for developmental challenges.
If your life, or the life of a loved one, has been affected by a forceps birth injury, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.
You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.
With 1,000 birth-related negligence claims reported each year, you are not alone
Assisted deliveries (ventouse or forceps) are used in about 1 in 8 childbirths (12.5%). Over recent years, the use of forceps in assisted childbirth has been questioned and remains a controversial subject.
During a difficult birth, forceps fit around a baby's head and are used to gently pull and aid a difficult delivery.
Forceps misuse in childbirth can have serious consequences. 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.
Over 1,200 pregnancy and birth claims were received by NHS Resolution in 2022-23 (resolution.nhs.uk).
If you or your child was injured as a result of a medical professional failing to adhere to the recommended forceps procedures, a compensation claim may be possible.
If you decide to make a claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
If you need information on forceps or vacuum deliveries, visit: (nhs.uk).
How much compensation can I claim for a forceps birth injury?
Your claim for a forceps birth injury will be based on:
- how significant your injury is,
- the effect of your injury on your everyday routine and your job,
- any financial burdens or costs arising from your injury.
Forceps birth injury
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include lost earnings, bonuses and overtime, or any other out of pocket expenses.
Special damages may also be awarded for medical treatments or procedures that you might need to treat a forceps birth injury, including diagnostic imaging tests, surgical repair and physical therapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average forceps birth injury compensation payouts
The following forceps birth injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Facial scarring
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A hardly noticeable scar (or scars) | £1,890 to £3,920 |
| Moderate | A single scar that can be camouflaged with makeup, or multiple small scars that don't markedly affect your appearance | £4,380 to £15,250 |
| Significant | Significant scarring where the worst affects are reduced by cosmetic surgery, and/or with causing a psychological impact | £10,110 to £33,380 |
| Serious | Substantial disfigurement and/or a significant psychological impact | £19,930 to £53,720 |
| Severe | A younger person (under 30) with substantial disfigurement and/or a significant psychological impact | £33,040 to £107,990 |
Head & brain injuries
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minimal brain damage with headaches and/or ongoing symptoms | £2,450 to £14,160 |
| Moderate - level 1 | Good recovery, but with ongoing symptoms (e.g. poor concentration and memory) | £17,000 to £47,770 |
| Moderate - level 2 | Your ability to work is reduced, and ongoing symptoms include poor concentration and memory, and a risk of epilepsy | £47,770 to £100,650 |
| Moderate - level 3 | Your ability to work is greatly reduced, and you have ongoing care needs | £100,650 to £166,540 |
| Moderate - level 4 | Ongoing symptoms include a moderate to severe intellectual deficit, personality change, damage to sight, speech and/or senses, and a risk of epilepsy | £166,540 to £243,040 |
| Severe | Symptoms include serious physical and/or cognitive disability that requires constant care, a risk of future medical issues and reduced life expectancy | £243,040 to £312,860 |
| Very severe | Full time nursing care is required | £312,860 to £448,180 |
Non-facial body scars
| Severity | Example | Amount |
|---|---|---|
| Minor | Burns with scarring and ongoing pain | £2,630 to £8,690 |
| Moderate | Scarring such as an exploratory laparotomy scar | Around £9,590 |
| Serious | A noticeable laceration scar or single disfiguring scar | £8,690 to £25,220 |
| Severe | Severe burns with continuing pain and psychological injury | Up to £116,300 |
Psychiatric harm
| Severity | Example | Amount |
|---|---|---|
| Lesser | Falling short of specific phobias | £1,710 to £6,500 |
| Moderate | Your daily life, ability to work and relationships are affected, but some recovery is expected with treatment | £6,500 to £21,150 |
| Serious | Your daily life, ability to work and relationships are seriously affected | £21,150 to £60,840 |
Am I entitled to make a forceps birth injury claim?
You can start a compensation claim for a forceps birth injury, if:
- you were injured in the last 3 years, and;
- another person was at fault, and;
- that person owed you a legal duty of care.
Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
How long do I have to start a forceps birth injury claim?
You usually have 3 years to make a forceps birth injury claim. The timelimit starts from the date you discovered you were injured by negligent care (the date of knowledge).
Types of forcep injuries
Child injuries
Misuse of forceps in childbirth can lead to severe consequences, including serious injuries or even fatalities. Typical injuries suffered by the baby include:
- Facial injuries like bruising or cuts
- Skull fractures in the baby's skull.
- Brain damage
- Facial nerve damage leading to temporary or permanent facial palsy.
- Seizures
- Intracranial haemorrhage
- Cephalohematoma which is a collection of blood under the scalp, sometimes leading to jaundice
- Brachial plexus Injury leading to movement issues.
- Eye injuries
- Neck and spinal Injuries
Injuries to the mother
Forceps misuse can also result in the mother sustaining injuries, including:
- Vaginal tears
- Injury to organs in the pelvic area, such as the bladder or urethra.
- Pelvic floor damage leading to long-term issues like incontinence or prolapse.
- Haemorrhaging and anaemia
- Infection
- Pain and discomfort
- Psychological trauma
- Sexual dysfunction
Claiming for negligence
Medical negligence occurs when healthcare providers' actions or omissions fall below the accepted medical standards. To establish negligence, it must be proven that medical staff failed in their duty of care and that this failure directly caused the injury.
If you or your child have suffered due to forceps misuse or other birth-related injuries, we offer a free consultation to discuss your options and assess your claim.
Birth injury clinical negligence claims
Clinical negligence is the most common basis for forceps birth injury claims. Click the icon below for details on the claims process.
Can I make a no win, no fee forceps birth injury claim?
Yes. With no win, no fee, you can claim forceps birth injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a medical negligence specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
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Home | RCOG (reviewed: 28/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.