Forceps birth injury compensation claims

The following article sets out what you should know about making a successful forceps birth injury compensation claim.

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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
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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.

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Meet the QLS team

Quittance's national network of solicitors handle all types of clinical negligence claims and have a wealth of expertise with fast track, complex and serious injury claims. Our solicitors are chosen for their years of specialist experience and their success rate in winning claims.

Click here to meet more of the QLS team.

Kevin Walker Serious Injury Panel Solicitor
Carol Cook Clinical Negligence Panel Solicitor
Lee Raynor Clinical Negligence Panel Solicitor
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No win, no fee forceps birth injury claims - the facts

Legal Aid is no longer available for injury claims.

Personal injury solicitors now work on a No Win, No Fee basis.

No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.

If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.

Read more about how a No Win, No Fee agreement works

Jonathan Speight, Senior litigator

About the author

Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).

Read more about this Quittance Legal Expert

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