Salenger Sack Kimmel & Bavaro logo

SSKB Practice Areas

New York Forceps and Vacuum Extraction Injury Lawyer

A newborn baby is held by a gloved hand during delivery, surrounded by blue surgical drapes.

Legal Help for Families After Assisted Delivery Birth Injuries

The use of forceps or a vacuum extractor during childbirth can be medically appropriate in certain situations. These tools may help deliver a baby when labor has stalled, when the baby is showing signs of distress, or when a mother cannot safely continue pushing.

But when forceps or vacuum extraction are used improperly, applied with excessive force, used for too long, or chosen when a C-section would have been safer, the result can be serious harm to the baby or mother.

At Salenger, Sack, Kimmel & Bavaro, LLP, our New York birth injury lawyers review cases involving forceps delivery injuries, vacuum extraction injuries, newborn head trauma, brain bleeds, skull fractures, facial nerve injuries, brachial plexus injuries, Erb’s palsy, and other delivery-related trauma.

If your child was injured during a difficult delivery in New York, Long Island, Nassau County, Suffolk County, Queens, Brooklyn, the Bronx, Staten Island, Manhattan, Westchester, Albany, Buffalo, Rochester, or Syracuse, our medical malpractice attorneys can help determine whether medical negligence may have played a role.

Call 800-675-8556 for a free, confidential case review.

What Are Forceps and Vacuum-Assisted Deliveries?

Forceps and vacuum extractors are tools used in what is known as an assisted vaginal delivery or operative vaginal delivery.

Forceps are medical instruments placed around the baby’s head to help guide the baby through the birth canal. A vacuum extractor uses a suction cup attached to the baby’s head to help assist delivery while the mother pushes. The American College of Obstetricians and Gynecologists explains that assisted vaginal delivery may be used when there are concerns about the baby’s heart rate, when the mother has pushed for a long time, when labor has stalled, or when a medical condition limits safe pushing. 

Assisted delivery is not automatically malpractice. The legal issue is whether the doctor or delivery team used the tool appropriately, recognized the risks, and acted within accepted medical standards.

When Can Forceps or Vacuum Extraction Cause a Birth Injury?

Forceps and vacuum devices require skill, judgment, and careful timing. A birth injury lawsuit may arise when medical providers:

  • Use forceps or vacuum extraction when a C-section should have been performed
  • Apply excessive force or traction
  • Place the forceps or vacuum cup incorrectly
  • Continue using the device after failed attempts
  • Fail to monitor fetal distress
  • Fail to recognize shoulder dystocia or a baby stuck in the birth canal
  • Delay emergency delivery
  • Fail to properly evaluate the newborn after delivery trauma
  • Fail to inform parents about signs of possible injury

The Merck Manual notes that forceps and vacuum extraction may be used when the fetus is in distress, labor is prolonged, the mother is too tired to push effectively, or maternal medical conditions make pushing risky. It also identifies possible risks, including scalp bruising, retinal hemorrhage, shoulder dystocia, jaundice, and perineal injury. 

 

Common Injuries From Forceps Delivery

Forceps delivery injuries may affect the baby’s head, face, nerves, skull, or brain. Some injuries are temporary. Others may cause long-term developmental, neurological, or physical harm.

Possible forceps birth injuries include:

  • Skull fracture
  • Facial nerve palsy
  • Facial bruising or lacerations
  • Eye injury or corneal abrasion
  • Brain bleeding
  • Intracranial hemorrhage
  • Subgaleal hemorrhage
  • Seizures after birth
  • Brachial plexus injury
  • Erb’s palsy
  • Oxygen deprivation
  • Cerebral palsy
  • Developmental delays

Cleveland Clinic notes that risks to a baby from forceps delivery are often mild and temporary, but serious complications may include skull fracture and bleeding within the skull.

Common Injuries From Vacuum Extraction Delivery

Vacuum extraction may be used during the pushing stage of labor when delivery needs assistance. However, if the vacuum cup is improperly placed, suction is excessive, the device detaches repeatedly, or the procedure continues too long, the baby may suffer serious injury.

Possible vacuum extraction birth injuries include:

  • Scalp lacerations
  • Cephalohematoma
  • Subgaleal hemorrhage
  • Intracranial hemorrhage
  • Skull fracture
  • Brain bleeding
  • Seizures
  • Jaundice
  • Retinal hemorrhage
  • Newborn brain injury
  • Cerebral palsy
  • Developmental delays

Cleveland Clinic explains that serious vacuum extraction complications are rare but may include skull fracture, intracranial hemorrhage, and subgaleal hemorrhage. (Cleveland Clinic)

Warning Signs After a Forceps or Vacuum Delivery

Parents are often told that bruising or swelling after delivery is normal. Sometimes it is. But certain symptoms may suggest that the baby needs immediate medical evaluation.

Warning signs may include:

  • Seizures
  • Excessive sleepiness or lethargy
  • Poor feeding
  • Abnormal crying
  • Swelling on the scalp or head
  • Bruising that worsens
  • Pale or blue skin
  • Difficulty breathing
  • Weak muscle tone
  • One-sided weakness
  • Lack of arm movement
  • Facial drooping
  • Abnormal eye movement
  • NICU admission
  • Delayed milestones months later

If your child had a forceps-assisted or vacuum-assisted delivery and later developed neurological symptoms, developmental delays, cerebral palsy, Erb’s palsy, or other serious issues, the delivery records should be reviewed.

Should the Doctor Have Performed a C-Section Instead?

One of the most important questions in these cases is whether the doctor should have stopped the attempted vaginal delivery and performed a C-section.

A C-section may be safer in certain situations, including:

  • Prolonged labor
  • Abnormal fetal heart rate
  • Signs of fetal distress
  • Suspected large baby
  • Failure of the baby to descend
  • Shoulder dystocia
  • Umbilical cord issues
  • Multiple failed vacuum attempts
  • High or improperly positioned fetal head
  • Maternal or fetal instability

A malpractice case may exist if a doctor continued with forceps or vacuum extraction despite warning signs that assisted delivery was unsafe.

Medical Negligence in Forceps and Vacuum Extraction Cases

Not every forceps or vacuum injury is caused by negligence. These cases require a detailed medical review.

A lawsuit may be possible if the evidence shows that the doctor, hospital, nurse, or delivery team failed to follow accepted standards of care and that failure caused harm.

Examples of potential negligence include:

  • Failure to recognize fetal distress
  • Failure to order a timely C-section
  • Improper forceps placement
  • Improper vacuum cup placement
  • Excessive pulling or twisting
  • Too many vacuum pop-offs
  • Continued use after failed attempts
  • Failure to monitor the baby after delivery
  • Failure to diagnose a brain bleed, skull fracture, or nerve injury
  • Failure to properly document delivery complications

These claims often require review of fetal monitoring strips, labor and delivery notes, operative reports, NICU records, imaging studies, pediatric neurology records, and expert medical opinions.

Compensation in a Forceps or Vacuum Extraction Birth Injury Lawsuit

A serious birth injury can affect a child for life. Compensation in a New York birth injury lawsuit may include damages for:

  • Past and future medical care
  • Hospitalization
  • Neurology care
  • Surgery
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Assistive devices
  • Special education services
  • Home modifications
  • Future care needs
  • Pain and suffering
  • Loss of quality of life
  • Long-term financial impact on the family

In severe cases involving brain injury, cerebral palsy, seizures, or permanent nerve damage, the cost of future care can be substantial.

Why Families in New York Contact SSKB

Families facing a birth injury need answers, not generic legal promises.

SSKB handles serious medical malpractice and birth injury cases involving complex medical records, expert review, and long-term damages. Our attorneys investigate whether doctors, hospitals, nurses, or delivery teams failed to respond properly during labor, delivery, or newborn care.

We review cases involving:

  • Forceps delivery injuries
  • Vacuum extraction birth injuries
  • Newborn brain damage
  • Skull fractures
  • Brain bleeds
  • HIE
  • Oxygen deprivation
  • Cerebral palsy
  • Erb’s palsy
  • Brachial plexus injuries
  • Shoulder dystocia
  • Delayed C-section injuries
  • NICU negligence

Speak With a New York Birth Injury Lawyer

If your child was injured after a forceps or vacuum-assisted delivery, you may have questions about what happened and whether it could have been prevented.

Salenger, Sack, Kimmel & Bavaro offers free, confidential case reviews for families throughout New York.

Call 800-675-8556 or contact us online today.
There is no fee unless we recover compensation for you.

FAQs

What is a forceps delivery injury?

A forceps delivery injury is harm caused to a baby or mother during a delivery where forceps are used to assist childbirth. Potential injuries may include facial bruising, facial nerve injury, skull fracture, brain bleeding, or nerve damage.

What is a vacuum extraction birth injury?

A vacuum extraction birth injury occurs when a baby is harmed during a vacuum-assisted delivery. Potential injuries include scalp lacerations, cephalohematoma, subgaleal hemorrhage, intracranial hemorrhage, skull fracture, jaundice, or brain injury.

Is a forceps or vacuum delivery always medical malpractice?

No. Forceps and vacuum extraction can be appropriate when used correctly. A malpractice case may exist if the tool was used improperly, used when a C-section was safer, or caused injury because the medical team failed to follow accepted standards of care.

Can vacuum extraction cause brain damage?

In rare cases, vacuum extraction may contribute to serious complications such as intracranial hemorrhage or subgaleal hemorrhage, which can lead to brain injury if not promptly recognized and treated. (Cleveland Clinic)

Can forceps cause facial nerve damage?

Yes. Facial nerve injury is a known possible complication of forceps delivery. Some cases are temporary, but severe trauma may lead to longer-term problems.

What are signs of a birth injury after forceps or vacuum delivery?

Signs may include seizures, abnormal swelling, bruising, poor feeding, difficulty breathing, facial drooping, lack of arm movement, weak muscle tone, NICU admission, or delayed developmental milestones.

How do I know if my child has a birth injury lawsuit in New York?

A birth injury lawsuit may be possible if your child suffered serious harm and medical records show that a doctor, hospital, nurse, or delivery team failed to meet accepted medical standards. An attorney can review the records with medical experts.

What Our Clients Are Saying

“The SSKB law firm made the right decision in adding you to their expert team of lawyers. In the future, there isn’t any other firm that I would consider to represent me.”

Jim W.

“Thank you Deborah Kurtz for being my attorney and fighting for me!”

Edwin S.

“Deborah Kurtz is a straight shooter and plays no games all while maintaining the highest level of professionalism.”

Joe M.

“I had them for a case that was very difficult this firm was the best very caring and concerned I was treated like family.”

Robbie J.

“I would highly recommend them due to the fact that during a difficult time, they made the process very straightforward with excellent results.”

Ciara L.

“This being a FELA case it was a very difficult case to handle. This firm came highly recommended to me and I now I know why.”

Joseph B.

“We were so fortunate to find this firm through a recommendation and now we have used them twice for unrelated matters. They have become our “lawyers for life”!”

Dublinshar K.

“Everyone at Salenger, Sack, Kimmel, and Bavaro was respectful and knowledgeable and kept me informed of all proceedings relative to my case as they were occurring.”

Patricia F.
Call Me
We'll call you!
Consent*
Email Us
Send any details you'd like, and we'll get back to you shortly.
Consent*