Medical Malpractice During Assisted Vaginal Delivery

medical malpractice lawyers Bend OR

Birth Injury Lawyer For Medical Malpractice During Assisted Vaginal Delivery in Oregon

Babies are born vaginally every day without complication. While some people are able to birth their baby vaginally without any assistance, many women need assistance during the final stages of delivery to deliver the baby from the birth canal. When assistance is required, it is referred to as an assisted vaginal delivery, or operative delivery. There are many reasons why an assisted vaginal delivery may need to be performed and many babies are born every day without complications from the delivery. However, there are instances in which an assisted vaginal delivery is not indicated, or it is indicated but is improperly performed, leading to harm of the infant. When assisted delivery is used unnecessarily, or is used improperly and it results in harm of the baby, it is considered to be medical malpractice during assisted vaginal delivery.

If you or a loved one sustained any type of personal injury during an assisted vaginal delivery, call our experienced medical malpractice lawyer in Oregon and Minnesota for help.  We can help you and your family recover compensation.  First, if you were injured or if your partner was injured during an assisted vaginal delivery, her and your family may be entitled to compensation.  This is because of her personal injuries which she can claim, plus a loss of consortium for you.  Second, if your newborn baby was injured, you and your partner may be entitled to compensation both individually and on behalf of your child.  Ask our birth injury lawyer for help after medical malpractice during assisted vaginal delivery causes serious personal injuries to you.

Indications for Assisted Vaginal Delivery

According to the American College of Obstetrics and Gynecologists, assisted vaginal deliveries are indicated in the following circumstances:

  • The mother has pushed for a long time, but the baby is not making progress down the birth canal
  • There are signs of fetal distress (i.e. a drop in heart rate during labor)
  • The mother is exhausted and is unable to physically continue to push
  • The mother has a condition that makes effective pushing challenging, requiring an assistive vaginal delivery (i.e. heart condition)

Complications from Operative Deliveries

Operative delivery carries additional risks, and it is always important for the physician to evaluate those risks and benefits before choosing to pursue that avenue. It is also essential that those risks are communicated to the mother before proceeding. While there are known risks associated with this method, there are instances in which complications occur during an assisted vaginal delivery that could have been avoided. Examples of complications due to improper use of assisted delivery devices include the following: 

  • Hematoma
  • Hydrocephalus
  • Brain injury due to external head trauma from the use of forceps or vacuum extractor
  • Bruising 
  • Intracranial hemorrhage
  • Need for episiotomy 
  • Subconjunctival hemorrhage
  • Skull fractures
  • Brachial plexus injuries

Medical Malpractice Related to Assisted Vaginal Deliveries

Sometimes, a physician may inappropriately perform an operative delivery, leading to harm of the baby. Examples of this which can be considered to be medical malpractice include the following:

  • Use of assistive tools for a baby that is less than 34 weeks gestation
  • Use of a vacuum extractor for a baby that has already had repeated attempts at fetal scalp electrode placement
  • The baby weighs more than 10 pounds
  • Use in the situation of cephalopelvic disproportion
  • Use of the wrong sized forceps
  • Attempt for operative delivery when a c-section is indicated
  • Use of both a vacuum extractor and forceps; only one method should be used if required
  • Use of too much suction with a vacuum extractor
  • Use of too much force with the use of forceps
  • Incorrect placement of the vacuum extractor
  • Use of a vacuum extractor for a prolonged period of time
  • Excessive pulling or twisting of the baby
  • Use of extraction tools when the baby’s head is not yet engaged or when the cervix is not yet fully dilated

Compensation for Medical Malpractice During Assisted Vaginal Deliveries

There are many different types of birth injuries which a baby could sustain.  There are also many different types of medical malpractice injuries that a mother could sustain during a botched delivery.  A physician’s mistakes can really result in permanent and disabling injuries to everyone involved.  A medical malpractice lawyer in Oregon like ours can help you recover compensation for nearly any type of botched delivery.  This includes some of the following forms of compensation:

  • Past pain and suffering (mother and baby)
  • Future pain and suffering (mother and baby)
  • Emotional suffering (all)
  • Medical bills (mother and baby)
  • Lost wages (all)
  • Lost future earnings (all)
  • Loss of consortium (all)
  • Need for nursing care and attention 
  • Modifications to one’s home or vehicle
  • Punitive damages for really egregious and unlawful conduct that shocks the conscious 
  • Any other damages related to the healthcare of the mother or baby, and in some instances, the father (but not common).

Damages also include the wrongful death of the mother or the baby.  These are really devastating injuries that can only be caused when a healthcare provider’s negligence is catastrophic and egregious enough to kill a healthy adult or a precious baby.  Medical malpractice during assisted vaginal delivery that is not down properly could absolutely result in fatal injuries to the mother or to the baby.  This can result in a big lawsuit against the doctor, nurses, practice group, and hospital—anyone who could have caused the injuries.

Birth Injuries Caused By Medical Malpractice During Assisted Vaginal Delivery Should be Reviewed by Us

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

For a free case evaluation


(541) 385-1999 in Bend, Oregon
(503) 479-3646 in Portland, Oregon
(612) 444-3374 in Minnesota

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