Improper Use of Forceps Medical Malpractice in Chicago

Forceps are metal, tong-like instruments that doctors use to grip a baby’s head and guide it through the birth canal during a difficult delivery. When used correctly and in the right circumstances, they can be a legitimate tool. When used improperly, they can cause devastating injuries to both the baby and the mother. If your child was harmed during a forceps delivery at a Chicago hospital, you may have grounds for a medical malpractice claim. The attorneys at Chicago personal injury lawyer firm Briskman Briskman & Greenberg have represented families affected by birth injuries and understand what these cases require under Illinois law.

Table of Contents

• What Makes Forceps Use During Delivery a Form of Medical Malpractice
• Injuries That Can Result From Improper Forceps Use
• Illinois Law and Your Right to Compensation After a Forceps Injury
• Filing Deadlines for Forceps Injury Malpractice Claims in Illinois
• How Briskman Briskman & Greenberg Handles Forceps Malpractice Cases in Chicago
• FAQs About Improper Use of Forceps Medical Malpractice in Chicago

What Makes Forceps Use During Delivery a Form of Medical Malpractice

Not every forceps delivery that results in injury is malpractice. The key question is whether the doctor met the accepted standard of care. A standard of care is the level of skill and treatment that a reasonably competent doctor in the same specialty would provide under similar circumstances. When a doctor’s conduct falls below that standard, and that failure causes harm, it may constitute medical malpractice under Illinois law.

Forceps delivery becomes negligent in several specific ways. Applying the instruments when the baby’s head position has not been properly confirmed is one common error. Using excessive traction or rotating the baby’s head at the wrong angle is another. Continuing a forceps attempt when progress has stalled, rather than transitioning to an emergency cesarean section, can also cross the line into negligence. Both forceps and vacuum extraction-assisted deliveries require careful performance, precise timing, and sound judgment, and improperly using either method, using too much force, or using the tools for too long can cause injury.

As C-sections become more common, many doctors now have less hands-on experience with forceps-assisted deliveries, contributing to improper use. That lack of experience does not excuse the harm it causes. A doctor who lacks the training to use forceps safely has a responsibility to recognize that limitation and choose a safer delivery method.

Illinois requires that any medical malpractice claim be supported by an expert review before it is filed. Under 735 ILCS 5/2-622, the Healing Art Malpractice statute, the plaintiff’s attorney must attach an affidavit to the complaint confirming that a qualified health professional has reviewed the case and found a reasonable and meritorious basis for the claim. That reviewing professional must have practiced or taught in the same area of medicine within the last six years. This requirement exists to screen out frivolous claims, but it also means your attorney needs to build your case carefully from the start.

Injuries That Can Result From Improper Forceps Use

The injuries caused by negligent forceps use can range from temporary to permanent. Some resolve on their own within weeks. Others follow a child for life. Understanding the full range of potential harm is important when evaluating the scope of a claim.

In some cases, head injuries from forceps negligence can result in permanent damage to the baby’s brain, and forceps misuse can also result in nerve injuries such as Erb’s Palsy, which occur when the doctor uses excessive force or lateral traction when pulling the baby out. Erb’s Palsy is a condition that affects the brachial plexus nerve network, which controls arm and hand movement. Depending on the severity, a child with Erb’s Palsy may face limited arm function, require surgery, and need years of physical therapy.

Another common injury associated with the use of forceps is facial nerve injury, often caused by pressure on the facial nerve by forceps during delivery, which can cause loss of movement or motion on the affected side of the face. While some facial nerve injuries resolve without treatment, others do not.

Improper use of forceps can cause skull fractures, brain bleeding, or long-term brain damage. Brain bleeding during delivery can lead to conditions like hypoxic ischemic encephalopathy (HIE), a type of brain injury caused by oxygen deprivation. Cerebral palsy is another potential outcome when brain injury occurs at birth due to negligent delivery technique. These are life-altering diagnoses that require lifelong care, and the financial and emotional weight on families is immense.

Mothers also suffer injuries when forceps are used improperly. Lacerations to the vaginal walls, damage to the bladder or urethra, and perineal tears are among the documented harms. These injuries can cause chronic pain, incontinence, and long-term complications that affect a mother’s quality of life for years after delivery.

Illinois Law and Your Right to Compensation After a Forceps Injury

Illinois law gives injured patients and their families the right to pursue compensation when medical negligence causes harm. Under Illinois Code of Civil Procedure, specifically 735 ILCS 5/2-1116, Illinois follows a modified comparative fault rule. This means that a plaintiff can still recover damages as long as their share of fault does not exceed 50 percent. If the plaintiff is found to be partially at fault, any damages awarded are reduced in proportion to that fault. In a forceps injury case, the mother or family is rarely, if ever, assigned fault, so this rule typically does not reduce recovery.

Recoverable damages in a forceps malpractice case can include past and future medical expenses, the cost of long-term therapy and rehabilitation, lost earning capacity for a child who sustains a permanent disability, and compensation for pain and suffering. Under 735 ILCS 5/2-1115, punitive damages are not available in medical malpractice cases in Illinois. However, the full range of economic and non-economic compensatory damages remains available and can be substantial in cases involving permanent injury.

If a forceps injury results in a child’s death, the family may also bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180. This statute allows surviving family members to recover damages caused by the wrongful act or neglect of another, including medical professionals whose negligence caused a fatal outcome.

Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps contingent fees at 33 1/3 percent of all sums recovered. This means your attorney only gets paid if you win, and the fee is capped by law. At Briskman Briskman & Greenberg, we handle medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. Please note that you may still be responsible for certain case costs and expenses, which we will explain clearly before you commit to representation.

Filing Deadlines for Forceps Injury Malpractice Claims in Illinois

Timing matters in every medical malpractice case. Miss the filing deadline and your claim is barred, regardless of how strong the evidence is. Illinois sets these deadlines under 735 ILCS 5/13-212, and they apply directly to forceps injury claims.

Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought, and in most cases there is also a four-year outside limit from the act or omission. This means that even if you do not realize right away that the forceps delivery caused your child’s condition, the clock is running from the moment you reasonably should have made that connection.

Birth injury cases involving children have a different and more protective deadline. Under 735 ILCS 5/13-212(b), when the person entitled to bring the action was under age 18 when the cause of action accrued, the claim generally may not be brought more than eight years after the act or omission that caused the injury or death, and in no event may the action be brought after the person’s 22nd birthday. This extended window gives families more time to recognize the full impact of a birth injury, especially when developmental delays or neurological conditions are not immediately apparent after delivery.

Do not let these deadlines mislead you into thinking you have unlimited time. Evidence degrades. Medical records become harder to obtain. Witnesses’ memories fade. The fetal monitoring strips from your delivery, the nursing notes, and the delivery room records are critical pieces of evidence that need to be preserved as early as possible. If you gave birth at Northwestern Memorial, Rush University Medical Center, Advocate Illinois Masonic, or any other Chicago hospital and believe your child was harmed by forceps misuse, contact our office now rather than later.

How Briskman Briskman & Greenberg Handles Forceps Malpractice Cases in Chicago

A forceps malpractice case requires more than general legal knowledge. It requires a team that understands obstetric standards of care, knows how to read fetal monitoring strips, and can work with qualified medical experts to build a case that holds up in court. Briskman Briskman & Greenberg has handled serious personal injury and medical malpractice cases in Chicago for decades. Our firm is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, steps from the Daley Center and the Richard J. Daley Plaza, where many Cook County civil cases are filed.

When you bring a forceps injury case to us, we start by gathering all available medical records from your delivery. We work with independent medical professionals who review those records and assess whether the standard of care was met. This expert review is not just a legal formality under 735 ILCS 5/2-622. It is a critical step that shapes the entire direction of your case. A skilled medical malpractice lawyer will use that expert review to identify exactly where the doctor’s conduct fell below acceptable standards and connect that failure directly to your child’s injuries.

We also look at the full picture of your child’s needs. A baby diagnosed with cerebral palsy, Erb’s Palsy, or a traumatic brain injury will likely need medical care, therapy, and support for decades. We work to make sure those future costs are fully accounted for in any demand or verdict. Families in neighborhoods from Wicker Park to Beverly, from Logan Square to Hyde Park, have trusted our firm with cases that matter deeply to them. We take that trust seriously.

If you are unsure whether what happened during your delivery qualifies as malpractice, the best first step is a free consultation. You can speak with a medical malpractice attorney at our firm without any obligation. We will listen to what happened, review the basic facts, and give you an honest assessment of whether a claim may exist. Call Briskman Briskman & Greenberg at (312) 222-0010 to get started. Families across the Chicago area, from the North Shore to the South Side, rely on our firm when medical negligence changes their lives. We are here to help you understand your rights and take the next step toward justice.

If you are also dealing with related concerns, such as whether your delivery team failed to respond to signs of fetal distress or whether a delayed emergency C-section contributed to your child’s injuries, those issues can often be part of the same claim. Our attorneys understand how these delivery-room failures connect, and we approach each case with the full context of what went wrong. Working with an experienced medical malpractice lawyer who understands labor and delivery negligence gives your family the best chance at a fair outcome.

FAQs About Improper Use of Forceps Medical Malpractice in Chicago

How do I know if my child’s injury was caused by improper forceps use?

You may not be able to tell on your own, and that is exactly why a medical expert review matters. Signs that warrant a closer look include skull fractures discovered after birth, a facial nerve injury, a diagnosis of Erb’s Palsy, cerebral palsy, or any brain injury that appeared after a forceps-assisted delivery. If your baby showed signs of distress during delivery and forceps were used, those facts together deserve a careful review by a qualified medical professional. An attorney at Briskman Briskman & Greenberg can help you get that review started. Call us at (312) 222-0010 for a free consultation.

Can I sue the hospital as well as the doctor who used the forceps?

Potentially, yes. If the doctor who performed the delivery was an employee of the hospital, the hospital may share liability under a legal theory called respondeat superior, which holds employers responsible for the negligent acts of their employees performed within the scope of their work. If the doctor was an independent contractor, the hospital’s liability is less automatic but may still exist depending on the circumstances. Determining the employment relationship and the hospital’s role in the delivery is part of what our attorneys investigate early in the case.

How long do I have to file a forceps injury malpractice claim in Illinois?

For an injured child, Illinois law under 735 ILCS 5/13-212(b) generally allows up to eight years from the date of the negligent act, but the claim cannot be filed after the child’s 22nd birthday. For a mother who was injured, the standard two-year discovery rule under 735 ILCS 5/13-212(a) applies, with a four-year outer limit from the date of the malpractice. These deadlines are strict, and waiting too long can permanently bar your claim. Contact our office as soon as possible to protect your rights.

What damages can my family recover in a forceps malpractice case?

Recoverable damages can include past and future medical bills, the cost of ongoing therapy and rehabilitation, lost future earning capacity for a child with a permanent disability, and compensation for pain and suffering for both the child and the mother. If the injury resulted in a death, surviving family members may bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180. Illinois does not allow punitive damages in medical malpractice cases under 735 ILCS 5/2-1115, but the full range of compensatory damages remains available. Each case is different, and the value of your claim depends on the specific facts and the severity of the harm.

Do I need a medical expert to file a forceps malpractice case in Illinois?

Yes. Illinois law under 735 ILCS 5/2-622 requires that any medical malpractice complaint be filed with an affidavit confirming that a qualified health professional has reviewed the case and found a reasonable and meritorious basis for the claim. That professional must have practiced or taught in the relevant area of medicine within the last six years. This requirement applies to every medical malpractice case, including birth injury claims involving forceps. At Briskman Briskman & Greenberg, we work with independent medical experts as part of our case-building process. A medical malpractice attorney at our firm can coordinate that review and ensure your claim is filed properly. You can also reach our team if you are outside of Chicago and need a medical malpractice lawyer familiar with Illinois birth injury law.