Use of forceps without consent

Yesterday I had an elective c-section and after the surgery I noticed forceps marks on my baby’s face and was told that forceps were used to turn my baby. I was never asked for consent to use the forceps although I was awake (there was a curtain between my head and the surgeons so I could not see what they were doing). One of the reasons why I chose to have an elective c-section was to avoid the use of any instrument on my baby’s head, so I am shocked and furious that forceps was used on my baby without consent. Did anyone go through something like that? What are my legal options in this case?
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They should’ve gotten consent

I had a section and they used forceps to get his head out. Luckily he wasn’t left with any marks but I know they didn’t ask me directly if it was ok. I suppose in the moment they do what’s necessary to get the baby out safely, like they would with a vaginal birth. I remember signing documents before getting my section but that was maybe about the spinal so I’m not sure if there was anything in that about using instruments. It’s probably really common because the size of the incision is tiny. I would speak to them about it and see what their rules are about consent xx

I was prepped for vaginal birth and then had to do an emergency c-section, they had to pull my baby out with the forceps due to her head being in the birth canal already - it left bruises on the side of her head back of her neck and chin and did not ask for consent mainly because her head was already in the birth canal and there was no other way - I should say the bruises went away within 5 days of her being born.

They have to intervene with forceps if baby is too far into birth canal. Being so close to your due date when they do a c section there’s always a chance of baby settling into birth canal which can be challenge hence why they try to do a c section at 39 weeks to prevent this but it’s not always the case, I would say they would not have done it unless it was absolutely necessary for delivery, they delivered your baby safely that’s all that matters! xx

This should have been part of the consent for C.Section as such. When you are on the table with an open abdomen it’s not a good time to discuss anything. Instrument is only used unless absolutely necessary, if there is no other way then there’s no other way. I understand how this is upsetting but if you had not given consent when asked during the surgery the consequences could have been disastrous.

Likely they will have done it in babies best interest.

I also had this happen and didn’t find out till asking for my birth notes a few months later. I literally would have been none the wiser if I didn’t ask for these.

I know you're not happy with the outcome, but let's he thankful you and baby are OK.

When you sign all your documents for section, it states that they will use whatever necessary to get baby out the safest way possible. And they won’t ask you due to you giving consent via paperwork etc as they will do what the need to to make sure you have a Happy healthy baby is all that matters and got here safely xx

As above, when you sign the documents before the section, it does mention about using whatever is necessary to ensure baby is out safely. I know I had that, as I remember thinking about it and I asked and it included a list of equipment. So if you’ve signed it, I don’t think you have much to go on. I know it’s frustrating, but they obviously used the forceps to ensure baby came out safely. Maybe see if you can have a birth debrief and you can discuss your concerns then.

You consented when you signed the consent form for the section. They state use of instruments where necessary within those consent forms.

you don’t have any legal options

I don't believe they ask for consent, they had to intervene in what they see as an emergency situation, they will have used them as they need to use them to help baby. It's a needs must situation. You being cut open is not the right time for them to ask your permission would have said no? They don't have time to explain. The bruises will fade

Legal options are you for real? For a bruise? They wouldn’t use forceps unless it was absolutely necessary and you will have consented to this when you signed the consent forms. Just be happy your baby came out healthy because others are not so lucky and actually have to involve solicitors to bring a case against a hospital for negligence

Having surgery to avoid the use of instruments? Mama, come on. The consent forms we signed say anything can be used and done to save our lives, mum and baby. Those consent forms you signed even say they can give you a full hysterectomy to save your life in theatre if it goes wrong. They had to turn him safely, that needed help. He was clearly in the birth canal and ready to go, especially if you were a week 39/40 elective section. You are both safe and healthy. Enjoy your first days as a mum, there’s no medical negligence case and I’m shocked it’s your overwhelming first thought. Wait till you get your surgical report and you’ll see why they intervened to help him.

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Just because you were booked in for a selective c section doesn't mean there wasn't an emergency when delivering your baby. If the baby was stuck what do you want them to do, how do you expect them to get baby out? You can always ask for a birth debrief as well.I would also say the NHS are covered by 'explained delivery of baby' I get it isn't what you wanted but it's a needs must

@Kath I think they prioritised making a smaller cut (which I didn’t ask nor care about) rather than taking the baby out in the safest way (ie with their hand(s)). If they had asked me I would have told them cut as much as you need but don’t use forceps on my baby.

You'll have signed paperwork that will state they will be used if medically necessary it's on the other page you didn't show with the risks etc. I remember seeing it for both of my emergency ones

I know it sucks baby has a bruise but it's a bruise. You also 100% do not know if forceps caused the brain damage or something else.

Pretty sure I read it on the consent forms. You can request your notes to double check but I’m fairly certain they cover themselves, it may not specifically say “forceps”.

They use them to lift baby up and out of your pelvis to avoid any head/brain injuries. I believe it should be discussed with you during consent taking prior to the operation or included in the forms. They wouldn’t ask for consent in that moment, because it’s the safer option and happens fairly often, depending on babys position. Unfortunately, you wouldn’t have a legal case in my opinion - those instruments are included in every c-section tray for if the head isn’t easily lifted out of the abdomen. There was no medical negligence, though your upset re the instrument confusion/bruise is understandable.

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