If your baby was cut during a vaginal or C-section delivery, you may be able to file a lawsuit to recoup the costs of the medical treatments your baby needed. The doctors and other members of your health care team may have been the source of painful and damaging fetal lacerations.
An attorney can help you understand the legal remedies available for you and your newborn. Call the Birth Injury Lawyers Group at 1-800-222-9529 to speak to an attorney who can help you understand your claim and know what to expect on each step of your legal journey.
Fetal Lacerations Lawsuits & Injury Cases
Filing a medical malpractice lawsuit due to fetal lacerations can be a complex undertaking. Your obstetrician, surgeon, or other health care provider might have played a role in your infant’s fetal lacerations. Proving your physician made an error or failed to meet the accepted standard of care can be challenging on your own.
An attorney can help you assign liability, prove negligence, and determine your recoverable damages. You may be able to recover economic and noneconomic damages that result in a substantial monetary award.
You will also want to speak to an attorney to identify and understand the statute of limitations and other relevant filing deadlines in your state. Filing a medical malpractice lawsuit can help you satisfy current and ongoing medical bills and assure a healthy future for you and your baby.
Fetal Lacerations Types
There are a variety of fetal laceration types:
- Head and facial cuts and bruises
- Lacerations on other parts of the body (e.g., arms, legs, stomach, buttocks)
- Cut or damaged nerves and tendons
- Lacerations that cause hearing and vision problems
Fetal Lacerations Causes
During vaginal deliveries, fetal lacerations can result from the use of forceps, vacuum extractors, or other assistive devices during delivery. In C-section deliveries, fetal lacerations might be caused by physician error when wielding scalpels and other sharp medical instruments. Like in a vaginal birth, a C-section birth might also employ forceps or other assistive delivery tools.
Fetal Lacerations Symptoms
Fetal lacerations that occur during a vaginal or C-section birth can have a serious impact on the health and appearance of your newborn. Symptoms of fetal lacerations include:
- Cuts and bruises on the head, face, or ears
- Infections due to untreated or incorrectly treated cuts
- Tenderness in the tendons and muscles
Fetal Lacerations Diagnosis and Treatment
Prompt diagnosis of fetal lacerations by a visual and medical exam is an important part of the healing process. Treatment for fetal lacerations includes topical ointments, creams, and adhesives. It can also include closing and stitching wounds and the use of medications to prevent or treat infections. In severe cases, surgery, including reconstructive surgery, might be required.
Fetal Lacerations Frequently Asked Questions
How Do I Know If My Baby Has Fetal Lacerations?
If your baby has cuts, bruises, nicks, and scrapes immediately following a vaginal or C-section delivery, they may have suffered a fetal laceration during delivery.
Are Fetal Lacerations Fatal?
Whether fetal lacerations are fatal depends on the severity of the laceration. Long-term problems associated with fetal lacerations can range from minor to severe. These cuts and nicks can be present on a newborn’s face, head, or ears. In rare instances, a fetal laceration can be deep or severe enough to result in the baby’s death.
Who Is Liable For Fetal Lacerations?
If your child suffered from a fetal laceration during an emergency C-section or assisted vaginal delivery, you deserve to know why and what can be done. The obstetrician, surgeon, or one of the other health care professionals present at your delivery could be liable for the injuries to your baby. An attorney with experience handling birth injuries can help you determine who to hold liable for the fetal lacerations your newborn endured.
What Is The Statute of Limitations For Fetal Lacerations?
In the US, every state puts a time limit on filing a medical malpractice lawsuit for fetal lacerations. If you have a claim for a birth injury, it must be filed within your state’s time frame or you risk not having a case at all.
In addition to your state’s statute of limitations, an attorney can also help you understand tolling for minors. Tolling for minors stops the clock in your state on a case filed on behalf of an infant. When the child reaches the age of eighteen, the clock starts ticking again.
However, it is important to note states also have a statute of repose which limits the amount of time you have to file a lawsuit, regardless of whether the statute paused or not.
Fetal Lacerations Glossary Terms
- What is a Ruptured Membrane? When a laboring mother’s membranes rupture, the amniotic sac of fluid that surrounds the fetus breaks and leaks. A ruptured membrane typically signals the onset of labor but may occur at any time during the three stages of labor. It can lead to contractions and the thinning of the cervix.
- What is Active Labor? Labor is divided into three stages – latent, active, and transition. During active labor, contractions intensify, often requiring pain relief. The regular and strong contractions of active labor help the cervix dilate to seven centimeters and transition to the final stage of labor when the mother feels the urge to begin pushing.
- What is a Transverse Uterine Incision? A C-section involves two incisions. The first incision is made in the abdomen. The second incision is made in the uterus. A transverse uterine incision is the most common type and extends from the bottom right to the bottom left of your uterine lining just above the pubic hairline. It is often used in emergency C-section deliveries.
The Birth Injury Lawyers Group Can Help You Sue for Fetal Lacerations
Fetal lacerations can be painful and challenging for you and your baby. Finding the help you need to file an appropriate lawsuit does not have to add to your difficulties. Simply call the Birth Injury Lawyers Group at 1-800-222-9529 to connect with an attorney who can help. Your lawyer will help you compile the documents and evidence required by your state to file a successful lawsuit.