Have you suffered serious complications or a birth injury due to a uterine rupture while at a Texas hospital?
If your baby suffered a serious birth injury following a ruptured uterus, call our Dallas birth injury attorneys at (214) 651-6100 for free information on how we can help.
The uterus is informally known as the baby’s home during the 9-month period that it takes to develop into a human being. This is an oxygen-rich environment that’s full of nutrients, the baby’s own waste, and amniotic fluid. This environment must maintain homeostasis at all times in order for the baby to be kept alive and healthy.
Uterine rupture can be defined as any condition that compromises the integrity of the uterus via a tear in the myometrial wall. This condition is so dangerous that it often causes the death of either the mother or the baby or severe developmental issues such as cerebral palsy or hypoxic-ischemic encephalopathy.
Uterine rupture mainly occurs during active labor and, as such, should be monitored and detected by medical professionals. Failing to monitor both the mother and baby’s vital signs during delivery can lead to prolonged hypoxia, resulting in brain damage or wrongful death.
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Risk Factors for Uterine Rupture
- Inducing labor with drugs such as Pitocin or prostaglandins can cause abnormally strong contractions, which may lead to tears in the uterus
- Uterine scar tissue due to things like fibroids or cancer surgery
- Women who have had many previous births, especially if they were done via cesarean section, are at a higher risk of experiencing uterine rupture
- Abusing drugs such as cocaine can have a detrimental effect on uterine integrity
- Using tools such as forceps and clamps during delivery
- Multiple fetuses or too much amniotic fluid leading to a distended uterus
- Uterine abnormalities of a genetic origin
Pre-labor screenings are important as they help single out any of the risks we’ve mentioned above. Failure to carry out these screenings can be looked at as medical negligence, making it possible to pursue a birth injury lawsuit against the hospital or medical doctor.
Uterine ruptures are so dangerous that it’s important for doctors to act fast and save the lives of both the mother and baby. Once there’s a tear, the baby starts to lose oxygen in the womb, potentially leading to infant brain damage and organ failure. In cases of a complete rupture, the baby may move into the abdominal cavity, forcing doctors to perform emergency surgery on the mother.
Some of the signs of uterine rupture include heavy bleeding, acute pain between labor contractions, the baby receding back into the uterus during birth, as well as shock and loss of consciousness on the mother’s part. Nurses should also be monitoring fetal distress signals at all times in order to detect abnormalities such as fetal bradycardia.
How a Birth Injury Lawyer Can Help
Birth injuries often lead to chronic issues and developmental challenges, which may require physical therapy, mobility devices, a caregiver, and even multiple surgeries. If this birth injury could (and should) have been avoided, why should your family suffer this financial burden?
If the hospital caused (or failed to timely notice) a ruptured uterus which then led to serious injuries to your newborn child, you have the legal right to discover exactly what went wrong. Our Texas uterine rupture lawyers have considerable experience with these types of cases and can conduct an independent investigation on your behalf in order to discover exactly what led to your child’s injury, all at no out-of-pocket charge to you.
If we feel that you have a valid case, we can pursue a medical malpractice claim in order to recover the compensation that your child will need over the course of his or her lifetime, and we will never ask for a penny from you in order to do this. We work on contingency, meaning that we only take attorney’s fees if we win you and your family money. If we fail to win your case, you owe us nothing. Please get in touch with us today at (214) 651-6100 for your free confidential consultation, and we’ll explain the legal options available to you and your family moving forward.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
Speak With a Dallas Birth Injury Lawyer For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
