Birth Injury Lawsuit For A Uterine Rupture December 15, 2023.

Birth Injury Lawsuit For A Uterine Rupture

A uterine rupture is a serious, life-threatening complication to the mother and baby during labor. There is a greater risk for uterine rupture when mothers try to have a vaginal delivery after previously having a C-section. For mothers who had a C-section before, around 9 out of every 300 mothers will experience a uterine rupture. Though it is rare, it is important to know the causes, symptoms, and risk factors. If you or a loved one suffered a uterine rupture, you may be able to sue for suffering a birth injury.

What is a Uterine Rupture?

When mothers undergo a C-section the obstetrician cuts into the uterus to deliver the baby. After the labor is done, the mother’s uterus and abdomen are sewn back together. The incision leaves a scar on the mother's abdomen. When a uterine rupture occurs, the uterus scar opens. 

When the scar opens, the fetus is sent into the abdominal cavity. This is dangerous for the mother and baby, so it needs to be treated quickly.

Risk Factors

The biggest risk factor for a uterine rupture is trying to have a vaginal delivery after previously having a C-section. There are other risk factors, even if the mother did not previously have a C-section.

  • Pregnancy that lasts more than 40 weeks

  • Age of the mother

  • Uterine trauma

    • Car accident, gunshot wound, blunt force trauma to abdomen

  • Several pregnancies before

  • Uterus surgery

  • Carrying multiple babies

  • Large baby

  • Maternal obesity


Obstetricians should be aware of all risk factors their patient has for a uterine rupture. Medical professionals should be ready to take action if the patient is experiencing symptoms of a uterine rupture. There are common symptoms that can be seen in both the mother and fetus before or during a uterine rupture.

Symptoms in the Mother

  • Contractions that get worse or stop

  • Vaginal bleeding

  • Severe abdominal pain, even with epidural

  • Low blood pressure

  • Fast heart rate

Symptoms in the Fetus

  • Fetal distress 

  • Slow heart rate

Can a Uterine Rupture Cause Other Injuries at Birth?

During a uterine rupture, it is important to monitor the baby closely, because the baby is more likely to have severe complications. A common birth injury after a uterine rupture is birth asphyxia. 

Birth asphyxia is when there is a lack of oxygen in the fetus before, during, or after birth. This can lead to mild to severe brain damage, depending on how long the fetus went without oxygen. After birth asphyxia, the child may suffer from Cerebral Palsy or other developmental delays.

Unfortunately, a uterine rupture can lead to severe birth injury or even death. Medical professionals have to deliver the fetus quickly and give life-saving treatments. The death rate for the fetus is around 6%. The death rate for the fetus is higher than the death rate for the mother. The death rate for mothers after a uterine rupture is less than 1 percent.

Can I Sue if I Suffered a Uterine Rupture?

To be able to sue for any birth injury, negligence has to be proved. In a uterine rupture case, the patient usually will not be able to sue just because it happened. Uterine ruptures happen for reasons out of the doctor’s control. What the doctors can control, though, is getting the mother and baby treatment as quickly and safely as possible. So when can you sue for a uterine rupture?

Delayed Diagnosis

When dealing with a uterine rupture, time is of the essence. Medical professionals need to be able to correctly diagnose a uterine rupture. A delayed diagnosis can lead to birth asphyxia, which can have life-threatening outcomes for the fetus. When diagnosing a uterine rupture, medical professionals will have to look at symptoms to be able to diagnose it. In some cases, it may be hard to diagnose a uterine rupture if the rupture did not occur through all layers of the uterus. To diagnose a uterine rupture, doctors can confirm their suspicions of complications by performing a laparotomy. This is a surgical procedure where the doctor makes an incision to the abdomen. After some uterine ruptures, there is an open hole from the uterus and abdomen to the baby, so in that case, it can be quickly diagnosed. 

Delayed Treatment

After experiencing a uterine rupture, an emergency C-section will have to be performed. As stated in the name- an emergency C-section needs to be performed as quickly and safely as possible. If a C-section is delayed then the mother and baby could potentially both suffer the consequences. If it is necessary, some mothers may need a hysterectomy. A hysterectomy is a procedure in which a surgeon removes the uterus. This may be from excessive blood loss. If a hysterectomy is needed, but not performed quickly, then the mother could suffer from excessive blood loss.

Contact Our Experienced Cleveland Birth Injury Attorneys

Birth injuries are scary and devastating for families. If you or someone you know experienced the loss of a child or the child suffers from severe birth injuries from a uterine rupture, you may be able to receive compensation. Our experienced birth injury attorneys have won cases against every hospital in the Cleveland area. This is because we dig deep to uncover the reason for the accident. The Mellino Law Firm has received tens of millions of dollars for our clients. 

We encourage you to reach out to our birth injury attorneys, to see what we can do for you. Call our office at (440) 333-3800, or fill out our contact form and we will reach out to you as soon as we can.