The uterus is the baby’s home during pregnancy, serving as a place to safely develop before birth. However, labor and delivery complications can threaten the uterus and risk severe injury to both the baby and their mother.
A uterine rupture is a rare, but life-threatening labor complication. Doctors and other healthcare professionals must treat it as a medical emergency that requires immediately delivering the baby.
Babies born after their mother’s uterine rupture could suffer severe, permanent physical and cognitive damage. Some may have a birth-related brain injury due to the restriction of oxygenated blood. The most common form of brain damage at birth is called hypoxic-ischemic encephalopathy, also known as HIE. Newborns with HIE will have life-long disabilities, including cerebral palsy and developmental delays.
OB-GYNs, maternal fetal medicine specialists, nurses, midwives, and other healthcare providers have a duty to protect their patients from harm. When they breach this duty (known as the “standard of care”) and cause preventable birth injuries, it constitutes medical malpractice.
Medical professionals must identify risks that can cause a uterine rupture and react immediately if it occurs. Failing to do so could mean they have committed medical malpractice that injured a mother and her newborn.
The uterus is a hollow, muscular organ that holds and nourishes unborn babies. The organ itself has three layers:
A mother’s uterus sometimes becomes scarred on these layers. Previous surgery for cancer, fibroids, or a past C-section can all cause this scarring. Even an unscarred uterus can have genetic weaknesses of the uterine wall or become overstretched.
The uterus can split or rupture through all three layers, whether scarred or unscarred. This usually happens when a mother with a previous C-section undergoes a Trial of Labor After Cesarean (TOLAC).
TOLAC occurs when the mother presents with a previous C-section and attempts a natural or vaginal birth. Doctors also refer to this as a VBAC –Vaginal Birth after Caesarean. Uterine ruptures are the number one serious risk of VBAC.
A uterine rupture endangers the mother and the baby.
During the mother's first prenatal testing visit, doctors and nurses get details of her medical history. Some of that history may indicate a higher risk for uterine rupture, including:
Of these risk factors, a prior C-sections pose the highest risk for a mother's uterine rupture.
During labor, other factors could increase the likelihood of uterine rupture:
During labor, other factors could increase the likelihood of uterine rupture:
Unexpected trauma could cause a uterine rupture at any point in the mother’s pregnancy, not just during delivery. Doctors must carefully monitor and treat expecting mothers who suffer abdominal trauma from accidents, falls, or violence.
Failing to diagnose and immediately treat a uterine rupture can lead to permanent, severe damage to the mother and baby.
Typically, a woman’s uterus ruptures during labor. Doctors and other medical staff caring for an at-risk mom should watch for certain signs and symptoms including:
Fetal distress remains the most important sign of a baby’s oxygen deprivation, which happens when a uterine rupture occurs.
When labor starts, nurses or other staff should start monitoring the mother and baby. A fetal monitor placed on the mother’s abdomen tracks the baby’s heart rate. It is especially important to see how the heart rate reacts to contractions.
Doctors may suspect fetal distress when fetal heart strips show late decelerations, reduced variability, tachycardia, or bradycardia.
An incomplete uterine rupture is considered difficult to diagnose. Complete ruptures are not, but careful monitoring and observation can reduce or even eliminate the risk of complications.
After a complete uterine rupture, the contents of the uterus can spill into the mother’s abdomen. Other complications the mom faces include:
Complications for the baby depend on several factors, including:
The worst-case scenario happens when the baby either partially or fully ejects from the mother’s ruptured uterus into her abdomen. Doctors must perform quick surgical intervention in these cases to save both mother and the baby.
After the uterine rupture occurs:
Hypoxic ischemic encephalopathy (HIE) is a serious birth injury that can result from birth asphyxia from uterine ruptures. Medical providers must recognize the signs of HIE and treat newborns immediately. Treatments like therapeutic hypothermia can help to stop or reduce progressive brain damage.
Reducing the risk of uterine rupture begins during a woman’s pregnancy.
Doctors must move quickly once they suspect a mother has suffered from a ruptured uterus. A baby in fetal distress due to a uterine rupture requires an immediate delivery via an emergency C-section. The mother is at great risk for extreme maternal hemorrhaging and even maternal death.
The American College of Obstetricians and Gynecologists (ACOG) ) recommends no more than a 30 minute wait for the initiation of the C-section.
However, studies have shown that delivering the baby within that 30-minute window does not always prevent serious damage like HIE. This is especially true when the baby has slips through the rupture into the mother’s abdomen.
Missing or ignoring the risks and signs of uterine rupture puts the baby and mother at risk. Mothers could go into shock, require transfusions, or die. And babies could suffer permanent brain injuries in the form of hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and cognitive disabilities.
Ideally, any mother at risk for uterine rupture should deliver in a facility that is able to conduct monitoring and emergency c-sections. In order to undergo a trial of labor for a VBAC delivery, the ability to do a c-section is mandatory. If doctors do not properly plan or arrange the procedure in advance, it can constitute medical malpractice.
Doctors, nurses, midwives, and other medical staff could also take the following steps to identify and treat uterine ruptures:
Uterine ruptures usually happen quickly and sometimes with little warning. However, doctors and other providers have a responsibility to watch for risk factors and warning signs. When they fail to do so, families must deal with the heartbreaking consequences.
The parents of children who suffered birth injuries after a uterine rupture often want answers. They want to know what happened to harm their child’s brain.
Our dedicated birth injury lawyers want to help you find the answers to these and many more questions.
We diligently investigate the facts, including a detailed examination of fetal heart rate monitoring strips and labor and delivery records. If this review shows the medical providers did not diagnose or respond to fetal distress, we hold responsible parties accountable by pursuing medical malpractice claims against them.
The compensation our clients receive helps them pay for their child’s current and future birth injury treatment. This may include assistive equipment and devices, and other expenses associated with treating brain injuries, seizure disorders, and cerebral palsy.
Sometimes families are afraid to talk to lawyers about their child’s case because they worry there is a fee. There is never a fee unless and until we make money recovery for our clients.
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand statutes of limitations vary based on the type of case and state where you file. The birth injury claims deadline typically differs from other claims like injury to personal property, fraud, and collection of debts.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. In some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
For example, if the party that injured you was:
You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, you may need to give a shorter notice of filing if:
If you file your case outside of the statute of limitations, the courts will typically dismiss it. This means you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, don't hesitate to contact an attorney as soon as possible.
It takes an expert review of the facts of your child's birth before determining whether medical malpractice occurred.
At Miller Weisbrod Olesky, our team uses a detailed medical negligence case review process to assess your birth injury case. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and examine what actions medical professionals took in response.
If we feel doctors mismanaged your uterine rupture and it led to preventable injuries, we meet with you to discuss. We will speak about how you can receive compensation from the medical professionals who made the errors.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do. The sooner you reach out, the sooner we can begin investigating and gathering the evidence needed to support your claim.
We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case. Contact us today to schedule your free legal consultation by calling our toll-free line at (888) 987-0005 or by filling out our online request form.
At Miller Weisbrod Olesky, the attorneys, nurses, and staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.
Call our offices today at 888.987.0005 for experienced assistance in a free consultation.