How to Make a Claim for Negligent Uterine Rupture

 Posted on January 30, 2024 in Maternal Injuries

Suffering a uterine rupture during labor can be a traumatic, life-threatening event. While these emergencies do sometimes happen spontaneously, many are tragically avoidable with proper medical care. If your healthcare providers failed to meet the standard of care leading up to or during your delivery rupture, you may be able to take legal action with an Illinois birth injury lawyer. 

Proving Negligence

To successfully make a claim for uterine rupture, your attorney will need to prove the elements of negligence. This requires showing that your healthcare provider owed you a duty of care that they subsequently breached in some way, directly causing your injuries.

Your medical team is expected to adhere to the appropriate standard of care for monitoring labor, detecting potential uterine rupture risk factors, and responding urgently when a rupture occurs. Failing to meet this professional standard of competence in any aspect of your care before, during, or after delivery could satisfy the breach of duty criteria. Records will be thoroughly reviewed to pinpoint exactly where the negligent action(s) occurred.

Common examples include failing to recognize the signs of impending uterine rupture, improper use of labor-stimulating drugs, and delaying emergency surgery to repair the uterine tear and stop bleeding. Regardless of what the specific negligent act was, it must have directly resulted in additional harm above what would have occurred without substandard care. In a uterine rupture, this often means more blood loss, infection, hysterectomy, or harm to the baby.

Gather Key Evidence

A lawyer can launch an in-depth investigation into what happened leading up to your delivery room crisis. The attorney will gather all documentation, from prenatal records to operative reports to discharge summaries. Witness statements, medical photos or scans, and diagnostic results will also be collected.

This evidence will be reviewed to create a timeline of relevant events and reveal where negligence occurred. Having an experienced OB/GYN or maternal-fetal medicine expert review everything is also essential for identifying breaches in the appropriate care protocols. Their testimony explaining exactly how the provider erred will be crucial for proving liability in your claim.

Calculate Losses for Compensation

A monetary value should also be determined for the harm done. Physical injuries, lasting disabilities, lost wages, medical costs, and pain and suffering may all be included when calculating losses deserving of compensation. An attorney knows how to fully demonstrate and quantify both economic and non-economic damages in obstetric malpractice cases.

Potential compensation could cover needs such as:

• Additional surgeries to treat complications
• Rehabilitation services
• Lost income from missed work
• Childcare if unable to care for your family
• Prescription medications
• Emotional therapy

If negligence resulted in the death of your baby, additional damages may be pursued.

Contact a Chicago, IL Birth Injury Attorney

Suffering a uterine rupture can be traumatic, but you do not have to manage the aftermath alone. A Cook County, IL birth injury lawyer can guide you through the claims process, handling the extensive paperwork and negotiations for you. Call Birth Injury Law Alliance, Ltd. at 312-462-4200 for a free consultation.