The birth of a child is a time to celebrate but complications can arise during the delivery. A condition known as caput succedaneum can occur and this can be devastating for parents.
But what is this condition, and how can it affect your infant’s life? Understanding caput succedaneum in newborns, including its underlying causes, is necessary if you believe you may have a medical malpractice claim.
What is Caput Succedaneum
Sometimes, the delivery process runs into complications. For instance, the baby may have difficulties exiting the birth canal, requiring help from medical professionals. Forceps are a commonly used tool in delivery rooms. The attending physician uses forceps to gently pull the baby as you push with each contraction.
While forceps are generally considered safe, newborns have fragile and malleable skulls. Even applying gentle pressure can cause an infant’s head to swell or appear slightly misshapen. For new parents, the sight of swelling or any hit of a skull deformity can be devastating.
The swelling is known as caput succedaneum and this condition in newborns may be more common than you realize.
Common Symptoms of Caput Succedaneum
The symptoms associated with caput succedaneum can be frightening for parents. The swelling on the top of your infant’s head can temporarily alter its shape.
Your baby’s head may look a little lopsided. Bruising and discoloration around the swelling are also common. Even though these and other associated symptoms are usually temporary, they can still cause parents some concern.
Some of the other symptoms common in newborns with caput succedaneum can include:
- Bulging and swelling around the soft spot on infants’ heads
- A slightly pointed shape to the baby’s head
- Puffiness underneath the scalp in the area touched by the forceps
- Bruising and discoloration around the affected area
Some infants can also develop anemia. This health condition is marked by a low blood cell count. Your newborn may have difficulty breastfeeding. This issue is usually caused by the abnormal shape of the infant’s head.
Thankfully, while symptoms of caput succedaneum can cause concern in parents, all signs typically disappear within a few months without medical treatment. Remember, newborns’ skulls are soft and still forming and the odd shape caused by the use of forceps typically goes away as the swelling and bruising subside.
Is Caput Succedaneum Caused by Medical Negligence
Generally speaking, most births that result in an infant developing caput succedaneum are not a reason to file a medical malpractice claim. The use of forceps and vacuum devices during labor is common. Sometimes, babies become trapped in the birth canal and need a little extra help.
However, sometimes a medical professional can use too much force and this can cause significant and occasionally permanent damage.
Blood vessels can rupture in the infant’s skull, and an infant can also suffer a skull fracture or develop facial nerve palsy. This happens when the nerves in the infant’s face are damaged during delivery. The newborn may experience muscle weakness in their face. However, most instances of facial palsy usually heal within a few weeks after delivery.
If your newborn is severely injured or has a permanent medical condition due to excess force, it’s a good idea to schedule a consultation with a medical malpractice attorney. You may have grounds to prove a medical malpractice claim.
Proving a Medical Malpractice Claim
Birth injuries can be grounds for filing a medical malpractice. The birth injury must be caused by a medical error during delivery.
For example, applying too much force when using forceps or a vacuum device. If this scenario applies to your newborn’s birth injury, you can move on to the steps necessary for establishing a medical malpractice claim.
Medical malpractice claims require you to prove four key elements:
- Show there is a patient-doctor relationship: This means you can’t file a claim against any physician. There must be a relationship between you and the medical professional. This doesn’t necessarily limit your medical malpractice claim to your OB/GYN. You may be able to include any medical personnel who assisted during the delivery process. There are limits to what constitutes a doctor-patient relationship. An example is if you suffer a heart attack at a restaurant and a fellow diner, who’s also a physician, doesn’t leave their table to provide medical care. The physician isn’t legally obligated to provide treatment.
- Prove negligence: Proving negligence can be a little tricky. You must prove the medical professional is negligent during the labor and delivery process. Yes, applying too much force to the forceps can be considered negligence. However, you must prove the physician was aware of the risks and still used heavy force.
- Show causation: This means showing your newborn’s injuries are the direct result of the medical professional’s negligence. In other words, your infant’s injuries only occurred due to the medical professional’s actions. In this case, too much force is applied when the forceps are used.
- Prove losses: Losses are commonly referred to as damages. The damages listed in your medical malpractice claim can include medical costs, long-term care expenses, and even your mental anguish. If you can’t show you suffered any losses, you don’t have the grounds for a medical malpractice claim.
Proving these four elements can be complicated but an experienced medical malpractice attorney can help walk you through the necessary steps.
Don’t Miss the Filing Deadline, Talk to an Attorney Today
The statute of limitations refers to the amount of time you have to file a medical malpractice claim. In Georgia, the statute of limitations is two years from the date the birth injury occurred. If you miss the filing deadlines, you probably can’t file a medical malpractice claim even if your newborn suffered life-altering injuries.
Consulting with an attorney about your newborn’s birth injuries as soon as possible is typically the best way to prove the elements necessary for filing a medical malpractice claim. From helping you gather evidence and calculate your damages to representing you in civil court, an attorney can help ensure you receive fair compensation for your infant’s injuries.
Leave a Reply