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My Newborn Has Cephalohematoma—Can I Sue?

Feb 24, 2025 | By Dempsey Kingsland Osteen | Read Time: 4 minutes | Birth Injuries

Seeing a newborn with cephalohematoma can be alarming and distressing for parents. As a parent, you want to understand what caused this condition, its potential complications, and whether you have legal recourse. By understanding cephalohematoma, you can take informed steps toward seeking justice for your newborn. At Dempsey Kingsland & Osteen, our team would love to learn more about how we can assist you in this challenging time and help you understand whether you have a valid cephalohematoma newborn lawsuit. 

Contents hide
1 Understanding Cephalohematoma
2 What Causes Cephalohematoma?
2.1 Prolonged Labor
2.2 Use of Delivery Instruments
2.3 Large Baby Size
2.4 Abnormal Fetal Positions
3 Difference Between Caput Succedaneum and Cephalohematoma
3.1 Caput Succedaneum
3.2 Cephalohematoma
4 How Long Does Cephalohematoma Last?
5 Cephalohematoma Complications
5.1 Jaundice
5.2 Infection
5.3 Anemia
5.4 Calcification
6 Who May Be Liable for Cephalohematoma?
6.1 Obstetricians
6.2 Hospitals
6.3 Nurses and Midwives
7 Do You Have a Valid Cephalohematoma Newborn Lawsuit?
8 Seeking Legal Assistance

Understanding Cephalohematoma

Cephalohematoma is a medical condition characterized by the accumulation of blood between a newborn’s scalp and the skull bone. This condition typically appears as a raised, soft bump on the baby’s head and is often caused by trauma during birth, particularly in deliveries involving the use of forceps or vacuum extractors. Understanding the nature, causes, and potential complications of cephalohematoma can help parents identify and manage this condition effectively, as well as address any opportunities for legal recourse, such as filing a cephalohematoma newborn lawsuit. 

What Causes Cephalohematoma?

Cephalohematoma is primarily caused by mechanical pressure during delivery. Understanding the specific causes below can help identify potential negligence or improper handling during the birthing process, which is crucial when considering legal action.

Prolonged Labor

Extended labor increases the risk of head trauma to the baby. The longer a baby remains in the birth canal, the higher the chance of pressure-related injuries.

Use of Delivery Instruments

Tools like forceps or vacuum extractors can cause localized trauma. While these instruments can be essential for safe delivery, improper use or excessive force can lead to cephalohematoma.

Large Baby Size

Larger babies are more prone to birth injuries due to the increased difficulty of delivery. Macrosomia, or having a significantly larger baby, can complicate the birthing process, leading to the need for additional interventions that can cause cephalohematoma.

Abnormal Fetal Positions

Babies in breech or other non-ideal positions are at higher risk for head trauma during delivery. These positions can make the delivery process more complex and increase the likelihood of using instruments that might cause cephalohematoma.

Difference Between Caput Succedaneum and Cephalohematoma

Understanding the difference between cephalohematoma and caput succedaneum is essential when considering legal options.

Caput Succedaneum

This condition involves generalized scalp swelling that can cross suture lines and results from pressure exerted on the baby’s head during delivery. Typically it resolves within a few days without treatment.

Cephalohematoma

Cephalohematoma involves blood accumulation under the periosteum, does not cross suture lines, and can take weeks to months to heal. It is more specific and confined to one area of the skull, different from the more diffuse swelling seen in caput succedaneum.

How Long Does Cephalohematoma Last?

Cephalohematoma generally resolves on its own within a few weeks to several months. The duration depends on the size of the hematoma and whether complications arise. Continuous monitoring by a healthcare provider is essential to ensure proper healing. Medical intervention might sometimes be necessary if complications develop, prolonging the healing process.

Cephalohematoma Complications

While many cases of cephalohematoma resolve without intervention, some can lead to complications. Each of these complications can have significant long-term effects on your child’s health, underscoring the importance of proper medical care and timely intervention.

Jaundice

The breakdown of red blood cells in the hematoma can increase bilirubin levels, leading to jaundice. Severe jaundice requires medical treatment to prevent further health issues. If left untreated, high bilirubin levels can lead to kernicterus, a type of brain damage.

Infection

Although rare, the hematoma can become infected, necessitating antibiotics or other medical interventions. Signs of infection include redness, swelling, fever, and pus drainage, which require immediate medical attention.

Anemia

Significant blood loss into the hematoma can cause anemia, requiring treatment such as blood transfusions. This condition can affect the baby’s health, causing fatigue, pale skin, and rapid heart rate.

Calcification

In some cases, the blood in the hematoma can calcify, forming a hard mass that may require surgical removal. Calcification can lead to a noticeable lump on the baby’s head, which might need further medical evaluation and treatment.

Who May Be Liable for Cephalohematoma?

Can you sue if your newborn has cephalohematoma? Liability in a cephalohematoma newborn lawsuit depends on the circumstances surrounding the delivery and the medical care provided. Potentially liable parties include:

Obstetricians

If the doctor used excessive force, inappropriate delivery techniques, or failed to respond to complications properly, they can be a liable party. Mismanagement during labor and delivery can lead to cephalohematoma and other birth injuries.

Hospitals 

If there were lapses in care, inadequate staffing, or failure to adhere to standard medical protocols, the hospital might be at fault. Hospital policies and procedures play a crucial role in ensuring safe deliveries, and failure to follow these standards can result in liability.

Nurses and Midwives

Nurses and midwives who fail to monitor the baby’s condition adequately or use improper techniques during delivery may also be liable. These healthcare professionals are responsible for supporting the delivery process and ensuring the baby’s safety. Any negligence in their duties can lead to serious consequences.

Do You Have a Valid Cephalohematoma Newborn Lawsuit?

It’s essential to understand Missouri’s medical malpractice laws and how they apply to birth injuries to determine if you have a valid cephalohematoma newborn lawsuit. Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient.

To prove medical malpractice, you must demonstrate that the medical professionals had a duty to provide a safe delivery according to accepted medical practices. Their breach of that duty must have directly caused the cephalohematoma and any resulting complications and compensable damages. 

Missouri law requires an affidavit of merit to be filed within 90 days of filing the lawsuit. This affidavit must be signed by a qualified healthcare provider who attests that the defendant failed to meet the standard of care and that this failure caused the injury.

Seeking Legal Assistance

If your newborn has cephalohematoma and you suspect medical negligence, it’s crucial to consult with experienced birth injury lawyers. At Dempsey Kingsland & Osteen, we understand the emotional and financial toll such injuries can take on families. Our compassionate team includes full-time medical professionals and is dedicated to helping you navigate the legal process and seek the justice and compensation your family deserves.

If you believe your newborn’s cephalohematoma resulted from medical negligence, don’t hesitate to reach out to Dempsey Kingsland & Osteen. Our experienced attorneys are here to provide a free consultation and guide you through the next steps in your cephalohematoma newborn lawsuit. Contact us today to protect your rights and your baby’s well-being.

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Dempsey Kingsland Osteen

The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.

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