If My Baby or I Was Harmed by a VBAC, Can I Sue?

 Posted on April 11, 2025 in Maternal Injuries

In 2023, C-section deliveries accounted for 32.3 percent of live births in the U.S. That same year, 15.1 out of 100 live births were by vaginal birth after a Cesarean (VBAC). A C-section delivery may be medically necessary for various reasons. That does not necessarily mean that subsequent deliveries would require that surgery. However, there are known risks associated with a VBAC. Uterine rupture is the most common, and that can harm both mother and child.

If medical negligence caused your or your baby’s injuries, you may be entitled to compensation. Any kind of medical malpractice case is complex, but our skilled Chicago, IL maternal and birth injuries lawyers can help.

How Can a Previous C-Section Make a Vaginal Birth Risky?

During a C-section, an incision is made on the mother’s uterus. The obstetrician reaches into the mother’s body to lift the baby out. Over time, that cut should heal. However, the uterine wall in that area may be weaker than it should be.

Most C-section incisions are horizontal or across the uterus. Particularly with emergency C-sections, the incision may need to be vertical. A vertical cut increases the risk of allowing a mother to go into labor if she has another child.

During labor, contractions put significant strain on the uterus. That strain can tear apart the C-section incision, which is called uterine rupture. The baby’s oxygen level can decrease dramatically, potentially causing brain damage or death. The mother could have massive hemorrhaging, and she could need a hysterectomy after an emergency C-section.

Are Any VBACs Successful?

Approximately 70 percent of women who choose to try a vaginal birth after Cesarean succeed. Not everyone is a viable candidate for a VBAC. Your obstetrician should consider known risk factors, which include having two or more previous C-sections, a previous vertical uterine incision, and other uterine surgeries. Multiple pregnancies and pregnancies with other concerns, such as a fetal breech position, are high risk. A VBAC delivery less than 18 months after having a previous child is also dangerous.

Women who try to have a VBAC should always deliver in a facility capable of handling an emergency C-section if necessary.

What Is Considered Medical Negligence in a VBAC?

If harm comes to you or your child because your healthcare provider allowed you to try a VBAC, you may be able to collect compensation. Medical negligence in these cases could include:

• Failing to obtain and review the surgical records from your prior C-section and uterine surgeries
• Failing to consider risk factors
• Failing to fully explain the risks and the possibility of needing an emergency C-section
• Allowing you to try to deliver in an inadequate facility
• Failing to monitor you and your baby continuously
• Inducing labor
• Being unprepared for, delaying, or failing to perform an emergency C-section

The compensation you could obtain depends on the specifics of your case. Common damages include medical expenses, lost income, ongoing care, and various forms of pain and suffering. If your child was harmed, he or she may need lifelong care for permanent conditions, such as cerebral palsy. Your attorney will calculate your current and future expenses and your emotional and mental anguish; then we will work hard to help you maximize your compensation. If settlement negotiations are unsuccessful, we can file a lawsuit and take your case to trial.

Call Our Determined Cook County, IL Maternal Injuries Lawyers

If medical negligence contributed to the harm you or your baby suffered from a VBAC, our experienced Chicago, IL uterine rupture attorneys will take appropriate action on your behalf. Call Birth Injury Law Alliance, Ltd. today at 312-462-4200 to schedule your complimentary consultation.