Baby slashed in the face during C-section: These cases are rare, but almost always end in a lawsuit

By Julia Ries | Fact-checked by Jessica Wrubel
Published December 17, 2024

Key Takeaways

Industry Buzz

  • “A thinner-than-normal uterine wall or a fetus positioned directly against the incision site can make accidental contact with surgical instruments more likely.” — Stewart Parnacott, CRNA

  • “If we can show that poor training or inadequate communication contributed to an injury, this could form the basis of a legal claim.” — Ariel Gurian, attorney

Find more of your peers' perspectives and insights below.

A video is circulating on social media showing how a newborn was injured by a scalpel during birth. During the emergency C-section, the physician accidentally sliced the baby’s cheek. A plastic surgeon was rushed in to repair the newborn’s wound. 

According to Stewart Parnacott, CRNA, a nurse anesthetist and chief clinical officer at Ready Wellness, emergency C-sections require precision and speed. “In high-pressure situations, accidental injuries caused by a scalpel, though rare, can occur,” Parnacott tells MDLinx

A rare but frightening injury

It’s estimated that accidents such as this one are rare and only affect between 0.4% to 3.1% of newborns.[] The injury tends to occur on the baby’s face, scalp, and extremities. The risk is higher with emergency C-sections, which are often required because the fetus is in distress.[]

A report from 2022 found two risk factors for accidental fetal skin lacerations: premature rupture of membranes and meconium-stained amniotic fluid.[] Research shows that an incision near the placenta membrane increases the risk of an injury to the fetus, too. The orientation of the baby may also increase the risk of an injury. “For instance, a thinner-than-normal uterine wall or a fetus positioned directly against the incision site can make accidental contact with surgical instruments more likely,” says Parnacott.

Some physicians swap out the sharp scalpels for blunt instruments when cutting the final uterine layer, he adds, to avoid accidentally injuring the newborn. “This strategy is particularly effective when the uterine wall is unusually thin or the baby is in an atypical position,” Parnacott says.

Pending litigation

Typically, the medical team will clean the wound and apply adhesive glue or use dissolvable sutures.[] For deeper wounds, specialists may need to apply layered sutures, says Parnacott. Regular follow-ups may be necessary to ensure the baby doesn’t develop an infection. 

Fortunately, most injuries are minor and heal without complications—and most newborns make a full recovery. “Newborns have an exceptional ability to heal from minor injuries because their skin regenerates much faster than that of adults, often leaving little to no scarring,” Parnacott says.  In certain cases, however, the baby may have permanent scars.[]

Research suggests that these accidents almost always lead to a lawsuit.[] Ariel Gurian, a personal injury attorney, handles birth injury and other medical malpractice cases. She says these types of cases are rare—but they do happen. 

When her team assesses a birth injury, they analyze whether the medical staff adhered to established protocols and standard care. In these types of situations, she says it’s crucial the surgical team used clear communication, strict protocols, and a well-organized surgical room.

“If we can show that poor training or inadequate communication contributed to an injury, this could form the basis of a legal claim,” she says.

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