Posted on 01/31/2022

Can I File a Caput Succedaneum Lawsuit?

Can I File a Caput Succedaneum Lawsuit?

Caput Succedaneum, or otherwise known as a conehead, is a fairly common diagnosis in newborns. 

It’s relatively mild and will typically resolve on its own. However, caput succedaneum, if not carefully observed and managed, can cause further health complications and injuries.

Let’s break down Caput Succedaneum, its health risks, and if you can file a caput succedaneum lawsuit. 

Find out how you can receive a free consultation with an experienced medical malpractice attorney. 

If you, or someone you know, recently had a child experience birth injuries due to caput succedaneum, Grover Lewis Johnson can get you on the right path to take legal action.

What is Caput Succedaneum? 

Caput Succedaneum is when a newborn’s scalp begins to swell shortly after birth.

In other words, there is excess fluid under the skin of their scalp which leads to swelling, or edema. 

This typically happens when the baby experiences extreme pressure as they move through the birth canal during delivery. 

Your baby has a high risk to develop Caput Succedaneum if they have a high birth weight or it was a difficult and prolonged labor. 

Caput Succedaneum can also occur if the fetal membranes surrounding the womb prematurely rupture. The rupture of fetal membranes prevents the amniotic sac from supporting the baby’s head during labor. 

The use of a vacuum extractor or forceps during delivery can further complicate the labor. It puts more pressure on the newborn.

There are other pregnancy complications that can increase the risk of your baby developing swelling of the scalp as well, such as having low amniotic fluid or if the water breaks before the 37th week of pregnancy.

Caput Succedaneum is relatively harmless and will typically go away on its own within a few days. 

There isn’t really any treatment for Caput Succedaneum, other than to observe and manage the newborn’s overall health.

You can discover early signs of swelling with an ultrasound, but sometimes symptoms aren’t present until after birth. 

Some common signs you can look for after giving birth include:

  • Puffy or tenderness of the scalp
  • Mild bruising around the edema (swelling)
  • A slightly pointed shape to your newborn’s head

Treatment isn’t always necessary. Caput Succedaneum is a birth injury that must be properly observed and managed by your medical provider.

"(Required)" indicates required fields

Were you injured by medical malpractice or are you reporting for someone else?(Required)
This field is for validation purposes and should be left unchanged.

By entering your contact information, you are providing consent for Grover Lewis Johnson to contact you at the email and number you provided via telephone, mobile device, text SMS/MMS and pre-recorded messages, even if you are registered on a corporate, state, or federal Do Not Call list. You are also acknowledging and agreeing to our terms of service and privacy policy. Consent is not required to use our services.

What Health Risks are Involved with Caput Succedaneum?

If your baby is diagnosed with Caput Succedaneum, they’ll likely recover on their own in a few days. 

However, there are some detrimental health risks that your baby is exposed to if they’ve been diagnosed.


A relatively harmless health condition, Jaundice is when the infant develops a yellowish tint to the skin and whites of the eyes.

However, if jaundice is left untreated, or not properly treated, your baby is put at risk for further health complications such as developmental delays, cerebral palsy, and Kernicterus.

Possibly Oxygen Deprivation

In the case of a traumatic birth, there is a possibility of oxygen depravation for a period of time due to pressure during birth.

A lack of oxygen during birth can lead to serious brain injuries, such as developmental delays and brain damage. Your medical provider should closely monitor your newborn for any signs of jaundice or symptoms of brain injuries. 

If your medical provider fails to diagnose or fails to diagnose your newborn in the proper amount of time to provide the care needed, you may have grounds for a Caput Succedaneum lawsuit.

Can I File a Caput Succedaneum Lawsuit? 

Caput succedaneum is a birth injury, which would fall under medical malpractice

An example of a Caput Succedaneum malpractice is if your medical provider failed to diagnose your newborn with the condition and it led to jaundice, further causing developmental delays. 

Another example would be if your medical provider exerted too much force with forceps, or a vacuum extractor, thus causing Caput Succedaneum and oxygen deprivation and, therefore, sustaining brain damage.

If you’re considering filing a Caput Succedaneum lawsuit, then you will need a medical malpractice attorney to fight for you. 

A medical malpractice attorney will have to prove four different factors: 

  1. You were in the direct care of the medical provider, or entity, providing treatment
  2. Your medical provider, or entity, did not provide the standard level of care
  3. Your baby suffered an injury as a result;
  4. You experienced economic and non-economic damages due to your baby’s injury

It takes a great deal of work to compile evidence and information to be able to prove each of these factors. 

However, with a trusted and experienced medical malpractice team on your side you can get the compensation you deserve.

It would be in your best interest to reach out to an attorney sooner, rather than later. Each medical malpractice lawsuit is subject to meeting the statute of limitations. 

The statute of limitations is essentially the amount of time you have to submit your lawsuit. If you do not meet the required time frame, then your case may not be considered eligible. 

The good news is that there are exceptions to this rule and certain situations that affect the time frame. A skilled medical malpractice attorney can help review the statute of limitations and what it means for your Caput Succedaneum lawsuit.

Get Help Today!

The attorneys at Grover Lewis Johnson have been providing their legal expertise for the last 25 years. They will provide you with their best legal advice so that you get the compensation you deserve.

Fill out this intake form to set up a free consultation with our experienced attorneys. 

This provides you with an opportunity to find out if you’re eligible to file a caput succedaneum lawsuit and what they can do for you. 

Grover Lewis Johnson won’t expect payment for any legal fees until they’ve won your case.Don’t wait any longer — contact us today.

Photo by Kristina Paukshtite from Pexels