Childbirth is one of the most joyous yet overwhelming experiences you can ever have in your life. Mothers expect medical professionals to take all the necessary and appropriate measures to ensure their safety and that of the baby. However, childbirth, be it vaginal birth or C-section delivery, poses many birth injury risks. Medical professionals have a duty to monitor the mother and baby’s well-being during labour and take the right measures to prevent a birth injury.
A cesarean section, also known as a C-section, is a surgical procedure that medical professionals perform if complications arise during vaginal delivery. A C-section delivery can also help prevent birth injury if labour does not progress properly. When labour has stalled, or there is fetal distress, a doctor’s failure to act fast can lead to a medical malpractice lawsuit.
Doctors and nurses monitor the progression of labour and recommend an emergency C-section if necessary. Fetal distress is the leading reason for emergency C-sections. Medical experts trace the fetal heart rate and vital signs to determine if the baby is in distress. If you believe that you are a victim of medical malpractice, a birth injury lawyer can help.
Whether You Have A Birth Injury Case
Were you or your baby victims of medical malpractice that led to a birth injury? Perhaps the obstetrician made an error in your emergency or scheduled C-section delivery. Did the baby remain in the birth canal for too long before the doctors ruled out vaginal birth?
You should contact an experienced medical malpractice lawyer right away to find out if you have a birth injury lawsuit.
Injuries arising from delayed C-sections are avoidable. All it takes is for the doctor to identify the risks to the mother or baby in a timely manner rather than insisting on vaginal birth. However, for various reasons, some medical professionals do not make a decision right away. Instead, they push off the C-section, resulting in medical negligence and birth defects like brain injury, which could have been avoided.
If a doctor fails to perform a C-section in a timely manner, serious birth injuries can occur. Some birth injuries require a lifetime of healthcare assistance. If this happens, you should consult a birth injury lawyer to help you file a medical malpractice lawsuit.
A C-section can be planned, but most women prefer natural childbirth. As pregnancy proceeds, a doctor can realize the inherent risk and conclude that natural childbirth would be risky. In other cases, doctors only realize the inherent risk when labour has commenced. Either way, timing is of the essence. Medical professionals must be cautious when deciding on a C-section procedure.
When Your Child Suffers Injuries Due to a Delayed C Section
Medical negligence can arise if your doctor fails to perform a C-section and your baby sustains a birth injury. Negligence and medical malpractice occur when a medical professional does not live up to the standard of care required of them. You should contact a lawyer to file a medical malpractice case. You can also sue the medical facility where the medical malpractice occurred. You could be entitled to significant financial compensation, especially if your child suffers serious injuries.
For most women, labour progresses seamlessly, resulting in vaginal delivery. However, around 8% of women experience prolonged labour, calling for a C-section. The longer the labour period, the more likely that a C-section will be necessary.
If natural birth is impractical or too dangerous, doctors can perform a C-section to preserve the mother or child’s life. In some circumstances, a doctor must decide whether to perform a C-section fast to prevent a uterine rupture or permanent brain injury in the child.
When the Doctor Misses the Warning Signs
Time is of the essence when deciding whether to perform an emergency C-section. Doctors should not take long in deciding to perform the surgery or take too much time when preparing the mother for the surgical procedure. Some of the reasons why a C-section would be necessary include the following:
- When the fetus is in the wrong position, and therefore natural birth is not possible
- When the baby is not progressing well through the birth canal, making a vaginal birth too risky
- The baby’s heart rate is unstable or dropping
- A prolapsed umbilical cord
- There is placenta previa or placental abruption
- The baby’s head is too large and cannot pass through the pelvis
Throughout the labour process, doctors should monitor the condition of the child and the mother. The heart monitor is usually the first indicator that something could be wrong with the baby. Most health providers do not make the decision to perform a cesarean section until they have used vacuum extractors and forceps to aid a vaginal delivery.
Certain risk factors can make the baby suffer a permanent brain injury resulting in cerebral palsy or another birth injury.
- Abnormal position
- Breech presentation
- Birth asphyxia
- Insufficient blood flow
- Lack of adequate oxygen
- Hypoxic-ischemic encephalopathy, abbreviated as HIE
- Uterine rupture
- Prolapsed umbilical cord
- Cephalopelvic disproportion
The Common Reasons Why Physicians Delay C-Sections
A doctor should act first at the first signs of fetal distress. However, some doctors do not make the right decision within the right time frame. Here are the leading reasons why some doctors delay C-sections:
- There could be inadequate staffing or patient overcrowding in a hospital, limiting the time a doctor takes to assess and take good care of mother and child. Overcrowding can make it challenging for medical professionals to assess patients adequately. Sometimes, the doctor could have a challenge bringing together the surgical team.
- The obstetrician might miss the warning signs, misdiagnose the situation, or make a poor medical judgment when assessing a situation.
- Failure to monitor the infant’s condition appropriately means that the physician does not identify the inherent risks on time.
- The hospital or the medical expert can fail to perform a C-section if they think that the patient’s insurance will not cover the procedure.
Time is even more limited if oxygen deprivation is an issue. To avoid severe birth injuries, the time frame for delivery should be as brief as 10 minutes.
Birth Injuries From a Delayed C-Section
A baby or mother can suffer severe injuries due to a delayed C-section. These long-term health complications may require lifelong medical assistance. Suffering physical or cognitive injuries during birth could mean that the child will never lead a normal life.
Most injuries occur when a baby is deprived of oxygen for an extended period, a condition known as hypoxic-ischemic encephalopathy. Some injuries could mean that the baby will require care 24/7 throughout their life since they cannot care for or provide for themselves.
Both the mother and baby can suffer severe injuries in pregnancies involving placental abruption. This is a situation where the placenta detaches from the uterus. In cases of placental abruption, doctors must perform an emergency C-section to preserve the baby’s life and avoid detrimental birth complications.
Some of the severe complications that a baby may suffer due to delayed cesarean delivery include:
- Autism
- Cerebral palsy
- Shoulder dystocia
- Erb’s Palsy
- Brachial Plexus
- Brain damage
- Developmental delays
- Other physical injuries like shoulder dystocia
Most of these conditions occur when the unborn baby is deprived of oxygen for a long period during vaginal births or C-sections. In other cases, babies suffer physical injuries due to prolonged labour that affects the baby’s heart rate. Most of these conditions are avoidable, provided a doctor makes a prompt decision to perform a C-section.
The Risks Associated With C-Sections
Mothers can choose between a normal vaginal delivery and a cesarean delivery for their newborns. Some women prefer to have a cesarean section since it is faster than a typical vaginal birth, but there are some hazards involved.
The procedure normally takes about 45 minutes. After administering a spinal or anesthesia to numb patients from the waist down, surgeons make incisions to reach the womb, remove the baby, and patch the incisions.
It seems like a dream in comparison to the 12-24 hours of labour that most new mothers experience. However, C-sections increase the risk of blood clots, infections, blood loss, and bowel or bladder damage. Nonetheless, the treatment is still safe.
Doctors advise women to have vaginal births if possible. After having a C-section, giving birth through the vagina will be risky in future deliveries. Scarring is also a possibility which might bother some patients. Some circumstances make a C-section appropriate, despite the dangers. The most well-known is when the baby gets twisted improperly in the womb, although there are other reasons. Multiple births, babies weighing more than ten pounds, or dilatation issues might all be reasons to propose a C-section.
Whether you choose to have a C-section or your doctor suggests it, they should inform you of all the potential risks. Understanding the risks you might encounter if you have an operation helps you make an informed decision.
Why A C-Section Might Be Dangerous
C-sections are a form of surgery. In order for the baby to come out, a physician makes incisions in the mother’s skin and uterus, for example, if the baby comes out breech. The mother will require anesthesia before starting the surgery. If the doctor concludes that a C-section is required after contractions have begun, this is referred to as an emergency C-section. An emergency C-section may complicate the surgery and increase the risk to the woman and baby compared to a planned C-section.
If a doctor orders a C-section in an emergency, it is most likely because the infant is at risk or in distress. If the baby is already in distress, the additional stress of a cesarean section on the mother’s body can worsen some of the risks.
Some of the ways a baby can be vulnerable during a C-section are:
Lacerations – while making an incision in the mother’s uterus, a doctor may cut too deeply and tear the baby’s skin, resulting in blood loss and infection.
Breathing – the infant might be unable to breathe soon after the cesarean birth. This is possibly due to issues with the anesthesia administered to the mother prior to the procedure.
Lack of energy – the infant’s Apgar scores can be low just after birth, indicating that the baby is not responding to stimulation. This could signal that the newborn is in serious distress.
The Possible Risks of a C-Section to the Mother
During or following a C-section birth, the mother may be at risk of serious complications, including death. The common risks a C-section poses to a mother include:
Infections & Sepsis
As with any form of surgery, the patient who has a C-section is at risk of developing an infection when recovering from the incision. When a mother contracts an infection, and her immune system overreacts in order to resist it, she may get sepsis. As outlined by the CDC, roughly 1.7 million Americans acquire sepsis each year, with approximately 270,000 dying as a result of the infection.
Blood Loss
While C-section is a surgical procedure, it rarely causes major blood loss. However, a patient may require a blood transfusion during a C-section or after. This could suggest that a significant complication occurred during the surgery, putting the patient’s life in danger.
Poor Response to Anesthesia
A C-section could be the mother’s first experience with anesthesia. If the patient has an adverse reaction to anesthesia, her blood pressure may drop significantly. The mother could also have a challenge breathing appropriately.
Risky Future Pregnancies
After a mother has had a C-section, subsequent pregnancies could be more risky. She might require a C-section for all future pregnancies. Trying a normal birth could cause the C-section surgical incision to open, posing additional complications.
Other potential risks are:
- Surgical injury
- deep vein thrombosis
- Surgical instruments remain in the uterus
A doctor might suggest that you have a C-section way before your child’s time of delivery. A C-section can also be due to problems during a vaginal birth. While there are dangers associated with C-section deliveries, they tend to be safer than other kinds of surgery. Nevertheless, if the doctor is irresponsible or commits an error while performing the C-section, the mother or baby may be at risk.
Untimely C-Sections
Babies do well if they are not born before their full term, that’s 39 weeks. The baby’s lungs and brain continue to grow in the last two weeks of pregnancy. In addition, the infant is acquiring the fat required to control its internal temperature after birth.
Babies born by C-section before 39 weeks are more likely to have respiratory and feeding issues. Other possible complications include severe jaundice and require critical care after birth. These infants are also more likely to have cerebral palsy. This is a disorder that can impair movement, hearing, vision, thinking, and learning. Finally, the risk of infant death is higher than for babies born at 39 weeks.
Suing for a Botched C-Section
You can sue the physician or medical facility for whatever issue or injury you or your baby sustained as a result of the botched C-section. To file a medical malpractice claim, the issue or injury must have been caused by a medical provider’s conduct or failure to act that deviated from the appropriate standard of care.
Suing If You Did Not Want a C-Section
Doctors typically perform C-sections in emergency cases to prevent serious injury to the mother or the infant. If your doctor had a medically legitimate cause for performing a C-section, you might not have grounds to sue. You may not have grounds to sue even if you were unable to provide consent.
Ideally, while in labour, you will be able to comprehend the risks and provide informed consent for a C-section. You may have a case if:
- You were able to give consent, and the doctor failed to obtain it
- The doctor downplayed the risks of a C-section
- The doctor conducted a C-section to charge you more for the delivery
- The doctor committed fraud in any other way
In such circumstances, the doctor may face criminal charges. If you didn’t want a C-section, see a medical malpractice lawyer.
FAQs About Delayed C-Sections Lawsuits
Here are the commonly asked questions regarding cesarean deliveries:
Can you Sue for Fetal distress Caused by a Delayed C-section?
The outright answer is “yes.” You can file a medical malpractice claim for errors or negligence in C-section deliveries. Doctors and other medical professionals must treat their patients with utmost care. If they do not make the right and medically sound decisions that a reasonable physician would, they could face negligence charges. If this is the case, you and your child could be eligible for monetary damages to cover both mother and baby’s injuries.
How Fast Can an Emergency Cesarean Section Be Performed?
Doctors must make quick decisions about emergency C-sections since preparing the mother for surgery takes long. The mother could potentially be ready for the surgery within thirty minutes of making the decision. However, sometimes thirty minutes of preparation might be too long and could jeopardize the child’s well-being.
Delayed C-sections could result in catastrophic birth injuries. The potential birth injuries include cerebral palsy, developmental delays, hemorrhaging, permanent brain damage, hypoxia, lung damage, or infection due to a lack of oxygen.
Is an Emergency C-section Safe?
While any emergency treatment carries risks, a C-section is often safe if performed correctly by a qualified surgeon. The greater danger arises if the physician delays deciding to proceed with the procedure. In that situation, both the mother’s and her child’s lives may be jeopardized. In particular, the baby can sustain serious lasting injuries.
Can a Delayed C-section Lead to Cerebral Palsy?
An infant in fetal distress could suffer from oxygen deprivation during labour and delivery. Oxygen deprivation can also occur when the baby takes too long in the birth canal. Also, the fetal umbilical cord could be wrapped around the baby’s neck, preventing blood flow to the brain.
Oxygen deprivation (limited blood flow) affects the baby’s heart rate and poses a risk of serious consequences such as brain damage and cerebral palsy. Any evidence of fetal distress usually necessitates doctors to act first. Doctors should regularly monitor the mother and baby to prevent issues that cause oxygen deprivation.
While physicians should not recommend unnecessary cesarean sections for convenience, they must check oxygen levels to ensure the infant’s safety. Doctors should perform an emergency C-section if they suspect that the baby is not getting enough oxygen.
Do You Require a Lawyer for a Delayed C-Section?
Proving a medical negligence or birth damage claim is challenging. It demands showing exactly how the physician acted improperly, from prenatal care to the delivery process. As a result, resolving a lawsuit necessitates the assistance of a birth injury lawyer. A lawyer will construct a solid case using appropriate medical and scientific specialists. Your lawyer will gather evidence to demonstrate that the doctor failed to uphold the standard duty of care by delaying an emergency C-section.
Someone will have to recreate what took place in the delivery or operation room for the birth jury. If the physician or hospital wishes to settle the case, you will require counsel to negotiate a settlement.
How Long Does a Delayed C-Section Case Take to Resolve?
It all revolves around when the trial will take place and if the defendant agrees to settle the issue. Medical malpractice lawsuits take time because comprehensive evidence is required. The proceedings could be lengthier if scientific evidence is employed. Therefore, emergency C-section lawsuits might take years to resolve in the judicial system. If you or your baby has been harmed as a result of the doctor’s poor judgment, delaying or failing to perform a C-section, you should seek legal assistance right away. Book a free consultation with our delayed C-section lawyer. You should call the law firm right away so that you and your family can begin the process of seeking financial compensation.
The Damages Available in a Birth Injury Case
When your infant is gravely wounded, the amount of compensation in your lawsuit can be significant. Even normal labour and vaginal delivery can result in medical errors. These errors can cause developmental delays, cerebral palsy, and damage to the brain due to a lack of oxygen.
Additional risk factors that could cause severe difficulties include a nuchal cord, a previous C-section, or physicians failing to follow standard procedures. Damages that can be recovered in a medical malpractice case include:
- Pain and suffering compensation for both the mother and the baby – This includes the lifelong pain and suffering if the baby sustained permanent birth injuries that will affect the rest of their life.
- Emotional distress
- The reimbursement of medical costs for the lifelong medical expenses the baby will need due to catastrophic damage.
- Earnings that the mother will lose since they will have to skip work to take care of the child and take them for medical treatment.
- Punitive damages imposed against the physician and the medical facility if the error was extreme.
Contact an Experienced Birth Injury Lawyer Regarding your Botched C-section Delivery
If you or your child suffered harm because of a botched C-section or other form of medical malpractice, please contact our birth injury lawyers. We have the proficiency to establish whether your injury was caused by medical malpractice. Perhaps the baby remained in the birth canal for too long, or the umbilical cord was tied around their neck. Our birth injury lawyer can help you determine if you are eligible for compensation. Allow us to assist you or your family in receiving the compensation you deserve.
