C-Section Complications, Birth Injuries & Medical Malpractice

By Rasansky McKenzie

Has your child suffered a preventable birth injury due to an unnecessary c-section delay or mistake? Call (214) 651-6100 for legal help today.

Cesarean sections (also called c-sections) have become much more common over the past few decades, but the procedure still comes with risks. Additionally, failing to timely perform a necessary C-section may constitute medical malpractice.

About one in every three women now gives birth by cesarean section, a procedure that can be planned or unplanned. The final decision remains with the doctor and is based on what is medically necessary for the mother and/or baby. Sometimes, things develop during normal labor or delivery that may require an unplanned C-section, such as:

Cesarean Section Complications

• Excessively long labor
• Mother or baby appears to be in distress
• The umbilical cord is wrapped around the neck of the baby
• The baby is too big to fit through the birth canal safely and comfortably

Some of the common reasons a doctor may choose to plan a C-section include the following:

• The mother has developed an infection which could transfer to the baby during a vaginal delivery
• The baby is still in a breech (head down) position as the delivery date approaches
• The mother’s condition is weak before delivery
• A multiple delivery is expected
• A previous child was delivered via C-section, and there is fear a normal delivery could tear the incision

Complications and Medical Malpractice Related to C-Sections

There are millions of dollars awarded by juries every year due to birth injuries caused by medical malpractice, but proving that medical malpractice caused your child’s injury can be a tough legal battle. Not all birth injuries are caused by medical malpractice, and bringing a medical malpractice lawsuit in Texas can be a very complex ordeal due to tough tort reform measures. Every birth injury case is unique, and the best way to determine the strength and potential value of your case is to request a free consultation with an experienced birth injury lawyer in your state.

Most birth injury law firms (including Rasansky | McKenzie Law) are happy to offer a free over-the-phone case evaluation and generally take cases on a “no win, no fee” contingency basis. This way, you can hire an attorney to handle your case without risking a penny of your own money, and you’re only responsible for paying attorney fees if you’re actually awarded compensation. Your current financial status should not stop you from taking legal action when you have the right to do so.

Medical malpractice is defined as any act that deviates negatively from the normal standard of care and causes harm to the patient as a result. If a mother or her baby was injured because of the negligence of the doctor who performed the C-section, there is a possibility the mother may have a valid medical malpractice claim. However, in order to win, it is important the case meets these four legal requirements:

1. The doctor must have owed a standard of care to the patient during the performance of the C-section.
2. The doctor must have failed to meet that standard of care substantially.
3. The deviation from the standard of care caused injury to the mother or her baby.
4. The doctor, nurse, or medical professional’s negligence was determined to be the direct cause of the injuries.

Potential Injuries to the Baby During a Cesarean Delivery

The mother or baby can suffer from distress due to c-section complications during delivery, and the doctor needs to be prepared to act if this should happen. Otherwise, he could cause the child to suffer a serious birth injury. Some of the more common birth injuries that can develop during or after a C-section include:

• Scarring, lacerations, and abrasions
• Lack of oxygen to the baby (hypoxia)
• Development of cerebral palsy
• Development of Erb’s Palsy (injury to the brachial plexus)
• Premature birth, causing underdeveloped lungs, heart, or other organs
• Wrongful death

Possible injuries to the mother include:

• Hemorrhaging
• Infections
• Blood clots
• Injuries to the bladder or bowel
• Incontinence
• Injuries during anesthesia

Risks Associated with Delaying a Necessary C-section

One of the worst things that can occur is an unnecessarily delayed cesarean section; as such, a delay can easily lead to permanent brain damage to the child. Doctors have the ability (and responsibility) to identify any potential medical problems which may necessitate a C-section. When a medical professional delays performing a necessary C-section, the consequences can be dire. Delays could result in lifelong conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy (CP). In more severe cases, the mother and/or child could die.

If you or your child has been injured due to negligence or delays surrounding a C-section delivery, you need to speak to a personal injury attorney today who can advocate on your child’s behalf in order to secure the compensation they deserve. For a free case evaluation, email us using the contact form on this page, or call our office (toll-free) at (214) 651-6100. There is no cost to you unless we recover compensation in your case.

About the Author

Anyone can hire a lawyer, but if you want to give yourself the best possible chance at success, call the experienced attorneys at Rasansky McKenzie. You only get one chance to bring your case before a court. Let them put their expertise to work for you.