C-Section Delay Complications Attorneys: Chicago, Illinois
Injuries from a delayed c-section are one of the most avoidable birth injuries. All it would have taken is for the doctor to accurately and promptly realize any risks to the infant and perform the necessary surgery. However, for various reasons, some doctors do not make the right decision and push off the surgical procedure.
As a result, the infant suffers catastrophic injuries that may require a lifetime of care. When this happens, you should retain a delayed c-section birth injury attorney to sue for the financial compensation that you deserve and need to care for your child.
Roughly one in every three U.S. births happen through a c-section. Some of these procedures are planned. However, many women plan to deliver their baby naturally.
In some cases, as the pregnancy progresses, the doctor realizes that there are some dangers to the health of the mother or baby and realizes that natural childbirth would be a danger. In other cases, the doctor only realizes after labor has started that a cesarean section is necessary.
In any event, timing is of the essence, and doctors should ordinarily err on the side of caution in deciding on a c-section procedure. The risks to the baby are too great to do anything else.
When There Is a Delayed C-Section & Your Child Is Injured, You Have a Birth Injury Case
We can state at the outset in very clear terms. When your doctor has failed to perform a prompt c-section surgery and your baby suffers a birth injury, the doctor can be found to have committed medical negligence as they have not lived up to the standard of care.
You should hire a personal injury lawyer to file a medical malpractice case against the doctor who delayed the medical procedure and the hospital where the malpractice occurred. Since your infant has suffered serious injuries, you may be entitled to significant financial compensation.
Emergency c-sections are necessary in some labor and delivery scenarios. In most cases, labor progresses smoothly. However, 8% of women end up in prolonged labor.
The longer that labor endures for, the more of a chance that the mother will need to have a c-section. At some point in labor, the membranes in the amniotic sac will rupture. At that point,
In 2019, 31.7% of births in the United States were through a cesarean section. Doctors will perform a c-section to preserve the health of the mother or when there is a risk to the child, and vaginal birth is impracticable or too dangerous. C-sections can either be planned or emergency.
There are some circumstances in which a doctor must decide quickly that a c-section is necessary. If a doctor waits too long for the surgery, the baby can suffer severe and lifelong birth injuries that can keep the infant from living a normal life.
Birth Injury Lawsuits When Doctors Miss the Warning SignsThe most important thing to know about a c-section is that time is of the essence. Doctors should not delay in making a decision to perform the surgery, nor should they take too much time to prepare the mother for surgery.
Here are some reasons why a doctor would need to perform a c-section:
- The baby is in the wrong position for delivery.
- The baby otherwise has trouble progressing through the birth canal, and vaginal delivery is too dangerous.
- The mother is not in the right physical condition to deliver the baby.
- The baby’s heart rate is dropping or unstable.
- The umbilical cord is prolapsed
- There is placental abruption or placenta previa
- Labor is not progressing as it should.
- The baby’s head is too large to fit through the pelvis.
Reasons Why Physicians May Delay a C-Section Procedure
- The hospital can be too crowded, not allowing the doctor to properly take the time to care for the mother. The problem may be as simply as there is no delivery room. At the same time, the surgeon may have trouble timely assembling the surgical team.
- Obstetricians can simply misjudge the situation and exercise poor medical judgement when missing the warning signs.
- The physician may not realize the dangers that the infant is in because they are not adequately monitoring the infant’s condition.
- The hospital and the relevant medical professionals do not think that the health insurance will fully cover the procedure
Birth Injuries From a C-Section Delay
Here are some possible birth injuries that a baby can suffer due to a delayed c-section:
- Cerebral Palsy
- Erb’s Palsy
- Brain damage or other brain injury
- Brachial plexus
- Other physical injuries, such as shoulder dystocia
- Developmental delays
Damages in a Birth Injury Case
- Pain and suffering for both the mother and the infant child (this includes lifelong pain and suffering when the infant suffered permanent injuries that will affect him or her for a lifetime)
- Emotional distress
- The cost of lifelong medical care that the child will require because of severe injuries
- Earnings that the parent will lose since they will need to miss work often over the years to care for their child and take them to medical appointments
- Punitive damages against the doctor and the hospital if the mistake was bad enough.
Settlements and Jury Verdicts in C-Section Delay Cases
Frequently Asked Questions About Delayed C-Section LawsuitsCan You Sue for a Delayed C-Section?
The short answer is yes. The doctor must provide their patients with reasonable care. If they fail to make care decisions that a reasonable doctor would, they may have committed negligence. If that is the case, you and your minor child may be entitled to financial compensation to pay for both injuries to the mother and to the child.
How Quickly Can an Emergency C-Section Be Performed?
Part of the reason why doctors must make a prompt decision to perform a cesarean section is that it takes time to prepare the woman for surgery. Conceivably, the woman can be ready for surgery in 30 minutes after the decision is made. Sometimes, this is not enough to protect the health of the baby, who should have been delivered earlier in an emergency surgery.
How Dangerous Is an Emergency C-Section?
While there are definitely risks from any emergency procedure, a c-section is largely safe if the doctor performs the surgery correctly. The bigger risk is if the doctor delays the decision to opt for the surgery. In that case, the life of both the woman and her child can be in danger, and the child can suffer severe lifelong injuries.
Can a Delayed C-Section Cause Cerebral Palsy?
When an infant is in fetal distress, they may take in less oxygen. This can cause brain damage and injuries such as cerebral palsy. Doctors need to monitor oxygen levels to keep the infant safe. If they cannot ensure that the unborn child is getting enough oxygen during labor, they must perform an emergency c-section.
Do You Need a Lawyer for a Delayed C-Section Case?
When you are bringing any medical malpractice case or birth injury claim, you will need to show exactly how the doctor acted unreasonably. This requires a birth injury lawyer who is able to work with the relevant medical and scientific experts to show that the doctor did not uphold their duty of care.
How Long Will My Delayed C-Section Case Take?
It all depends on the court's schedule and whether the defendant is willing to settle the case. Medical malpractice cases take time because you will need to have detailed discovery and your trial may take some time as it involves scientific evidence. This is only after you get a court date in your case. It is not uncommon for these cases to take years to move through the legal system.
After you or your child has been injured by the doctor’s poor decision to delay or not perform a c-section, you should immediately seek legal help and schedule a free consultation with a delayed c-section lawyer. You will want to contact the law firm as soon as possible to get the process started for you and your family to receive financial compensation.
Talk to an Experienced Birth Injury Law Firm About a C-Section Birth Injury Case