Failure to Perform a Timely C-Section Causing Birth Injuries

Most expectant mothers would prefer not to have a Caesarian section (C-section) delivery when giving birth. A C-section is a surgical procedure that requires cutting through the mother’s abdominal wall and uterus. As such, it carries a longer recovery time and a somewhat higher risk of complications after birth or in future pregnancies. There is also the risk of birth injuries from a C-section.

That said, the benefits of a C-section often outweigh the disadvantages, and nearly 1 in 3 births in the United States are by C-section. Many C-sections are planned (elective) because of the positioning of the baby or the placenta, when there is a multiple pregnancy, or for a variety of maternal or fetal health issues. Elective C-sections are also common when a mother has had a previous Caesarian birth.

Other times, C-sections must be performed on an emergency basis due to fetal distress, placental abruption, umbilical cord prolapse, uterine rupture, eclampsia or preeclampsia, or other conditions. In these situations, minutes matter—and a failure to perform a timely C-section may be medical malpractice.

C-section Birth Injuries

When a C-section is medically indicated, delays can lead to serious, and perhaps life-threatening, injuries to the baby. These include:

• Hypoxia (lack of oxygen), which can cause cerebral palsy or other permanent brain injury
• Nerve damage or fractures due to birth trauma
• Bleeding in the brain
• Infections like chorioamnionitis, if the amniotic sac has been ruptured for too long a period before delivery
• Death

Delaying a necessary C-section also has significant risks for mothers, such as:

• Exhaustion and dehydration from extended labor that is not progressing
• Pelvic or uterine infection from a prolonged labor after membranes have ruptured
• Hemorrhage (excessive bleeding)
• Uterine rupture, especially in women with previous C-sections attempting vaginal birth after C-section (VBAC)
• Surgical complications from rushed C-section
• Death

While there are some situations in which a woman can be allowed to continue to labor in the hopes of giving birth vaginally, sometimes a C-section is medically necessary and should not be delayed.

Reasons for Failure to Perform a Timely C-section

Just as there are many reasons to perform an emergency C-section, there are also many reasons for a negligent failure to perform a timely C-section, including:

• Negligent monitoring of the mother’s or fetus’s vital signs, such that fetal distress and other complications are overlooked
• The medical staff is monitoring the mother and fetus, but attribute signs of maternal or fetal distress to causes that do not call for surgical intervention
• Breakdowns in communication between nurses, obstetricians, and anesthesiologists
• Medical professionals’ personal bias in favor of vaginal birth
• Hospital policies that rigidly encourage a “wait and see” approach
• Logistical issues such as a lack of trained medical staff or available operating rooms
• Delays in prepping the patient for surgery

Many of the reasons for failure to perform a timely C-section are linked to understaffing or training issues, while others are tied to the actions of an individual. When there is a birth injury from a C-section due to medical malpractice, it may be appropriate to file a claim against not only individual medical providers, but the institution itself.

How Do I Know if My Doctor Didn’t Perform a Timely C-Section?

There is a lot going on during a birth, and when an injury occurs, it is not always clear whether it was caused by negligence. It may be difficult to know for sure whether your injury, or your baby’s, was caused by medical malpractice.

However, if any of the following occurred, you may want to consider the possibility that malpractice took place:

• APGAR scores below seven at five minutes , which could be a sign that the baby was subjected to oxygen deprivation or suffered other distress during the birth
• The baby needed to be taken to the NICU immediately after birth
• The baby suffered severe respiratory problems or seizures or was unresponsive after birth
• The baby was diagnosed with hypoxic-ischemic encephalopathy, a kind of brain injury due to lack of oxygen
• The baby was diagnosed with cerebral palsy or other developmental delays
• The baby suffered bruising of broken bones during the birth
• Labor was prolonged and followed by an emergency C-section
• The mother suffered severe bleeding during or after the birth
• The mother needed an emergency hysterectomy
• The mother developed a severe infection or sepsis after the delivery
• The mother suffered a uterine rupture, especially during an attempt at VBAC

All of these events are signs that medical malpractice may have taken place, and warrant further investigation.

Contact an Experienced C-Section Malpractice Attorney

If you suspect that your doctor failed to timely perform a medically necessary C-section, request your medical records; you have a right to them. You should also consult an experienced medical malpractice attorney to discuss whether you may have a claim for malpractice. To learn more about C-section birth injuries or failure to perform a necessary C-section, contact The Fraser Law Firm to schedule a consultation.