No two births are alike. So, when an emergency arises, medical teams need to respond quickly. One of the most critical decisions an obstetrician needs to make is whether or not to move forward with a C-section. In most cases, a timely C-section can help prevent serious harm to both mom and baby. However, when that decision to perform a C-section is delayed, it can have devastating consequences. How can delayed C-section decisions lead to birth injuries? The answer lies in the minutes when every second counts.
The Importance of Timely C-Sections
Most new parents go into the delivery room with a birth plan in mind. However, childbirth is often unpredictable, forcing expectant parents and their medical team to adjust on the fly. Though most childbirths go smoothly and without complications, not all do. In cases of fetal distress and other maternal health complications, a C-section may be the safest option for both mom and baby. Doctors and their medical teams are trained to identify signs of distress that may give rise to a C-section.
Common examples include:
- Fetal distress when the baby’s heart rate is dropping
- Placental complications, including placental abruption and previa that leads to severe bleeding and oxygen loss
- Umbilical cord problems, including when the cord is wrapped around the baby’s neck, cutting off their oxygen supply
- Failure to progress in labor, which often leads to lack of oxygen
- Uterine ruptures and high blood pressure, which can make rapid delivery necessary
These situations are incredibly serious and any delay in moving forward with a C-section can result in significant injuries. For example, even a few minutes without oxygen can lead to serious baby birth injuries, including cerebral palsy and hypoxic-ischemic encephalopathy (HIE). Mothers may also face serious complications not limited to infections and hemorrhages.
Why Would a C-Section be Delayed?
With these situations being so serious, you may be wondering why the doctor would delay performing a necessary C-section. There are a few common reasons:
- Lack of communication among medical staff
- Ignoring signs and believing labor will progress naturally
- Failing to recognize signs of fetal distress, including changes in the baby’s heart rate or reduced fetal movements
- Delays in preparing the operating room
As for whether or not these lead to medical negligence depends on the details of your case.
How to Prove Medical Negligence in Delayed C-Section Cases
Not every difficult outcome in childbirth is considered malpractice. For a birth injury claim to succeed, you need to show that the medical team strayed from the accepted standard of care and failed to respond as another qualified doctor would have in the same situation.
You may have a valid medical malpractice claim if any of the following occurred:
- Your medical team saw that your baby’s heart rate was dropping for several minutes, but failed to order a C-section
- The umbilical cord slipped into the birth canal, cutting off your baby’s oxygen supply
- Your doctor identified but ignored maternal complications such as a uterine rupture or preeclampsia
- The doctor postponed an emergency C-section because they were waiting for an operating room
- The surgical team was not prepared to perform a C-section despite clear signs that an emergency C-section might be needed
Your medical malpractice lawsuit lawyer will investigate the details of your pregnancy, labor, and delivery to determine if negligence played a role in your or your child’s injury.
What Your Family May be Able to Recover in a Birth Injury Claim
When an unexpected birth injury occurs, families are often left with overwhelming financial costs. A successful birth injury claim may be able to help you recover compensation for the following:
- Current and future medical expenses
- Therapy and rehabilitation services, including physical, speech, and occupational therapy
- Lost earning capacity if your or your child’s injury left you unable to work
- Assistive technology, including home modifications, wheelchairs and communication devices
- Pain and suffering, including emotional distress
Do You Suspect that a Delayed C-section Led to Your Birth Injury? Your Next Steps
If you believe a delayed C-section led to your or your baby’s injuries, here’s what you need to do:
Request Your Medical Records
Contact the Medical Records department from the hospital you gave birth in. In many cases, you can make this request online. Be sure to get everything, especially fetal monitoring strips. Don’t worry about getting too many records. Your attorney will be able to sort through them to determine what’s relevant and what isn’t.
Similar Post: What Evidence Is Crucial in Proving a Birth Injury Case?
Write Down Your What Happened
Write down everything you remember about your labor and delivery, including what was said, or concerns you had that went ignored. Include as much detail as you can, including names and dates, as well, as these will be helpful in establishing a timeline.
Get a Second Opinion
As mentioned earlier, in order to be successful in your claim, you need to prove that your OB/GYN deviated from the standard of care another doctor with similar training would have offered. Getting a second opinion can help you establish negligence and confirm whether delays occurred.
Contact an Experienced Birth Injury Attorney From Anapol Weiss Today
If you believe that a delayed C-section led to your or your child’s injuries, you need to consult with an experienced birth injury attorney as soon as possible. There is a statute of limitations in Pennsylvania that dictates how long you have to file a claim and pursue compensation. While this filing window can be tolled until your child reaches their 20th birthday, many claims need to be filed within two years of the date of injury.
These steps can help ensure that you meet the eligibility requirements for moving forward with a medical malpractice claim following a delayed C-section.
Similar Post: What Should I Know About Filing a Birth Injury Lawsuit in Pennsylvania?
If you believe your or your child’s injury was the result of a delayed C-section, contact the team at Anapol Weiss for a consultation. We will investigate your case thoroughly. If negligence played a role, we will hold the responsible party liable for the harm their actions (or inaction) caused.
You’re not in this fight alone. Call or fill out our online contact form today to speak with a member of our team. We represent families throughout Pennsylvania, including Allegheny County, Lancaster County and Monroe County, as well as nationwide. Whether you’re in Philadelphia County, Pennsylvania, Maricopa County in Arizona, Collin County in Texas, or Burlington County, New Jersey, Anapol Weiss is here to help.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.