What to Know About Delayed C-Section Medical Malpractice

Pregnant woman in hospital bed with overlay of medical technical data and digital clock counting down

If you are concerned about a medical malpractice birth injury resulting from a delayed C-section, you may be wondering if you should consult with a birth injury lawyer. Determining whether your case meets the criteria for a delayed C-section delivery medical malpractice suit requires the support of a highly qualified team. Read on to understand medical malpractice birth injuries and decide if consulting an attorney is the right next step for you.

What Is Delayed C-section Medical Malpractice?

Sometimes, a Caesarean delivery is planned in advance, either because of maternal or fetal complications or because the mother is not a good candidate for what is known as a VBAC, or vaginal birth after C-section. 

Other times, the need for a C-section is not apparent until labor is already underway. Delaying a C-section, especially in the face of obvious signs of fetal or maternal distress, can result in serious injuries or even death—and it may be medical malpractice.

C-sections might be recommended in the event of any of the following:

  • Delayed delivery or stalled labor
  • Concerning changes in the baby’s heartbeat
  • Fetal position that would make vaginal delivery dangerous
  • Multiple births, even if the first baby was successfully delivered vaginally
  • Complications with the placenta
  • Umbilical cord complications
  • Maternal health complications

The risks of delayed C-sections are serious and can result in lifelong injuries that impact families for decades. Delaying a C-section when medically necessary can cause the baby (or babies) and mother to experience devastating effects, including death. Seconds count when it comes to reducing the risk of physical injury, oxygen deprivation, and overall fetal safety. 

Medical malpractice birth injuries resulting from a delayed C-section happen when a medical professional, or team of medical professionals, fails to act on warning signs of risk to the mother or baby. This failure can result from improper monitoring during labor, inadequate staffing, poor equipment or facilities, a lack of training, or an error in judgment that violates the standard of care. 

Not all delayed C-section situations result from medical malpractice. Consulting with birth injury lawyers can help you navigate your medical records, recognize errors in care, and seek the justice you deserve and the compensation you need when malpractice appears to be the cause of injury. 

What Do You Need to Prove in a Delayed C-section Malpractice Case?

In order to prove a delayed C-section medical malpractice case, first consider the general requirements for a malpractice lawsuit:

  • Injuries. The violating standard of care resulted in injury.
  • Damages. As a result of the injuries, there are financial and emotional damages.
  • Violation of standard of care. The care provided did not meet the medical community’s generally accepted standards.

A delayed C-section case is not always easy to prove. However, under most circumstances, most modern labor and delivery facilities’ have the resources needed to enable the nursing team, midwife, or OBGYN to recognize signs that a C-section may be warranted early on. If there seems to be a problem, an emergency C-section—a phrase that sounds scary but is almost always just a proactive solution to a potential problem—may be required. 

OBGYN teams are trained to be prepared for emergency C-sections, but not performing a C-section quickly enough can result in devastating consequences. 

How Are Delayed C-Section Medical Malpractice Cases Resolved?

The first step in any medical malpractice case is to consult with a birth injury lawyer. If you have been affected by a birth injury, you may already be overwhelmed, so it’s important to find an attorney who will listen and communicate clearly with you. 

Because the statute of limitations for medical malpractice cases can be very strict—generally, you must file within one to five years, depending on your state—if you believe you have a case for delayed C-section medical malpractice, it’s important reach out to an experienced firm for a consultation as quickly as possible.

If they decide your case can move forward, your legal team will work to reach a fair settlement or get a judgment in your favor. Compensation amounts are dependent on a variety of factors:

  • Doctor and hospital bills—past, current, and future
  • Lost income—past, current, and future
  • Pain and suffering
  • Disfigurement and scarring
  • Quality of life concerns

Why Choose Janet, Janet & Suggs?

Janet, Janet & Suggs is a nationally recognized team with 40 years of experience. Our extensive network of expert witnesses and attorneys understand the specific needs of delayed C-section medical malpractice cases. 

JJS has an extensive proven track record of verdicts and settlements that demonstrates our commitment to working tirelessly for justice and fair compensation. In one of our cases, a Tennessee jury awarded $33.5 million after determining that a delayed C-section caused severe brain damage and cerebral palsy. While not all judgments are record-breaking, all cases deserve justice. If you or a loved one has suffered from delayed delivery medical malpractice, you may have grounds for a lawsuit. Because our commitment is first to get the justice you deserve and seek the compensation you need, there are no fees until we win your case. Contact us for a consultation to find out more about your rights and learn if your case might need the attention and skills of our team.

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