Posted on 03/16/2022

Can you sue if your c-section was delayed?

Can you sue if your c-section was delayed?

Most cesarean sections are planned, however, at least half of c-sections happen in the event of an emergency.

Regardless, c-sections require the obstetrician to act thoroughly and quickly as to not put the mother or baby in danger.

If your c-section was delayed or if you or your baby sustained serious injuries from your c-section, then file a birth injury lawsuit against your medical provider and the hospital they were practicing under.

There’s many reasons why medical providers decide to do a cesarean section procedure. But with that being said, there’s also many health complications and risks involved.

We’re going to review both and why it’s essential you reach out to a medical malpractice attorney.

At the end I’ll share how to receive a consultation with an attorney to discuss your delayed c-section lawsuit, for free.

Were you injured by medical malpractice or are you reporting for someone else?(Required)
This field is for validation purposes and should be left unchanged.

By entering your contact information, you are providing consent for Grover Lewis Johnson to contact you at the email and number you provided via telephone, mobile device, text SMS/MMS and pre-recorded messages, even if you are registered on a corporate, state, or federal Do Not Call list. You are also acknowledging and agreeing to our terms of service and privacy policy. Consent is not required to use our services.

Reasons why doctors may delay a c-section procedure

1 in 4 pregnant women will have a c-section procedure.

More than half of cesarean sections are scheduled ahead of time to take precautions in situations where the mother and baby are at risk. 

The other half of c-sections are performed in situations that can be life-threatening to the mother and newborn.

Obstetricians could prevent an emergency c-section by scheduling and planning for one ahead of time, which would lessen the risks and birth injuries involved.

An obstetrician should suggest scheduling a c-section in the following situations:

  • the mother has a history of having c-sections
  • the mother has an active infection or STI
  • there is a problem with the umbilical cord 
  • there is placenta previa or other complications that are inhibiting the baby’s supply of oxygen and nutrients

The main reason why a delayed c-section can be considered malpractice is because a failure to order the c-section in a timely manner, when a complication arises during labor, is not upholding the standard level of care.

When there are signs of fetal distress, abnormal heartbeats, or if membranes rupture, then a decision needs to be made quickly.

Another common reason as to why doctors may delay a c-section would be if the obstetrician failed to create a plan and put together a team in a timely manner.

If it took your delivery team more than 30 minutes to begin, then it took them too long.

Most birth injuries due to delayed c-sections are irreversible and in the worst scenario, can be fatal.

An experienced medical malpractice attorney can review how you or your baby’s birth injuries are due to medical negligence, or malpractice, and why this is grounds for a delayed c-section lawsuit.

Birth injuries caused by c-sections

There are many birth injuries caused by c-sections that not only affect the newborn, but the mother as well.

Some of the most common birth injuries to babies include:

  • Brain injuries 
  • CPD
  • Lacerations or bruising
  • Oxygen deprivation 
  • Sepsis or infections
  • Still-birth

Some of the most common birth injuries to the mother include:

  • Bruising, lacerations and other injuries from the procedure 
  • Infection — Infections can occur at the location of the c-section and in the pelvic organs.
  • Postpartum hemorrhages — There can be a lot of blood loss from the surgery which can lead to anemia.
  • Reactions and health complications from medications
  • Death

Damages in a birth injury case

If you or your baby has experienced a birth injury due to a delayed c-section, chances are you will spend a lot of money and resources to provide a high quality of life for you or your baby.

Damages refers to the monetary and nonmonetary cost of your injury.

If the courts find your medical provider, or the hospital they were caring under, legally responsible, then you will be awarded for damages.

If your case goes to trial, the jury and judge will determine the damages of your case and how much money you would have saved if you or your baby hadn’t been injured. That’s the amount that you would be awarded. 

In the event that your baby has sustained an injury, they will most likely need treatment and therapy throughout their entire life. This is something the courts would take into account.

Damages can include, but are not limited to:

  • Hospital bills
  • Doctor’s visits
  • Therapy or treatment
  • Loss of wages
  • Prescriptions
  • Lab work or diagnostic tests
  • Loss of quality of life
  • Emotional and physical distress caused from the injury 

If you or your newborn has sustained a birth injury due to a delayed c-section, then contact a medical malpractice lawyer to find out if you have a case and how to get started.

Do you need a lawyer for a delayed c-section case?

The simple answer is yes. 

To win a medical malpractice case, you will need to prove three elements:

  1. That you were under the direct care of the medical provider, or hospital they were practicing under
  2. That your medical provider acted with negligence and you or your baby sustained an injury because of their negligence
  3. That you or your baby incurred damages due to the injury

You would benefit greatly from having a medical malpractice attorney with a history of fighting for birth injuries because they would be knowledgeable of up to date medical practices and advances. 

A medical malpractice attorney will also be aware of the laws in place to file a lawsuit – one of which being the statute of limitations. This law speaks to when you can file your case. 

Some law firms, like Grover Lewis Johnson, will assemble an entire medical malpractice team to take on your lawsuit depending on the lawsuit.

If this is the case, then there would be multiple attorneys to assist your case, and more specifically an attorney who would be able to negotiate a settlement. Not all lawsuits result in settlement, however, it’s often the preferred route.

If your c-section was delayed and you or your newborn has sustained injuries due to the negligence of your medical provider, you deserve compensation.

With any legal matter, time is of the essence

Call Grover Lewis Johnson today for a free consultation to discuss your delayed c-section lawsuit.