The birth of a new baby should be one of the most joyous times of your life. When a C-section results in injuries or death, it can be physically and emotionally devastating. You have the right to compensation for C-section injuries you or your baby suffered during delivery.
A birth injury lawyer can help. Call today at 1-800-222-9529 to connect with a lawyer in your state.
C-Section Injuries Lawsuits & Injury Cases
To file a medical malpractice lawsuit due to a C-section birth injury, you must be able to prove your medical team was negligent or failed to meet the acceptable standard of care in your state. You also need to be able to prove you have recoverable damages. Recoverable damages include economic damages that compensate you for lost wages, current medical expenses, and future medical care. Recoverable damages can also include noneconomic damages such as pain and suffering.
Because a team of doctors, nurses, anesthesiologists, and other medical professionals participated in performing your C-section, you will also need to determine who is liable for the injuries you suffered. In addition to these factors, you must file your case in accordance with your state’s deadline.
It can be difficult and time-consuming to gather all the information you need, identify the correct parties to pursue, and meet all state guidelines and timelines for filing your case. The attorneys at Birth Injury Lawyers Group can help you prepare and file an accurate claim against the right parties.
C-Section Injury Types
If you have recently undergone a C-section, and you or your baby suffered one of these injuries, you may be eligible for compensation:
- Fetal distress
- Placental abruption
- Undiagnosed blood clots
- Nicks and cuts to the baby
- A wound that does not heal
- An infection at the wound site
- Unintended injury to your bladder
- Postpartum hemorrhage
- Severe and unrelenting headaches
- Death
C-Section Injury Causes
C-section injuries can result from:
- Improperly administered anesthesia
- Use of anesthesia that you are allergic to
- Mishandled surgical tools
- Physician error
- Surgical error
- Waiting too long to perform a necessary C-section
C-Section Injury Symptoms
The symptoms you or your new baby experience following a C-section might include cuts, lacerations, and difficulty breathing for the baby. You might suffer from C-section injury symptoms like extensive pain, a surgical scar that does not heal in a timely fashion, prolonged fever, or discharge from the wound.
C-Section Injuries Diagnosis and Treatment
Because C-section injuries can take on a variety of forms, the diagnoses and treatments vary according to the injury you may have suffered. Some of the injuries that could result from a C-section include postpartum hemorrhage, negative or allergic reactions to anesthesia, and infection at the site of the surgical scar.
In addition to injuries the mother may suffer, a baby delivered by C-section might also experience cuts and nicks from surgical instruments, respiratory complications, and lengthy hospital stays.
C-Section Injuries Frequently Asked Questions
How Do I Know If I Have Experienced C-Section Injuries?
If you experience symptoms related to C-section injuries, seek medical attention immediately. Some symptoms to keep an eye out for include:
- Persistent fever
- Oozing, draining, or a foul odor at the incision site
- Redness and tenderness at the incision site
- Abdominal pain
- Excessive bleeding from the vagina that does not slow or stop over time
Can C-Section Injuries Be Fatal?
A C-section is a serious surgical procedure. When it goes wrong, some injuries could prove fatal for mother and for baby. One of the conditions you might develop during, or as a result of, a cesarean delivery is blood clots. In some cases, these clots can potentially travel to your legs, pelvic organs, and lungs and cause death.
Who Is Liable For C-Section Injuries?
On your own, it can be difficult to determine who to hold responsible for C-section injuries. You may have a case against the physician who treated you, the anesthesiologist who administered drugs during your delivery, or even the hospital. An attorney can help you determine the right party to pursue the financial compensation you deserve.
What Is the Statute Of Limitations For C-Section Injuries?
Each state in the US limits the amount of time you have to file a claim for C-section injuries due to medical malpractice, however, the specific limits vary from state to state. Contact a lawyer familiar with the laws in your state in order to learn more.
A lawyer can help you understand additional time limitations that might apply to the infant.
Additionally, a statute of repose could remove some of your legal rights to sue the doctors and hospitals who caused your C-section injuries if your case is not filed within specific timelines. Call 1-800-222-9529 to connect with a lawyer who can help you. Your lawyer can help you understand the timeline of your claim and avoid overstepping the time limits.
C-Section Injuries Frequently Asked Questions
- What Are Fetal Lacerations?
Fetal lacerations are injuries that occur to a newborn during a C-section delivery. These nicks and cuts are typically due to errors in the handling and application of medical implements like scalpels, forceps, and other surgical tools. - What Is Hemorrhaging?
Hemorrhaging is the loss of profuse amounts of blood. When a hemorrhage occurs in the aftermath of C-section delivery, it is called postpartum hemorrhage or PPH. PPH is characterized by heavy bleeding from the vagina that does not decrease or stop on its own and is accompanied by symptoms like fever, chills, dizziness, or nausea. - What Are Anesthesia Injuries?
Anesthesia injuries are instances where a patient suffers an adverse reaction to too much or too little anesthesia. Anesthesia injuries also occur when a patient is not correctly monitored during anesthetic sedation or is given an anesthetic to which they are allergic. - What is Delayed Birth?
Delayed birth generally refers to a stall in delivery when the baby remains in the birth canal for an extended period of time. This can lead to birth injuries, lifelong disabilities, and other health concerns. Doctors must monitor the health of the mother and the baby, as well as the progress of the pregnancy, and ensure they make choices to reduce the chances of a stalled delivery. When a mother enters the second phase of labor, she begins pushing, and the infant moves further down the birth canal. If progress stalls at this point and she continues pushing for three hours or more, the baby could be in danger.
Find A Birth Injury Lawyer Near Me
If your baby suffered injuries as a result of a negligent C-section, call the Birth Injury Lawyers Group today at 1-800-222-9529 to find a lawyer in your state who can help with your birth injury lawsuit.
C-Section Injury News
It is easy to put someone under with anesthesia. It’s much more difficult to do it safely and keep them under, even for something like an epidural. A mother in England swore off of getting pregnant ever again after her epidural wore off in the middle of her C-section. Metro reported on the incident.
The mother was undergoing a difficult birth. Two days of labor had passed and still her baby refused to be born. When the baby’s heart rate began to slow from the contractions, the doctors rushed her in for an emergency c-section.
She already had an epidural installed when she was induced and the doctors upped the dosage of pain medication. However, it wasn’t enough. Due to the circumstances, the mother was barely able to answer the doctor’s questions on whether she could feel anything.
According to her account, the first cut felt like slight pressure. But when they started to move the muscles aside she felt intense pain. Her blood pressure rose to the point where the doctors made the decision to give her full general anesthesia.
It took an hour and a half for the procedure to finish and for her to be able to hold her baby. Thankfully, both mother and child survived the procedure. Yet due to the pain of the experience, she has vowed to never become pregnant again.
Not every doctor has the interest of their patients in mind. They can be quick to blame the patient for a medical error, even if it’s a baby. An egregious case comes out of Russia that has made the news. The Digital Wise reports.
A young mother had hoped to give birth naturally at a public hospital in southwest Russia. However, doctors said that the baby had changed position and that the mother required a C-section. An epidural failed to block the pain, so they put her under with intravenous anesthesia.
When she woke up, her baby was delivered. However, there was a scalpel scar on the baby’s face. Doctors told her that her baby “shouldn’t have moved so much”.
The mother has also caught a fever following the c-section and is on antibiotics despite breastfeeding the baby. The hospital hasn’t explained their actions yet.
This is a horrifying case and we hope that the mother and the baby are able to receive compensation under the laws of their country. We trust surgeons to know how to wield a scalpel, especially for delicate situations like this. If the blade had caught the child’s eyes, she could have been born permanently blind.
Blaming the injury on a child who is just being born is awful. We hope that this family receives justice.
Mothers have a choice between having a natural vaginal birth and a cesarean section birth for their babies. Some women want to opt for a cesarean section because it’s much faster than most vaginal births, but it does carry some risks. Business Insider talks about some of these risks.
The procedure usually takes around 45 minutes. After a spinal anesthetic is given to numb you from the waist down, the doctors make incisions to cut down to the womb, then pull out the baby and repair the incisions.
It sounds like a dream compared to the 12-24 hours of labor for most new mothers, but C-sections cause increased risks of clots, blood loss, infections, and bowel/bladder injuries. That said, it is still a safe procedure.
Doctors prefer that women perform a vaginal birth if they can. Once you’ve had one it will be dangerous in the future to give birth through the vagina. Scarring is also possible which may bother some women.
There are certain complications that make a C-section preferable despite the risks. The most well-known is if the baby is turned the wrong way in the womb, but there are others. Babies over 10 pounds, multiple births, or dilation problems can also be factors for recommending a C-section.
Whether you elect to have one or your doctor recommends one, they should tell you all the possible risk factors you can face if you go through the procedure so you can make an informed choice.
What Are the Risks of a C-Section?
If a doctor suggests you should have a cesarean section (C-section) delivery, you may wonder what the risks of a C-section are. The mother could suffer complications due to infections or blood loss, and the baby may suffer injuries like lacerations.
The Centers for Disease Control and Prevention (CDC) found that over 30 percent of all births in the United States in 2018 involved a C-section. Although the majority of these surgeries and births are completed successfully without endangering the mother or baby, in some situations there may be risks as severe as fatalities. According to a 1989 study hosted by the National Center for Biotechnical Information (NCBI), there are 27 deaths per every 100,000 C-sections in the United States and Europe.
WHY MIGHT A C-SECTION BE DANGEROUS?
A C-section is a type of surgery. The doctor must make incisions in the skin and uterus of the mother to allow the baby to be born, for instance, if they are being delivered in a breech (feet-first) position. The mother may need to go under anesthesia to start the procedure.
If the doctor determines that a C-section birth is needed after contractions have started, this is considered an emergency C-section, which may complicate the surgery and create a greater risk for the mother and the baby than if the doctor can plan the C-section ahead of time.
POSSIBLE RISKS TO THE BABY
If the doctor chooses to order a C-section in an emergency situation, it is likely because the baby is thought to be in some distress. If the baby is already in some distress, the added stress of a C-section on the mother’s body could aggravate some of those risks.
Some ways a baby may be at risk during a C-section include:
- Lacerations: if the doctor makes an incision on the mother’s uterus, he or she may cut too deeply and nick the baby’s skin, leading to possible blood loss or an infection.
- Breathing: the baby may struggle to breathe immediately after a C-section birth, possibly because of complications with the anesthesia given to the mother before the surgery.
- Lack of energy: if the baby’s Apgar scores are poor immediately after birth, meaning the baby does not show responsiveness to stimuli, this may indicate the baby is in significant distress.
POSSIBLE RISKS TO THE MOTHER
The mother may have significant injury risks, up to and including fatal injuries, during or after a C-section birth.
Infections and Sepsis
As with any type of surgery, the mother undergoing a C-section will be at risk of an infection while healing from the incision.
Should the mother contract an infection, if the body’s immune system goes overboard trying to combat it this may result in sepsis. According to the CDC, about 1.7 million Americans develop sepsis each year, and about 270,000 of them die from the condition.
Blood Loss
Although C-section is a surgery, it rarely results in significant blood loss for the mother.
However, should the mother need a blood transfusion during or after their C-section, this may indicate that a serious problem has occurred with the surgery, meaning her life may be in danger.
Poor Reaction to Anesthesia
Sometimes a C-section may be the first time a mother is given anesthesia. If the mother has a bad reaction, her blood pressure may drop to a dangerously low level, or she may have difficulty breathing properly.
Future Birth Risks
Once a mother has undergone a C-section, future pregnancies may be more dangerous. The mother may need to have a C-section on all future births, as trying to have a natural birth could result in the C-section surgical scar to open, creating further risks.
WEIGHING THE DANGERS OF C-SECTIONS
A doctor may tell you that you will require a C-section well before your child’s due date, but other times it may come about because of complications during a natural birth. While there are risks to a C-section delivery, it is generally safer than other types of surgery. However, if the doctor is negligent and makes a mistake during the C-section, he or she puts the mother and baby in danger.
If you believe a doctor’s negligence led to injuries you or your baby suffered after a C-section birth, you may be entitled to receive compensation in a medical malpractice case. Call the Birth Injury Lawyers Group at (800) 278-9191 for a free case review.
Is a C-section More Risky Than a Natural Birth?
As you create a birth plan for your newborn, you may be wondering, is a C-section more risky than a natural birth? Although modern medicine has made the C-section a safe and even common operation, it is slightly riskier than a vaginal birth.
According to the Centers for Disease Control and Prevention (CDC), 2.58 million natural births occurred in 2018 across the United States, versus 1.21 million Cesarean deliveries, meaning roughly 32% of all American births were done by C-section. In some states, such as Florida and Louisiana, the CDC reports that C-section births made up almost 37% in 2018.
PROS AND CONS OF C-SECTION BIRTHS
Sometimes, a birth doctor will schedule a C-section well ahead of the birth, anticipating potential complications during labor, such as a larger-than-average birth weight for the baby.
Other times, the doctor may order a C-section as an emergency procedure after the mother has begun having contractions. Perhaps the baby is in distress or labor is not progressing as it should, making a C-section a better choice.
Benefits of a C-Section
The primary benefit of a C-section is the ability to deliver the baby safely when something has gone wrong with the vaginal birthing process. Some of the reasons a doctor may request a C-section include:
- Distress from the baby. If the baby’s heartbeat or other vital signs are not as strong as they should be, the doctor may choose to speed up the birthing process with surgery.
- Multiple births. A birth involving twins or triplets is far safer with a C-section.
- The size of the baby’s head: If the baby has a larger head than will fit safely through the birth canal, it could cause complications in a vaginal birth.
- Abnormal positioning. If the baby is in an abnormal position in the womb when contractions begin, it can also complicate a natural birth. This includes a breech baby with the feet first, or a transverse baby with the shoulder first.
Additionally, doctors will almost always recommend a C-section when the mother has had a baby by C-section previously.
Dangers of a C-Section
Because a C-section involves major surgery, there are dangers to the mother and the baby with this type of birth. Some of these include:
- Heavy bleeding. The mother may bleed excessively during or after the surgery, placing her life in danger.
- Infection. The mother could develop an infection at or near the site of the incision.
- Anesthesia problems. The mother could have adverse consequences after undergoing anesthesia for a C-section. In addition, some babies can develop breathing problems after a C-section that may be related to the use of anesthesia.
CHOOSING A C-SECTION
One of the biggest concerns for a woman after a C-section is that during a future pregnancy, the uterus could tear open along the previous surgical line if done vaginally. The mother could also develop problems with the placenta in future births after a C-section.
For this reason, the majority of doctors will only recommend a C-section birth when a vaginal birth is riskier. Doctors rarely choose a C-section when the mother requests one just so she can avoid the pain of contractions from a vaginal birth.
Emergency C-Section Decisions
Even if you plan to have a natural birth, it is possible that complications during the birthing process will require your doctor to switch you to a C-section birth.
Doctors need to make the decision to go with a C-section in a timely manner during the birthing process. Should the doctor wait too long to order a C-section, it could result in significant distress for the baby or the mother.
For example, a baby whose shoulders are stuck in the birthing canal may suffer a condition like Erb’s palsy because of nerve damage. The doctor should anticipate the problem and order the C-section as soon as possible.
DO YOU HAVE A MEDICAL MALPRACTICE CASE?
If you believe your doctor placed you or your baby at risk during the birth process, you may be asking yourself, “Is a C-section more risky than a natural birth?”
Your doctor must weigh the risks and benefits of choosing the type of delivery you will have. If you believe the doctor did not make the right decision to perform a C-section instead of a natural birth, or vice versa, resulting in injuries, you have the right to seek damages for you and your baby’s medical bills, pain, and suffering.
At the Birth Injury Lawyers Group, our team is ready to work on your behalf in this type of case. Call us at (800) 278-9191 for a free consultation today.
How Does The Timing Of A C-Section Contribute To Birth Injuries?
The timing of a C-section can contribute to birth injuries because a delay in opting for this type of delivery might lead to otherwise avoidable birth and brain traumas. The rate of birth injuries is lowered when doctors use ultrasound technology and prenatal assessments to monitor pregnancies and choose C-section delivery in a timely manner to avoid foreseeable risks of birth injuries and trauma.
WHEN YOUR DOCTOR SHOULD OPT FOR A C-SECTION DELIVERY
A C-section delivery can be an elective procedure. Doctors often choose to perform C-section deliveries when doing so would be safer than vaginal delivery for the health and safety of you, your newborn, or both. Situations might include:
- When your baby is breech
- Has an abnormal heart rate
- Show other signs of fetal distress
You might also require a C-section if your unborn baby is in an abnormal position that stalls delivery, might lead to your baby becoming stuck in the birth canal, if you suffer from placenta previa, or if you have a prolapsed umbilical cord.
It is considered a safer method of delivery when labor fails to progress or progress too slowly. A C-section might also be warranted when your baby is in an abnormal position such as breech or transverse or has an abnormal heart rate.
RISKS ASSOCIATED WITH A C-SECTION DELIVERY
A C-section can be preplanned or can result from an emergency during your baby’s birth. Depending on the type of anesthesia you receive, you might be able to hear and see your baby immediately following their C-section delivery.
A C-section is a major surgery that carries its own set of risks. Risks to your baby include:
- Breathing problems such as transient tachypnea
- Surgical injuries such as nicks and cuts to your baby’s skin
Risks to you include:
- Uterine infections such as endometritis
- Postpartum hemorrhage
- Blood clots, particularly in the legs, pelvic organs, and lungs
- Wound infections
- Surgical injuries to your bladder or bowels
You might also have greater health risks during future pregnancies, higher risks of placenta previa, and a risk that your uterus might tear if you choose subsequent vaginal births.
Breech or Transverse Birth Presentation
Breech presentation means your baby’s buttocks or feet are in the position to be delivered before their head. Your baby’s hips will be flexed with their knees extended and their feet close to their heads.
A transverse lie birth presentation means your baby is laying either horizontally or sideways in your uterus. This can cause your baby to suffer oxygen deprivation or suffer skull injuries.
Transient Tachypnea
Transient tachypnea is a breathing disorder often found in early term or late preterm infants. Newborns who suffer from transient tachypnea experience rapid breathing due to leftover fluid in their lungs. It is more likely to occur in babies delivered by C-section than babies born via vaginal delivery.
RECOVERING COMPENSATION FOR BIRTH INJURIES DUE TO A DELAYED C-SECTION
If your baby suffered from a birth or brain injury and you believe a delay in offering to deliver your son or daughter via C-section may have led to their condition, you may have the basis for a lawsuit. You might also have the basis for a birth injury lawsuit if your child was cut or injured during a C-section delivery.
When you are ready to hold the physician and medical professionals who treated you during your pregnancy, labor, and delivery responsibility for the role they played in your newborn’s condition, consult a birth injury attorney who knows that the timing of a C-section can contribute to birth injuries. Call the Birth Injury Lawyers Group at (800) 278-9191 for a free consultation today.
Can a C-Section Be Fatal?
According to the Centers for Disease Control and Prevention (CDC), 31.9% of babies born in 2018 were via c-section. Although it is rare for a c-section to be fatal, there are risks that could potentially lead to a fatality. A c-section carries all the same risks as other types of surgeries. However, this type of surgery also carries the added challenge of protecting the health of the baby as well as the mother. The greatest risks for the mother are:
- Reactions to anesthesia: anytime you undergo surgery and are given anesthesia, there is a possibility that you could experience life-threatening complications.
- Postpartum hemorrhage: heavy bleeding can occur during or after a c-section surgery that could rapidly become life-threatening to the mother.
- Blood clots: a c-section can increase the likelihood of developing a potentially life-threatening blood clot, especially in the pelvic organs or legs.
- Surgical injury: though an injury from the surgery is uncommon, a surgical injury can occur to the bowel or bladder, causing complications and a need for further surgery to repair the damage.
- Wound infection: in some rare cases, a c-section can increase the likelihood of a dangerous infection for the mother.
- Infection: a c-section increases the likelihood that the mother could develop an infection in the uterine lining.
RISKS TO THE BABY
A c-section is generally a safe surgery. However, like any surgery, there are risks for the mother as well as the baby, especially if the surgery was an emergency c-section. The greatest risks to the baby are:
- Transient tachypnea: this is a breathing problem characterized by abnormally fast breathing. It is more common in babies that are delivered via c-section.
- Surgical injury: it is extremely rare, although accidental cuts to the baby’s skin during the surgical procedure are possible.
REASONS FOR EMERGENCY C-SECTIONS
There are times when a c-section is safer for the baby and/or mother than a traditional delivery. Some of the most common reasons are:
- Labor that is not progressing: if a mother’s delivery is not progressing, despite strong contractions, a physician may recommend getting the baby out via c-section.
- Multiples: when a mother is carrying multiple babies, physicians often recommend a c-section to remove the babies safely.
- Complications with the placenta: if the placenta is covering the opening of the cervix, a condition known as placenta previa, a c-section is generally recommended.
- Distressed infant: if the doctor notices changes on the fetal heart rate monitor and is concerned about its heartrate, a c-section is often suggested.
- Abnormal position: if the baby is breech, where he or she is feet or buttocks-first in the birth canal, or traverse, where the baby’s shoulder or side is entering the birth canal, a c-section is often advised to deliver the baby safely.
While surgical intervention is often necessary in order to increase the likelihood of a safe delivery for both the mother and the baby, the likelihood of complications can increase with an emergency c-section. According to an article published in Insights into Imaging, there has been an increase in the number of deliveries via c-section, and with it, an increase in the number of complications. The complication rate for early deliveries is 14.5% of c-sections, with infection as the most common complication.
SIGNS A C-SECTION WOUND IS BECOMING INFECTED
There are some signs you should watch out for that can indicate you are developing an infection. They include:
- Pain that is getting worse
- Bleeding that is getting heavier
- Fever
- Swelling, redness, or discharge leaking from the incision
POTENTIAL DAMAGES AFTER C-SECTION COMPLICATIONS
There are many potential recoverable damages that a mother could recover for injuries caused by a c-section. Some possible recoverable damages include:
- Pain and suffering
- Hospitalization
- Surgical procedures
- Ambulance transportation
- Medication
- Specialist consultations
- Doctors examinations
- Lost wages
- Out-of-pocket costs
If your loved one died because of complications stemming from a c-section, you have the right to hold the negligent healthcare provider responsible. Some possible recoverable damages for this type of claim include:
- Funeral and burial costs
- Pain and suffering the victim endured
- Pain and suffering the family endured
- Loss of consortium
- Wages and benefits previously provided by the deceased
HOW A LAWYER CAN HELP
C-sections are not typically fatal. Although, complications can occur if a surgeon does not properly clean the incision site or does not provide the proper level of care during or after the surgery. If you or someone you love is hurt or suffering because of a surgeon’s mistake or negligence, you have the right to hold them responsible for your or your family’s losses.
The Birth Injury Lawyers Group can help. We are a team of lawyers who have committed our time to help our clients pursue compensation in birth injury cases. For a free, no-risk review of your case, call the Birth Injury Lawyers Group at (800) 278-9191.
What Causes Death During C-Section?
Cesarean section (C-section) births are common, accounting for about 32 percent of all births in the United States in 2018 according to the Centers for Disease Control and Prevention (CDC). However, because a C-section involves major surgery, it has dangers associated with it, including the possibility of death. Complications like hemorrhaging or contracting an infection can cause death during C-section surgery.
RISKS OF FATALITY DURING A C-SECTION BIRTH
Even though a C-section is relatively safe compared to other types of surgeries, the possibility of a fatality still exists. According to the CDC, roughly 700 mothers die during childbirth in the United States each year. There are about 27 deaths per every 100,000 C-sections in the United States and Europe according to a 1989 study hosted by the National Center for Biotechnical Information (NCBI).
Causes of deaths for the mother during a C-section may include:
Hemorrhage
Extensive blood loss is a risk in all types of surgeries. Women may lose blood during a vaginal birth, but the risk of significant blood loss is higher with a C-section birth.
Blood transfusions are rarely necessary after a C-section, but if the doctor must order a transfusion the situation is extremely serious for the mother.
According to a 2019 article from the World Health Organization (WHO), 32 percent of all maternal deaths after a C-section birth in a collection of studies were attributed to postpartum hemorrhaging.
Sepsis
Infection is also a danger in any kind of surgical procedure. If the body reacts to an infection too strongly, this may lead to septic shock and greatly increasing the chance of death. After a C-section surgery, infections may form at the surgical site on the skin, in the uterus, or in nearby organs. Doctors must monitor the mother for any signs of infection and sepsis after a C-section birth.
The 2019 WHO article reports that about 22 percent of all C-section deaths worldwide occur because of sepsis.
Pre-eclampsia
If a woman is suffering from pre-eclampsia during pregnancy, doctors may find signs of increased blood pressure or damage to the kidneys and liver roughly halfway through the gestation period.
If pre-eclampsia is present, doctors may seek to deliver the baby before it reaches full term to protect the life of the mother. However, doctors have to weigh the risk to the mother with risk to the baby if it must be delivered prematurely.
About 19 percent of women around the world who die after a C-section have been diagnosed with pre-eclampsia, according to a 2019 WHO article.
Anesthesia Reaction
If a mother receives anesthesia for the C-section surgery, she could develop complications that put her health in danger. Some signs of distress because of a bad reaction to anesthesia include:
- Drop in blood pressure
- Shortness of breath
- Swelling in the face
In about 14 percent of deaths after a C-section are due to an adverse reaction to the anesthesia, according to the WHO. Sometimes a C-section is the first surgery a woman has had in her life, so she may not know if she reacts adversely to anesthesia. Doctors must closely watch for the signs of danger from anesthesia.
Risks to the Baby
Babies born via C-section are rarely at risk of a fatality. However, there may be some complications for the baby related to a C-section delivery, including:
- Breathing problems, such as asthma
- Lack of responsiveness after the birth
- Injury to the baby from a stray incision by the operating doctor
HELPING VICTIMS OF MEDICAL MALPRACTICE
If your doctor’s negligence led to a mistake during the birthing process, either by ordering an unnecessary C-section delivery or by waiting too long to switch from a vaginal birth to a C-section, you may be entitled to compensation for medical bills, pain, and suffering via a medical malpractice lawsuit against the staff of a hospital.
In worst-case scenarios, conditions like hemorrhaging may cause death during C-section surgery, and if this has happened you can file a wrongful death lawsuit on the mother’s behalf. Although many different issues may lead to a mother’s death during childbirth or after a C-section, many of them potentially trace back to mistakes made by medical personnel.
If you believe you have a case to bring a lawsuit against the doctor on behalf of your loved ones, contact the Birth Injury Lawyers Group. Our team helps victims of medical malpractice fight for the compensation they may be entitled to. Call us at (800) 278-9191 for a free review of your case.
What Causes the Need For a C-Section?
The most common reason that causes the need for a c-section delivery is that the delivery has stopped progressing despite the mother having strong contractions. The doctor may recommend a c-section to ensure the baby is delivered safely and also to protect the health of the mother.
Some other reasons a physician may suggest the need for a c-section are:
- Distressed infant: during labor and delivery, the doctor constantly monitors the baby’s heartbeat. If the physician detects concerning changes in the baby’s heart rate, they likely will suggest an emergency c-section.
- Multiple babies: from the Center for Disease Control and Prevention (CDC), a pregnant mother had a 3.26% chance of delivering twins in 2018. If a mother is carrying twins, triplets, or other multiples, there is a strong possibility that the physician will suggest a c-section.
- Abnormal position: if a baby is in a breech or traverse position, with its side or shoulder positioned in the birth canal, the doctor likely will suggest a c-section.
- Health concern of the mother: if the mother has a heart or brain condition or an active sexually transmitted infection at the time of delivery, the physician may suggest a c-section.
- Prolapsed umbilical cord: this occurs when the umbilical cord slips through the cervix ahead of the baby.
COMPLICATIONS THAT CAN OCCUR AFTER C-SECTIONS
According to an article published in Insights into Imaging, the increase in cesarean deliveries has led to an increase in complications. Complications from early deliveries typically occur in the first 30 days after the c-section, and the complication rate is approximately 14.5%. In most cases, infections caused complications.
While the risk of developing an infection, either in the uterine lining or at the site of the wound, is the most common complication mothers experience after c-sections, infection is not the only risk. Some of the other risks include:
- Postpartum hemorrhage: this occurs when the mother experiences heavy bleeding either during or following delivery.
- Anesthesia complications: like any surgery, there is always a risk of complications with the use of anesthesia.
- Blood clots: blood clots can develop inside a deep vein as a result of a c-section, especially in the pelvic organs or legs. If the clot reaches the lungs and blocks blood flow, it could create life-threatening complications or even death.
- Surgical injury: surgical injuries could include damage done to the bowel or bladder during surgery. The mother may need to have additional surgical procedures to repair the damage.
Mothers alone do not carry all of the risks during a c-section. There are complications that can occur for the baby as well. The greatest risks include:
- Transient tachypnea: this is a breathing problem that babies delivered via c-sections are more likely to develop. It is characterized by abnormally fast breathing.
- Surgical injury: this is extremely uncommon, although not impossible. A surgical injury for a baby occurs when the blade nicks the infant during surgery.
RECOVERABLE DAMAGES AFTER A C-SECTION
If the negligence of your healthcare provider caused you to experience complications as a result of your c-section, you have the right to hold them liable for your injuries. While there is no way to estimate your exact damages without having your case examined by a lawyer, some common types of damages can include:
- Ambulance service
- Hospital stays
- Surgeries
- Doctor’s examinations
- Specialist consultations
- Medication
- Pain and suffering
- Lost wages
- Future wages, if your earning potential diminishes
- Out-of-pocket expenses related to your injuries
Wrongful Death
If your loved one died in childbirth because of a c-section surgery that was handled poorly by healthcare providers, you have the right to hold them responsible for your losses. Some possible types of damages associated with a wrongful death lawsuit include:
- Funeral and burial expenses
- Loss of consortium
- Pain and suffering of the victim prior to death
- Pain and suffering of the family
- Wages and benefits previously provided by the deceased
UNDERSTANDING MEDICAL MALPRACTICE CASES
Medical malpractice occurs when a healthcare provider fails to take reasonable care, either through negligence or simple oversight. If you believe that a healthcare provider’s negligence resulted in you or your child’s injury, you have the right to hold them responsible.
At the Birth Injury Lawyers Group, we have worked on a wide variety of these cases, and we are proud of the results we have achieved for our clients. We also understand how painful it can be for families, especially if you lost a loved one because of a poorly handled c-section. Our goal is to take the burden off your shoulders and help you recover compensation while you focus on your family. For a free review of your case and to understand the reasons that caused the need for your c-section, contact the Birth Injury Lawyers Group at (800) 278-9191.
Birth Injury Surgery Lawyer
Many births require medical intervention for a variety of reasons. In many of these cases, physicians opt to utilize a variety of surgical procedures to manually remove the baby. Medical staff has a responsibility to investigate a patient’s inclination to have birth complications before labor begins and monitor the baby’s progress leading up to, during birth, and after delivery for complications, which may require some form of birth surgery. If complications arise before or during labor, healthcare providers are legally required to respond appropriately. These complications may include:
- Maternal health complications
- Multiple deliveries at once
- Oversized baby
- Feet first birth
- Birth defects
- Disrupted labor
The most common method of doing this is a Cesarean section or C-section. The procedure requires incisions in the abdomen and the uterus, and the surgeon will reach in and remove the baby by hand. This procedure is quite common. Roughly 1 in 3 women in the U.S. had C-section deliveries. Medical experts generally agree that the C-section is relatively safe when performed in accordance with recommended medical standards. However, this procedure still involves significant health risks.
Healthcare providers may use additional methods to assist delivery. They may also decide to deliver a baby using two large instruments that resemble spoons, called forceps. Forceps are inserted into the birth canal by hand and positioned around the baby’s head. The physician then applies pressure to assist natural delivery. This pressure should be applied to the extent that it does not cause injury to the baby. Surgeons may also achieve a similar result using a pump with a suction cup positioned on the baby’s head. The pump creates a vacuum-like suction that provides additional force to aid the baby’s passage through the birth canal in tandem with the mother’s contractions. The force of the pump on the baby’s head also presents a risk of injury to the baby.
When medical staff carelessly perform birth surgery procedures, risks of serious injury to the mother and baby increase dramatically. For example, health care providers may ask you about any medications that you are taking at the time of performing the C-section. They ask these questions because conflicting drugs may result in an adverse reaction to other drugs that are typically administered during birth surgery and cause potentially serious complications. These types of oversights can lead to significant risks of injury or death.
Your Birth Surgery Injury May Be Actionable
If you or your child have suffered injuries during birth surgery, you may be entitled to compensation to cover the costs of your losses. If we can prove that negligence or misconduct of medical staff caused your injury in connection with your surgery, you may be eligible to recover for:
- Past and future costs of medical treatment
- Pain and suffering
- Wrongful death
- Lost wages
- Loss of consortium
- Intentional misconduct, if any
- And possibly more
If your birth injury surgery claim is successful, you may be able to recover money from the individual medical staff who committed the mistake and the facility. To prove that a physician is liable for a birth surgery injury, you are required to present evidence that demonstrates:
- The doctor was legally obligated to take measures to perform the birth injury surgery safely.
- The doctor failed to take these measures.
- The doctor’s error caused an injury at birth.
- You were harmed by the surgery.
However, it can be quite difficult to prove that injuries have been caused by medical negligence during birth injury surgery. Some states require a certain burden of proof before a medical malpractice lawsuit can proceed. Also, medical evidence is usually quite complex and difficult to understand. It is in this way that having a birth surgery injury attorney supporting your claim for compensation can make a significant difference in the outcome of your claim.
If your claim qualifies, our attorneys can support your appeal by:
- Conducting in-depth investigations into your claim
- Compiling evidence to support your claim
- Helping you obtain medical treatment
- Making arguments that support a favorable result to your claim
- Negotiating an equitable settlement on your behalf
- Representing you in court
An injury sustained by a mother or child during birth is stressful for the entire family. When the costs of treatment begin to add up on top of an already difficult situation, pursuing financial relief with a birth injury attorney is often helpful.
The Birth Injury Lawyers Group May Be Able to Help You
We know how difficult a birth surgery injury can be. If your claim qualifies, we will do everything possible to support your family over the course of your claim. Our attorneys represent clients with birth surgery injuries on a contingency basis, which means that we do not get paid unless we recover compensation on your behalf. So, there are no upfront costs or risks associated with our representation. If you suspect that you or your child sustained injuries during birth surgery due to negligence, call the Birth Injury Lawyers Group today at (800) 222-9529 to discuss your options.