When a medical professional recognizes the need for a cesarean section (C-section) and performs it without delay, it can be a life-saving intervention. There are also critical moments when delaying or the failure to perform a C-section can lead to severe and preventable birth injuries. For families facing these situations, understanding the role of timely medical decision-making is essential, particularly in the context of medical negligence (carelessness) and filing a medical malpractice lawsuit.
What is a C-Section and When is it Necessary?
A C-section is a surgical procedure used to deliver a baby through incisions in the mother’s abdomen and uterus. It may be planned in advance due to known risks or performed as an emergency when complications develop during labor.
There are several medical scenarios where a prompt C-section can prevent serious harm. Here are a few examples:
• Fetal distress: Abnormal heart rate patterns may indicate the baby is not receiving enough oxygen or experiencing some kind of distress.
• Obstructed labor: When the baby cannot safely pass through the birth canal due to size or position.
• Placental complications: Conditions such as placental abruption or placenta previa can threaten both mother and baby.
• Maternal health risks: Issues such as severe infection or preeclampsia may require immediate delivery.
In each of these cases, delays can increase the risk of injury or even death.
How Delays Can Lead to Birth Injuries
When medical providers fail to act quickly, the consequences can be devastating. A delayed C-section may result in brain injuries, caused by oxygen deprivation or hypoxia. It can cause nerve damages including conditions like brachial plexus palsy or Erb’s palsy. Some infants may suffer bone fractures due to difficult labor or excessive pressure used by the obstetrician, which can be avoided with a timely C-section.
Children may also face developmental delays and long-term/permanent disabilities due to these injuries. Often, such injuries and disabilities require lifelong medical care and tend to have a significant impact on a child’s quality of life.
The Role of Medical Negligence
Healthcare providers have a duty to monitor both mother and baby and respond appropriately to warning signs. This includes:
• Continuously tracking fetal heart rate
• Recognizing complications early
• Making timely decisions about surgical intervention
Failure to meet these standards may constitute medical negligence (carelessness), particularly when a delay in performing a necessary C-section leads to preventable harm.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators or adjusters.
One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition, we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for
$43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness) and/or medical malpractice in the labor and delivery etc. of the children, such as cerebral palsy or brain damage etc.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
birth injuries, C-Section, new york, personal injury, attorneys