The birth of a child is a significant moment in a family’s life. But often, it is also a process fraught with risks. In some cases, a cesarean section (C-section) is chosen or recommended to minimize the risk of birth injuries. In this FAQ, we address some frequently asked questions about the role of C-sections in preventing birth injuries as well as some concerns that a parent/family may have when their child has been injured at birth because a medical professional failed to perform a timely C-section.
What is a C-section?
A cesarean section, commonly referred to as a C-section, is a surgical procedure used to deliver a baby through incisions in the mother’s abdomen and uterus. It is typically performed when vaginal delivery poses risks to the mother or baby’s health. While planned C-sections are sometimes scheduled in advance, emergency C-sections may occur during labor if complications arise.
When is a C-section necessary to prevent birth injuries?
C-sections are often performed to prevent birth injuries when complications are identified that could jeopardize the baby’s or mother’s well-being. These situations include:
- Fetal distress: Signs of oxygen deprivation (fetal hypoxia) during labor may necessitate immediate delivery to avoid conditions such as cerebral palsy or developmental delays.
- Breech position: If the baby is positioned feet-first or bottom-first, a vaginal delivery may increase the risk of injury.
- Macrosomia: Larger-than-average babies may face difficulty passing through the birth canal, leading to conditions like shoulder dystocia, where the baby’s shoulder gets stuck.
- Maternal health issues: Conditions like preeclampsia, diabetes, or infections may necessitate a C-section to protect both the mother and baby.
- Prolonged or obstructed labor: When labor stalls or the baby cannot descend through the pelvis, a C-section reduces the risk of injury from excessive pressure.
What are the dangers of not performing a timely C-section?
Birth injuries caused by delayed or untimely C-sections can have profound and lasting consequences for both the baby and the mother. A C-section is often recommended when labor complications pose risks to the health of the child or mother. Delays in performing this procedure can result in oxygen deprivation, physical trauma, or other complications for the baby.
Oxygen deprivation, known as perinatal asphyxia, is one of the most serious outcomes of delayed C-sections. This can occur if the baby is in distress, such as from a prolapsed umbilical cord or prolonged labor and is not delivered promptly. Prolonged oxygen deprivation can lead to brain damage, cerebral palsy, developmental delays, or even stillbirth.
Other potential injuries include fractures or nerve damage, particularly if the baby is large or improperly positioned for vaginal delivery. For the mother, a delayed C-section can increase the risk of uterine rupture, hemorrhage, or infection, jeopardizing her life and future fertility.
Healthcare providers are responsible for closely monitoring labor and recognizing signs that necessitate a C-section. Failure to act in a timely manner can constitute medical negligence (carelessness), underscoring the importance of vigilance and prompt decision-making to prevent such injuries.
Can you file a medical malpractice lawsuit if your child suffered such a birth
injury?
Yes, you can file a medical malpractice lawsuit if your child suffered a birth injury due to a delayed or untimely C-section. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm. In the context of childbirth, a delayed C-section may be considered malpractice if the medical team failed to act appropriately based on the circumstances.
To pursue a lawsuit, plaintiffs must prove four key elements:
- Duty of care: The medical provider owed a duty to provide competent care to you and your baby.
- Breach of duty: The provider failed to meet the standard of care such as not performing a C-section despite signs of fetal distress or labor complications.
- Causation: The delayed C-section directly caused your child’s injury such as brain damage, cerebral palsy, or physical trauma.
- Damages: The injury resulted in significant harm, including medical expenses, long-term care costs or emotional distress.
Contacting an Experienced Birth Injury Lawyer
The costs of caring for a child with birth injuries can add up very quickly. If your child’s injury was caused by medical negligence (carelessness), you may be able to seek compensation for damages including loss of earnings, medical expenses, cost of hospitalization, ongoing treatment and therapies, psychological counseling, permanent injuries, disabilities, past and future pain and suffering, etc.
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. 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. 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.
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 10461 718-918-5000
- 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 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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