There are several circumstances that call for a Cesarean section, or C-section. Your doctor should inform you of the best options given the circumstances or when complications in the delivery arise. Some of the complications that may warrant a C-section delivery include:
- Fetal distress
- Abnormal position of fetus (breech)
- Active maternal genital herpes
- Maternal health concerns
- Large fetal head
- Small maternal pelvis
- Stalled or prolonged labor
- Placenta or umbilical cord abnormalities
If your doctor failed to identify any of these complications and delayed performing a C-section, and your child suffered a birth injury because of it, you might be entitled to damages due to medical negligence. Let us help. We’ll review the case and help you pursue damages. Call a New York lawyer for delayed C-section at Buttafuoco & Associates at 1-800-NOW-HURT.
When is a delayed C-section negligence?
Before a woman goes into labor, her doctor should assess her risks for undergoing a vaginal delivery. If the mother has high blood pressure, certain infections, or an abnormally shaped pelvis, she may not be able to safely undergo a vaginal birth. Doctors may also consider the fetus’s positioning and size prior to birth.
If the birth team plans for a vaginal delivery but complications arise, the doctor must quickly assess the situation and determine the best course of action. In some cases, a C-section will allow the birth to progress quicker and with less risk.
It is when the doctor does not adhere to a reasonable standard of care and by delaying a C-section causes harm to the child that he or she may be liable for medical malpractice.
Effects of a Delayed C-section
A delayed C-section can affect the child in various ways. For example, if a mother is experiencing prolonged labor due to a large fetal head, it may affect the child’s blood and oxygen supply. In the worst cases, this might contribute to cerebral palsy and other birth injuries.
A lack of blood and oxygen to the brain can also cause periventricular leukomalacia, a type of brain damage characterized by the death of white matter in the brain. PVL may cause:
- Motor disorders
- Coordination problems
- Delayed mental development
- Hearing impairment
- Vision abnormalities
These are just two examples of complications that might arise due to a lack of oxygen and blood flow to the brain caused by a difficult birth. Delaying performance of a C-section can contribute to these injuries.
Filing a Claim for Damages Due to a Delayed C-section
To claim damages for injuries caused by a delayed C-section, you must have evidence of negligence. That means proving your doctor acted outside of the reasonable standard of care and failed to assess or improperly assessed the risk of delaying a C-section.
A New York birth injury attorney can help you collect medical evidence and secure expert witness testimony to prove a reasonable doctor would have called for a C-section promptly.
Damages for a delayed C-section may include:
- Medical treatment for the birth injury
- Long-term care for children who suffer brain damage or other injuries
- Physical therapy
- Pain and suffering damages
The damages for a birth injury increase with the severity and longevity of the injury. A child with severe cognitive and physical disabilities due to avoidable injuries at birth may require full-time care for life. Placement of this burden should not be on the parents.
Buttafuoco & Associates helps New York families seek compensation for damages after a birth injury. If your infant was injured or killed due to a doctor’s negligent delay in performing a C-section, contact us for a free case review. Call 1-800-NOW-HURT.
