A National Injury Law Firm


Birth Injuries

New York Attorney for Delayed C-Section Injuries

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.