When doctors or other medical professionals have reason to believe that a fetus during labor or delivery may be harmed by allowing a vaginal birth to proceed, a cesarean section must be considered as an option. C-section birth is often the safest way to make a healthy delivery in the face of childbirth complications. It is critical that a doctor knows when this must occur, because there are many variables to consider if a cesarean section delivery should be performed. If an obstetrician fails to perform a c-section procedure in a timely manner, complications, severe injury or death could occur.
A Cesarean section, commonly known as a “C-section,” is a surgical procedure where incisions are made through a mother’s abdomen and uterus to deliver a baby. It is normally performed when a vaginal delivery would put the baby’s or mother’s life, or health at risk. A C-section procedure may be necessary when:
The fetus has developed abnormally
There is an abnormal heart rate in the fetus
Problems exist with the placenta or umbilical cord
The baby is too large for a vaginal delivery
Mother has genital herpes or HIV
Failed forceps delivery
Breech position
Multiple births
Fetal distress
Uterine rupture
C-Section Risk Factors
A Cesarean section procedure is sometimes necessary during the birthing process. However, it carries more risk than a normal vaginal delivery. C-section complications are relatively common in the United States. There are many situations that could arise during delivery that complicate the process. Some possible risks to the mother of a C-section procedure include:
Infection of the incision or the uterus
Blood clots in the mother’s legs
Heart or lung problems
Damage to the uterus, fallopian tubes, ovaries, or bladder
Reactions to medication or anesthesia
Heavy bleeding during or after surgery
Damage to the intestines
There are also numerous injuries to the baby that can result from C-sections including infections, lacerations, fractures to the skull and bones, nerve damage, brain injury or even death.
Contact a C-Section Birth Injury Attorney
Medical professionals must always be prepared to act responsibly should a delivery complication arise that requires a C-section delivery. Fortunately, mothers and infants are legally protected with the right to professional medical care, including protection from c-section error. If the standard of care is violated by a obstetrician or other medical staff member, any injuries or damages suffered by the mother or infant can lead to a medical malpractice lawsuit to seek financial compensation.
At the Law Offices of Dr. Bruce G. Fagel & Associates, we have been successfully representing victims of cesarean section and other birth injuries for decades. Dr. Fagel is uniquely qualified to handle your birth injury case because he practiced emergency medicine for 10 years before becoming a medical malpractice lawyer. In fact, he still maintains his medical license in California. He is nationally recognized for his success in obtaining two of the top 100 jury verdicts in 2002 and one of the top 100 jury verdicts in the United States in 2005.
Because of Dr. Fagel’s strong reputation and successful trial record as a medical malpractice attorney, approximately 95% of the claims filed by his office are settled prior to a trial date. With his team of highly experienced birth injury lawyers who share his dedication to aggressively defending victims of medical malpractice or negligence, our firm has obtained more than $1 billion in jury verdicts and settlements.
Cerebral palsy is a serious birth injury that results from injury to the brain during childbirth or delivery due to a lack of oxygen or blood flow to the brain. Cerebral palsy refers to a number of neurological disorders that may range in severity from difficulty controlling delicate motor functions to the inability to walk or balance at all, developmental delays or seizures. At this time, there is no cure for cerebral palsy. It can be treated and symptoms maintained, leading to a child living a more normal life in some cases. However, it is more than likely that a child with cerebral palsy will require extensive medical attention and treatment for life.
If your child is having significant trouble learning to walk, crawl or talk, this may be characterized as a developmental delay. In some cases, developmental delays may simply occur because a child is slower than others, but they may also be signs of a serious medical condition. Birth injuries, particularly brain injuries, may cause developmental delays. These may also be caused due to a genetic disorder or a maternal problem such as alcohol abuse, diabetes or an infection during pregnancy or childbirth.
Erb’s palsy is a condition caused from brachial plexus injury, often resulting in partial or total paralysis of the face, arm or hand. The brachial plexus is a group of nerves extending through the neck, armpit region and arm. The most common cause for Erb’s palsy is dystocia, an abnormal or very difficult childbirth. If the infant’s head and shoulders are twisted, undue stress can be placed on the brachial plexus, stretching or damaging these nerves and therefore causing paralysis. In some cases, these nerves may repair themselves, but in many cases they require extensive physical therapy or even surgery.
If doctors or other medical professionals are not proactive in screening and managing a high-risk pregnancy, they can be held legally accountable if the mother or baby sustain a birth injury or wrongful death. If a doctor fails to properly diagnose the signs of a high-risk pregnancy, the results can be catastrophic. Examples of medical conditions that add risk to a woman’s pregnancy include high blood pressure, preeclampsia and the baby’s size while in the womb. It is the doctor’s responsibility to look for high risk signs and decide whether they put the mother or infant at risk.