Cesarean deliveries (C-sections) are a routine procedure, totaling about one-third of all US deliveries. Although frequently life-saving to the mother and baby, C-sections pose the risk of injury – both avoidable and unavoidable. Knowing the nature of C-section injuries, under what conditions litigation is appropriate, and what the litigation process involves is important for parents in this undesirable situation.
Delayed C-Section Injuries
One of the most dangerous situations that can lead to various C-section injuries is when a medically necessary operation is postponed. In case a doctor fails to identify fetal distress or maternal complication, or if hospital operations are short-staffed or chaotic, the delay will have disastrous consequences.
Infants may develop oxygen deprivation (hypoxia or anoxia), resulting in lifelong brain damage in the form of hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.
In extreme instances, delayed intervention may lead to stillbirth or lifelong disability. For women, a late C-section raises the risk of uterine rupture where the wall of the uterus tears up along the scar of a previous C-section or spontaneously. This situation represents a life-threatening emergency for mother and child.
Delayed C-section injuries are among the main reasons that individuals sue for birth injuries. If you can establish that the medical staff did not act promptly and that their delay resulted in harm, you have a legitimate case for a medical negligence claim.
Surgical Errors During C-section
As with any surgery, C-sections have technical risks. Surgical errors may impact mother and baby:
- For the infant: Accidental cuts from surgical tools, bleeding on the scalp (cephalohematoma), fracture of the collarbone or skull, brachial plexus injury (nerve damage to the arm), and facial nerve palsy are all reported risks. Some are superficial injuries that heal over time, but others may cause life-long disability or need serious intervention.
- For the mother: Mistakes may involve accidental damage to the bladder, bowel, or other structures, too much bleeding (hemorrhage), and incorrect suturing causing infection or healing delay. Some surgical complications can require further surgery or extended medical treatment.
Surgical errors that violate standard medicine regulations, such as improper use of equipment, insufficient surgical skill level, or failure to control bleeding, can be regarded as medical malpractice.
Infections and Postoperative Complications
Infections are also common following a C-section. Mothers are usually at a higher risk of infection with C-section as compared to vaginal delivery. Usually, the infections are minor, but sometimes, it can also result in sepsis.
While most infections can be cured, delays in diagnosis or substandard post-surgical care can result in catastrophic, at times lethal, consequences. Failure to properly clean before surgery, incorrect closure of wounds, or neglecting to watch for signs of infection can be considered negligent care.
If the infection or complication is a result of below-standard care, this would be the foundation for a negligence claim. However, if the complication arises following proper care and is an accepted risk of the operation, legal recourse is not possible.
Endnote
C-section injuries are a parent’s worst nightmare. While not all complications are due to negligence, preventable mistakes or delays do entitle parents to take legal action and get compensation. Remember, the first step to learning what your rights are and how to deal with the complicated process of a medical negligence claim is to speak with an experienced birth injury attorney.
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