A Cesarean delivery, or C-section, is a procedure where doctors surgically deliver a baby straight from a mother’s abdomen rather than a vaginal birth. This procedure can be requested voluntarily or done out of medical necessity. C-sections are extremely common, comprising about a third of U.S. deliveries, but they’re also a leading cause of malpractice-related birth injuries.
Why do people get C-sections?
Some mothers request C-sections because of convenience: you can schedule your delivery date, rather than wait for it. The main reason, though, is medical need, where doing a vaginal birth might bring extra harm. Sometimes medical C-sections are planned ahead, and sometimes doctors must make the decision to change course in the middle of delivery. C-section might be necessary for the following reasons:
- Fetus in wrong position / orientation (breech or transverse)
- Baby is too large to pass smoothly through birth canal
- Excessively prolonged or delayed labor
- Active herpes sores in mother’s vagina or cervix
- Twins, triplets, or other multiples
- History of previous C-sections
- Placenta blocking the cervix or separating from the wall of the uterus before birth
- Problems with the umbilical cord, such as compression, wrapping around the baby’s neck, pinning between the baby and the mother’s pelvis, or exiting before the baby (umbilical prolapse)
- Fetal distress, such as irregular heartbeat or fluctuating blood pressure
- Baby’s blood supply gets blocked (hypoxia), limiting blood to their brain
- Baby’s shoulder gets stuck behind the mother’s pelvic bone (shoulder dystocia)
- High amniotic fluid levels, or rupturing of the amniotic sac
- Birth canal obstruction, including from non-cancerous tumors
For a legal consultation with a delaying the performance of a c-section lawyer serving Minneapolis, call 612-349-2729
What are the risks involved in getting a C-section?
Risks for Mothers
Because C-sections involve making an incision in the abdomen and uterus to deliver the baby, mothers risk bleeding, infection, and blood clots from the resulting wound, as well as various other problems, including:
- Heart attack
- Problems in future pregnancies
- Abnormal separation of placenta from uterus
- Uterus inflammation and infection
- Potentially more bleeding than a vaginal birth
- Adverse reaction to anesthesia
Risks for Babies
Babies can also face problems during even normally administered C-sections, such as cuts to the skin, higher risk of admission to the neonatal intensive care unit (NICU), and breathing problems, especially if they are premature.
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What happens when a C-section is performed too late?
C-sections are usually performed when there are problems with blood circulation, getting oxygen to the baby, or making sure the baby passes through the birth canal without injury. As a result, the longer a C-section is delayed, the more a baby and mother are exposed unnecessarily to these risks.
In terms of physical injuries, if a baby is allowed to get stuck before it is delivered with a C-section, it can damage nerves in their shoulder, causing a loss of arm function (Erb’s palsy), plus other permanent physical disabilities for babies and mothers. Oxygen deprivation, meanwhile, can cause brain damage, cerebral palsy, developmental delays, and some even link it to autism and attention deficit disorder. Finally, if a C-section is improperly delayed or skipped altogether, it can mean doctors use equipment like forceps or vacuums to remove the baby, increasing the risk of complications.
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What kinds of malpractice cause delayed C-sections?
There are numerous moments—before delivery, during birth—when doctors must make the right call to avoid an improperly delayed C-section.
Before Birth
It’s on your medical provider to understand whether you are at higher risk of birth complications or might require a timely C-section. Babies should be carefully monitored for their weight, positioning, and vital signs. And hospitals need proper equipment, training, and staffing to do so.
During Birth
Even if doctors and nurses do everything right before delivery day, complications can develop rapidly during birth, sometimes requiring an immediate C-section in a matter of minutes. Avoiding a negligent delay means carefully monitoring vitals like the fetal heartbeat, having the right staff on hand, and not waiting too long to make decisions or ask for second opinions.
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How long do I have to bring a lawsuit for delayed C-section medical malpractice in Minnesota?
Under Minnesota law, you usually have 4 years to bring a malpractice case against your doctor or hospital.
What benefits can I get out of a medical malpractice suit for C-sections?
Malpractice robs a child and their mother of their health and peace of mind, and a medical malpractice suit can help take back some of what you’ve lost. There are no caps on damages in Minnesota, and you are eligible to recover resources which help you meet a number of challenges, including:
- Medical bills and costs
- Lost income
- Past bodily and mental harm, including:
- Pain
- Disability
- Disfigurement
- Embarrassment
- Emotional distress
- Future bodily and mental harm, including:
- Pain
- Disability
- Disfigurement
- Embarrassment
- Emotional distress
Minnesota birth injury malpractice lawyers help mothers with complications from delayed C-section deliveries.
It can be confusing, painful, and time-consuming to sort out what went wrong, but you don’t have to do it alone. If you call us, we may be able to use our network of lawyers and medical experts to review your records and help get you the relief you need, including compensation for medical bills, future treatment, lost income, and pain and suffering.
You’ve already been let down once, which is why we operate under a contingency fee structure for maximum fairness: we only receive payment if we help you get what you deserve, either a settlement or victory at trial.
Get in touch with us here if you’re ready to have allies who understand.
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