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We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Minneapolis Delayed C-Section Lawyer

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.

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 
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.

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. 

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. 

Under Minnesota law, you usually have 4 years to bring a malpractice case against your doctor or hospital. 

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.


We have a process that works in getting exceptional results for our clients. 

We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely.  We interview witnesses that can help us prove the case.  We’ll ask you for all relevant documents in your possession and review those carefully as well.  We also will spend some time conducting legal research about unique issues in the case.  We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial. 

Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward.  Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.

If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit.  Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required.  We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points.  Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims.  A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations.  Of course, by that time, the price for settlement has gone up.

Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions.  Not us.  Written discovery is a gift and an opportunity.  We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case.  Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections.  We view this as a wonderful opportunity.  In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on.  We also use Requests for Admission – which many lawyers don’t.  The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts.  We send them RFAs that are very difficult for them to deny.  Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true.  And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA.  That’s a great situation that leads to more chaos and confusion on the defense side.

One last point on written discovery – we send multiple waves of it throughout discovery.  We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery.  This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses.  This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.

This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible.  So the witness has to either lie to support the defense, or admit it’s not true.  That’s a dilemma that works for our clients either way, no matter which option the witness takes.  We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is.  We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.

The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases.  We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery.  We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.

Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.

After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.

This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries.  We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials.  At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct.  As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.

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