C-Section Birth Injuries: Seeking Justice for Medical Negligence

/ Facing birth and all of the complications can be daunting, which is why you put your faith in medical professionals who are supposed to bring the highest level of care to your delivery. C-sections make up for over 30% of the country’s deliveries. Whether you are facing an unexpected c-section due to a complication or having a scheduled c-section, it comes with risk, as do all births and surgeries. 

If you or your new baby has been injured during a c-section, you have legal options. Exploring your legal options with a compassionate birth injury attorney will ensure that you and your baby receive justice and compensation during this difficult time. 

Common C-Section Birth Injuries

C-sections can bring joy to families by safely delivering babies into the world with no complications or injuries, and as frequently as they may, there are still errors sometimes. 

Common c-section experiences that you can bring a malpractice suit to:

• Lacerations: Sometimes, during a c-section, the baby can be cut during delivery. While these are usually minor, severe cases can lead to scarring or life-threatening injuries. The mother can also face lacerations to her internal organs that can lead to life-threatening injuries or long-term health consequences.
• Brachial Plexus: When a baby’s shoulder is torn during delivery due to excessive force, this can lead to extensive nerve damage and other lifelong medical conditions.
• Cerebral Palsy: Failure to perform a c-section in a timely manner when the baby is in distress can lead to a lack of oxygen and blood flow, which can cause cerebral palsy.
• Anesthesia: If anesthesia is not administered properly or effectively it can lead to complications with allergic reactions, nerve damage, lack of effectiveness, trauma, or even death.

These common and inexcusable errors by doctors when delivering babies can have lasting effects not only on the mother as she heals, but also on the baby. After a baby is born, you want to be able to enjoy and heal during the postpartum period but the complications of a c-section can not only lead to these physical injuries, but they can affect a mother’s breast milk production, a baby’s ability to breastfeed, a likelihood of postpartum depression and lasting emotional trauma. 

You deserve experienced representation when it comes to holding the negligent parties accountable. Not only will you find peace in the justice and financial relief from the compensation, but you can also ensure that other moms won’t suffer.

Signs of Medical Malpractice in C-Section Deliveries

Recognizing when a c-section is necessary is considered a duty of care that all OBs should be trained and experienced with. When it comes to having a c-section, moms often tend to worry that they will be pressured into a c-section unnecessarily for one reason or another but sometimes a doctor waits too long to perform the c-section, and it can lead to life-long consequences for the mother and the baby. There are common indicators that should be acknowledged when it comes to performing a c-section, and if they are ignored, you have a right to bring a malpractice case to hold the doctor accountable.

Common c-section indicators are:

• Fetal Distress: Noticing signs of fetal distress prior to birth to determine if natural childbirth is possible must be done in a timely manner.
• Pre-Natal Indicators: Situations such as preeclampsia, placenta previa, twins, breech, or a prior c-section are easily identifiable and should be treated accordingly.
• Labor Issues: An OB should be monitoring a mother’s progress during birth with every available tool they can utilize to ensure everyone comes out healthy and happy in the end. Waiting too long for labor that isn’t progressing can be considered malpractice.

Proving a C-Section Malpractice Claim

Not only can c-sections that went wrong require lifelong care and treatment, but they can leave lasting trauma. You and your child deserve to receive the best medical care available when experiencing birth, and if an OB fails to provide that, you can hold them accountable with a medical malpractice claim. At Bailey Cowan Heckaman PLLC, we can hold those providers accountable for the suffering they’ve put you and your child through and help prevent future cases. 

Proving a medical malpractice in a birth injury lawsuit means you have to:

• Obtain your medical records
• Identify the breach of standard care
• Document your injuries
• Establish the link between the malpractice and your injuries 
• Present the evidence in settlement negotiations or court

Birth injuries can be caused by inexperience, neglect, or wrongdoing. If you or a loved one has suffered a birth injury, contact us today to explore your legal options to receive compensation and justice.

Seeking Legal Help After a C-Section Birth Injury

If you’ve suffered an injury during a c-section, you need to consult with a Houston birth injury attorney immediately. At Bailey Cowan Heckaman PLLC, we will be able to investigate the circumstances of your birth experience immediately and help you understand your legal rights. We know that when a birth injury and the trauma that you’ve suffered could have been prevented, it is unbearable. Our lawyers have the experience and compassion to represent your family and get the results you deserve. Reach out to our office today at (713) 425-7100 or visit us online to get started.