A delayed C-section can describe a dangerous lapse in medical judgment that results in a delay in life-saving emergency surgery during a complicated delivery. A delayed C-section is often an example of medical malpractice, meaning the physician can be held accountable for resultant injuries or deaths. This can result in a legal claim against the hospital or health care provider.
What Is a Delayed C-Section?
A C-section or cesarean section is a surgical procedure where an infant is delivered through an incision in the abdomen and uterus rather than a vaginal delivery. It may be medically necessary to save the life of the mother or child when there are birth complications, such as slow labor, a baby in breech position or issues with the umbilical cord.
A C-section could be dangerously delayed due to many examples of provider error, including:
- Failure to notice signs of fetal distress or other critical problems
- Failure to promptly order a C-section in an emergency
- Decision-making delays
- Lack of communication among the medical team
- Operating room not ready
A delayed C-section could lead to serious health complications for the baby, including a lack of oxygen reaching the infant’s brain and related brain damage, such as hypoxic ischemic encephalopathy, seizures, cerebral palsy, developmental delays and stillbirth. In the mother, a delayed C-section could cause uterine rupture, severe hemorrhage, infection and the need for an emergency hysterectomy, among other problems.
When Is a Delayed C-Section Medical Malpractice?
Medical malpractice refers to a health care provider falling short of the accepted standards of care within the medical profession. It describes a duty of care owed by the doctor or practitioner, a breach or violation of this duty of care, damages or harm suffered by the patient, and a connection between the defendant’s (accused party’s) breach and the patient’s injury.
A delayed C-section can be deemed malpractice if the health care provider reasonably should have ordered the emergency surgery sooner based on the details of the situation. This fact can be attested to by a hired medical expert who has training and experience in the field of medicine that matches the defendant’s.
A medical expert can testify as to when a reasonable and prudent provider would have ordered a C-section and compare this to the lax or subpar care provided by the defendant. This can prove that the defendant committed an act of medical negligence and should therefore be held liable, or financially responsible, for related birth injuries to the mother or child.
How an Attorney Can Help
It can be difficult to prove a medical malpractice case based on a delayed C-section because a wide variety of factors can go into the timing of this medical procedure. It takes a skilled attorney to establish evidence that the doctor was negligent or violated the standard of care and that this led to the delayed C-section and related harm to the mother or child.
When you hire an experienced birth injury lawyer in Minneapolis, you gain access to investigators, resources and knowledge of the law that can help you build a strong case against a doctor or health care center. Your lawyer can hire medical experts to testify regarding what would have been reasonable for the circumstances, for example, to prove negligence. An attorney can argue for maximum compensation in or out of the courtroom on your behalf while you focus on your family’s recovery. For more information about a specific delayed C-section case, contact Goldenberg Lauricella, PLLCfor a cost-free review. We have more than 40 years of experience and have collected over $200 million in case results for clients.