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Failure To Perform A C-Section Lawyer

In the delivery room, obstetricians must sometimes order emergency cesarean sections when signs of fetal distress are detected. Failure to order and execute a C-section in a timely manner can result in birth defects that change the course of a child’s life. If you have a claim against a medical provider for failing to order a C-section or for waiting too long to order a C-section, the Kentucky and Ohio birth injury attorneys at The Lawrence Firm, PSC, are here to help you explore your legal options. We are devoted to helping families obtain the compensation they need to care for children born with birth injuries caused by delayed C-sections and other forms of medical negligence. For a free consultation with the experienced medical malpractice attorneys at our law firm, give us a call at (800) 698-4054 today.

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What is a C-Section?

A C-section is more formally known as a cesarean section, which is a surgical procedure that occurs when complications arise during the birthing process. As opposed to natural childbirth, this procedure requires a surgical incision to be made through the mother’s abdomen and uterus in order to deliver the baby.

In most cases, a cesarean section is an emergency surgery and the need for it isn’t made apparent until a woman is actually in labor. There are plenty of cases, however, where C-sections are planned in advance. For example, for women who have had a prior C-section, it is often preferred that they undergo this procedure again for any children born after. Another instance of a planned C-section procedure is when pregnancy complications have already been identified in the mother and she and her doctor decided a C-section would be the safest option. 

Regardless of whether the procedure was planned or not, it is still a major surgery and all pregnant women should know what to expect if a cesarean section is necessary.

When is a C-Section Necessary?

When vaginal birth may present serious birth complications and poses the risk of injury or death to either mother or baby, it may be necessary to perform a C-section. As such, there are numerous circumstances that might call for an emergency C-section. Among the most common are:

  • Fetal distress
  • Uterine rupture
  • Umbilical cord prolapse
  • Stalled labor
  • Irregular heartbeat of the baby
  • Multiple deliveries (twins, triplets, etc.)
  • Placenta previa
  • Abnormal position of baby
  • Birth canal obstructions
  • Small pelvis in the mother 
  • Pre-eclampsia

When any one of these circumstances is present, it becomes a race against time to deliver the baby before he or she suffers irreversible damage. The American College of Obstetrics and Gynecology recommends that emergency C-sections generally be performed within 30 minutes of recognizing the warning signs. In some cases, these emergency procedures should be performed even sooner.

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What Happens if a Necessary C-Section is Not Ordered?

If a doctor fails to perform a timely C-section or fails to recognize the warning signs that indicate the need for an emergency C-section altogether, serious injuries can occur. In these cases, both the mother and the baby’s health can be at serious risk for permanent injury or even death. Below, we’ll list the severe complications that can occur in both the mother and the unborn child if a healthcare provider failed to order a necessary cesarean section.

Complications for Baby

Complications for Mother

If you, your child, or a loved one suffered serious injury due to the actions of negligent healthcare providers, you may have a valid medical malpractice case. To speak with a Cincinnati or Covington birth injury lawyer about your case, call The Lawrence Firm, PSC right away. Our birth injury attorneys can help you establish liability and seek justice and compensation from the appropriate parties. 

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C-Section Malpractice Cases

There are generally a few different types of medical malpractice claims that may arise when it comes to C-section failure. These include cases of surgical errors made during the procedure, failure to perform a timely C-section, and a healthcare provider’s failure to perform a C-section altogether. Each of these is a prime example of medical negligence, and as such, each has the potential to be a successful medical malpractice lawsuit. 

Surgical Error Lawsuit

Identifying the need for an emergency C-section is only a small part of a doctor’s responsibility. Once the surgery is underway, the physician still has an obligation to perform a C-section to the highest standard possible in order to prevent injury. Unfortunately, this is not always the case. If a surgeon performs this procedure in a negligent manner, serious birth injuries may occur in both mother and child. This may be anything from blood clots to internal organ damage to post-operative infection. 

Delayed C-Section Lawsuit

Once again, it is not enough for medical professionals to merely recognize the need for a cesarean section. It is incredibly important that appropriate action is taken as soon as possible after the need for a C-section prevents itself. For example, if an obstetrician notices the baby’s heart rate is irregular but waits too long to perform the procedure and the baby is injured or killed as a result, this would be considered grounds for a medical malpractice lawsuit.

Failure to Perform Lawsuit

There are many cases in which a baby is not suited for vaginal delivery and a C-section is necessary. This can be a life-saving alternative for both mother and child. Failure to recognize the need for and perform C-section deliveries can lead to devastating consequences. If the child survives, he or she will likely have lifelong disabilities such as cerebral palsy.

If you or your child received injuries due to a medical professional’s negligence during a cesarean section, you have the legal right to obtain financial compensation. Though no form of compensation can reverse the effects of medical malpractice during labor and delivery, it can help the family with expenses relating to the injury. 

In a birth injury medical malpractice case, there are several types of damages that may be awarded to the plaintiff for the losses suffered. These include both economic damages and non-economic damages.

Economic Damages

  • Expenses for medical treatment
    • Past and future medical bills, therapy, surgery, medication, medical equipment, etc.
  • Lost income
  • Loss of future income (earning capacity)
  • Loss of household services
  • Any additional out-of-pocket expenses

Non-Economic Damages

  • Pain and suffering
  • Mental distress
  • Inconvenience
  • Loss of society
  • Loss of consortium
  • Loss of enjoyment of life

If your child has suffered a birth injury, contact our firm for a full investigation. Our Ohio injury lawyers will explain your rights and options. We will obtain medical records, contact witnesses and consult with experts regarding your claim, and we will fight to obtain the compensation you and your family deserve.

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Schedule a Free Consultation With an Experienced Birth Injury Attorney in Cincinnati and Covington

If you or your child received birth injuries and are seeking representation for a delayed C-section claim or because your doctor failed to perform a C-section, our Kentucky medical malpractice attorneys are ready to help you with your birth injury lawsuit. Without the help of an experienced attorney like those at The Lawrence Firm, it can be extremely difficult to navigate the legal system and obtain the most favorable outcome for your case. Once you establish an attorney-client relationship with us, our lawyers will walk you through the entire process and protect your rights along the way. 

We proudly serve clients throughout Kentucky and Ohio and work on a contingency-fee-basis. Contact us online or by telephone at (800) 698-4054 today to arrange a free consultation with a knowledgeable C-section injury lawyer.

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You Pay No Fees Unless We Win!

We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.