Failure to Perform a Timely Caesarean Section

Failing to perform a timely Caesarean Section (C-section) can lead to several serious health problems or even a tragic and preventable death. If your child has suffered because of a negligent or untimely C-section, your family may be entitled to compensation for the harm you’ve collectively suffered. At Lebowitz & Mzhen, Personal Injury Lawyers, our Baltimore birth injury lawyers work on behalf of Maryland families to pursue the justice and compensation that they deserve. For nearly three decades, our team of compassionate and understanding lawyers has handled countless medical malpractice cases, and we look forward to learning more about how we can help your family obtain the justice they deserve.

A Cesarean section, or C-section, is a surgical procedure used to deliver a baby through incisions in the mother’s abdomen and uterus. It is performed when vaginal delivery may pose risks to the mother or baby’s health. In some cases, a C-section is planned ahead of time, while in others, it may be necessary as an emergency measure.

C-sections are often recommended for specific medical reasons, such as fetal distress—when the baby shows signs of inadequate oxygen supply—or abnormal positioning, like breech (feet-first) or transverse (sideways) positions, which make vaginal delivery difficult. Other conditions warranting a C-section include placenta previa (where the placenta covers the cervix), umbilical cord prolapse (where the cord slips into the birth canal before the baby), or failure to progress in labor despite strong contractions.

While C-sections are generally safe, they carry higher risks of complications for both mother and baby than vaginal births, making it essential for healthcare providers to weigh the benefits and risks when determining the best delivery method.

A timely C-section is essential to ensure the safety and health of both the mother and baby when complications arise during labor. Delays in performing a necessary C-section can lead to serious risks, such as oxygen deprivation for the baby, which may result in conditions like Hypoxic-Ischemic Encephalopathy (HIE) or even long-term developmental delays and physical disabilities, including cerebral palsy. In cases of fetal distress, prompt intervention is crucial to restore oxygen levels and prevent brain or organ damage.

For the mother, a timely C-section can prevent complications like uterine rupture or excessive bleeding when labor is not progressing normally or when certain medical conditions, such as placenta previa, threaten her health. Additionally, in cases of umbilical cord prolapse or abnormal positioning, immediate surgical intervention is often required to avoid physical injury to the baby and complications for the mother.

Timely C-sections require vigilant monitoring of both mother and baby during labor, as well as the healthcare team’s readiness to act swiftly. By intervening at the right moment, healthcare providers can significantly reduce the risk of adverse outcomes, ensuring a safer delivery for both mother and child. On the other hand, a physician’s failure to perform a timely cesarean section can be considered medical negligence.

A physician’s failure to perform a timely C-section can result in serious and preventable injuries and birth trauma to the infant, which may form the basis of a medical malpractice claim. Medical malpractice typically occurs when a physician, nurse, or other health care provider fails to use the appropriate level of care when treating a patient.

To prevail on a medical malpractice claim stemming from a birth injury, a child’s parents must prove certain elements. First, the healthcare provider must have owed a legal duty to the patient. Second, the legal duty must have been breached. This means the health care provider failed to abide by the standard of care normally used in the relevant specialty and geographic area. Third, the healthcare provider’s breach must have been the direct cause of the injury to the patient. Finally, the family must have incurred quantifiable damages.

In Maryland, families that successfully pursue a birth injury claim are eligible for various types of damages to compensate them for the financial, physical, and emotional impact of what they’ve been through. These damages typically fall into three categories: economic, non-economic, and, in certain cases, punitive damages.

1. Economic Damages: These cover measurable financial losses related to the injury. They may include medical expenses, such as hospital bills, surgeries, rehabilitation, and ongoing therapies. Additionally, economic damages can cover future medical costs, accounting for the lifelong care many birth injury victims may need. Families may also be compensated for lost income if a parent has to reduce working hours or leave employment to care for the child.
2. Non-Economic Damages: These damages address the intangible effects of a birth injury, such as pain and suffering, loss of enjoyment of life, and emotional distress. In Maryland, non-economic damages are capped by state law, and the cap adjusts annually.
3. Punitive Damages: While rare in Maryland, punitive damages may be awarded if the medical provider’s actions are found to be especially reckless or intentional. These damages serve as a punishment and deterrent for extreme negligence.

A physician’s failure to perform a timely cesarean section can have a profound impact on your child’s health, development, and future. If you believe that your obstetrician failed to perform a timely C-section, you should speak to a medical malpractice attorney who can help you fully understand all of your options. At Lebowitz & Mzhen, Personal Injury Lawyers, we understand that this is a difficult time for you and your family, and we will do everything possible to simplify the recovery process to place as little burden on you as possible. To set up a free consultation, call us toll-free at (800) 654-1949 or at (410) 654-3600. You can also contact us through our secure online contact form.