Posted: August 8, 2017

A Cesarian section is often medically necessary to avoid complications during labor and delivery and to provide a safe birth for both mother and child. A C-section may be safer than a vaginal birth for many reasons, among them:

Complications During PregnancyFailure or Delay in C-Section

  • You previously had a C-section delivery or other surgery involving your reproductive system
  • You have an infection, such as genital herpes or HIV
  • You are pregnant with twins or more babies
  • You have a chronic health condition, such as high blood pressure or diabetes
  • You have placental abruption, which can cause dangerous bleeding

Complications During Childbirth

  • Fetal distress, where the baby is experiencing difficulties such as  a slow heart rate
  • Umbilical cord prolapse, in which the umbilical cord slips into a position where it could be flattened or squeezed during delivery and deprive the baby of oxygen
  • Breech position, where the baby’s feet are facing down
  • Transverse position, where the baby’s shoulders are facing down
  • Slow or stopped progression of labor

Consequences of Delay or Failure to Perform C-Section

Delays or failures to perform a C-section when medically necessary can significantly increase the risk of birth injury for the child and the mother. Permanent injuries or death can result from these medical mistakes. Injuries may include:

  • Cerebral palsy
  • Neonatal seizures
  • Intellectual disabilities
  • Developmental delays

These injuries often result in a decreased quality of life for an infant and require lifelong care. They also take an extreme emotional and financial toll on a family.

Who Can Be Held Responsible

Conditions can change quickly and dramatically during childbirth. Your medical team, including your doctors, nurses, midwife and others are responsible for monitoring the status of you and your baby.

Medical professionals should be capable of making quick and accurate assessments of the care needed for both a mother and child during labor and delivery. If a doctor or other responsible parties fail to recognize when immediate intervention is necessary, they may be held responsible for injuries caused by their medical negligence.

Each medical professional is held to a standard of reasonable care and when they fail to comply with that standard, they may be held accountable for subsequent injuries.

How a Birth Injury Lawyer Can Help

If your medical team should have recognized the need for a C-section and failed to perform one or delayed performing one, you may have a case for medical negligence for injuries sustained by you and your child.

The experienced attorneys at Kline & Specter, PC, will thoroughly investigate the medical decisions made in your case. We review the medical records to determine an exact timeline of where nurses were and what they did and what doctors knew about your condition and how they acted or failed to act upon that knowledge.

We carefully evaluate and study the labor and delivery records for signs of medical negligence, and can help you pursue the parties responsible for your child’s injuries to obtain the justice and the compensation your family deserves.

Experienced Attorneys at Kline & Specter, PC

The attorneys at Kline & Specter, PC, are experienced litigators who have won millions of dollars for families who have been affected by birth injuries. Our team of attorneys includes five accomplished doctors, two of whom are OB/GYNs. We understand the complexity of birth injury cases and have the skill and knowledge necessary to investigate your medical negligence case and fight for the compensation your family deserves.

Major victories we have achieved for our clients include:

  • $100 million for a baby who suffered severe brain damage because of doctors’ errors
  • $57 million for an infant with cerebral palsy because of a midwife’s mistakes
  • $42 million for a baby who suffered  severe brain damage because of a forceps injury during birth

If your child is suffering because of a medical error during labor and delivery, call 800-243-1100 today for a free case consultation with Kline & Specter. We represent clients in Pennsylvania, New Jersey, Delaware and across the nation.