Delayed C-Section
If the birth of a child involves health risks to mother or baby, a cesarean section (C-section) may be recommended or medically necessary. Delaying a C-section negligently or unnecessarily can jeopardize the safety of the delivery and result in serious birth injuries, maternal complications and even death.
C-section delays are often the product of medical malpractice. In this scenario, the affected family has the right to hold the negligent health care provider accountable. An experienced medical malpractice lawyer can help you and your family seek justice and optimize your outcome when case results matter most.
Health and Safety Risks if a C-Section Is Delayed
Delayed C-sections typically refer to a doctor, surgeon or OBGYN failing to order a timely cesarean procedure in response to a major complication or emergency during the labor and delivery process. The birth of a child is extremely time-sensitive. If an unplanned emergency C-section is delayed by even a few minutes, it can have catastrophic consequences for the infant.
The most common poor health outcome is an infant brain injury. Acquired brain injuries such as hypoxia (lack of oxygen) or hypoxic ischemic encephalopathy (HIE) can occur when a birth complication cuts off air supply to the infant in utero. If the signs of fetal distress aren’t noticed immediately, continuous interrupted oxygen or blood supply can cause permanent brain damage.
When Can a Delayed C-Section Lead to a Medical Malpractice Claim?
Medical malpractice is a tort claim that can be filed in New Jersey in pursuit of financial compensation for an injured patient’s losses when the harm claimed occurred due to professional negligence by a health care provider.
The elements of a New Jersey medical malpractice claim are:
- The doctor or health care center (defendant) owed a professional responsibility to uphold a certain standard of care when handling the birth of the child.
- The defendant committed an act or omission that fell short of the accepted standard of care, such as waiting too long to order an emergency C-section.
- The defendant’s breach of the duty of care directly caused the harm or injury being claimed, such as a case of infant brain damage, cerebral palsy or lifelong disability.
In general, if a reasonably prudent health care provider most likely would have recognized the need for a C-section sooner and gotten the procedure underway earlier, the defendant could be held liable for injuries to mother or baby caused by a delayed C-section.
Types of Financial Compensation for Delayed C-Section Injuries
If a delayed C-section injured you or your infant and you believe the doctor responsible was negligent in how long he or she waited to order the procedure, you could be eligible for financial compensation through a medical malpractice claim in New Jersey.
Holding a negligent health care provider liable could lead to damages such as:
- Necessary medical costs to treat a birth injury
- Short-term or long-term disability (physical or mental)
- Lost wages (for the mother)
- Lost capacity to earn (for a severely injured infant)
- Pain, suffering and emotional damage
- Psychological trauma
- The wrongful death of a child or mother
The defendant’s insurance provider may be responsible for paying for an injured mother’s or newborn’s damages after a delayed C-section delivery. Proving this type of case requires evidence of negligence, such as understaffing, fatigue, inexperience, distraction, inattention or misdiagnosis.
Explore your legal rights and learn the potential value of your medical malpractice claim with a New Jersey attorney today. Contact the Law Offices of Jeffrey S. Hasson, P.C. online or call us at (201) 645-4374 to get in touch.