A Cesarean section or c-section is a surgical procedure that removes an infant from the mother’s womb. Some c-sections are planned while others are last-minute and necessitated by an unexpected medical complication. If you underwent a planned or emergency c-section and you or your child were injured, you may wonder if the injury was caused by a medical mistake. You may also want to know if the doctor or hospital is liable for the harm caused. In some cases, maternal injuries or birth injuries related to a c-section are caused by medical malpractice.

Delayed C-Section and Failure to Perform a C-Section

Cesarean sections carry certain risks, so many doctors advise women to avoid having a c-section unless it is necessary to protect her health or the health of her unborn child. However, there are some situations in which a traditional vaginal birth is much riskier than delivering via c-section. A doctor may recommend a c-section if there are complications such as:

• Abnormal progress during labor
• Fetal distress
• Placental abruption, placenta previa, or placental insufficiency
• Uterine rupture
• Pre-eclampsia/eclampsia
• The baby is in breech position
• Umbilical cord prolapse

An important part of any doctor’s job is to recognize the signs of medical complications and take the appropriate action. If a doctor fails to notice signs of fetal distress or other red flags that indicate that a c-section is necessary, the doctor c-section operation may be delayed or the doctor may continue with a traditional delivery. Delayed c-sections and failure to perform a necessary c-section can cause the baby to be deprived of oxygen. This may lead to severe birth injuries including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy. In some cases, failure to perform a timely c-section results in the infant’s death.

Cerebral palsy (CP) is a complex medical condition that experts are still learning more and more about every day. The most common symptom of cerebral palsy is trouble with movement and coordination. Some sufferers also experience difficulty with swallowing, speaking, hearing, and vision. Cognitive impairment is present in approximately one third of sufferers. CP can cause a range of symptoms, from relatively mild to severely disabling. If your child has developed cerebral palsy, you may have questions about how and why your child developed this life-changing condition.

What Causes Cerebral Palsy?

Cerebral palsy occurs when part of the brain is damaged or develops abnormally. Congenital cerebral palsy is CP that a child is born with, while acquired cerebral palsy is caused by brain damage during the beginning of the child’s life. CP can be caused by brain damage that occurs before the child is born, during labor and delivery, or shortly after birth. Trauma, reduced blood flow to the child’s brain, or even infections like viral encephalitis may cause a child to develop CP. There is still much about cerebral palsy that is unknown.

Could My Child’s CP Have Been Prevented?

Parents of children with CP often wonder if there is anything that could have been done to prevent their child from developing CP. In some cases, there is nothing that doctors, surgeons, or other medical professionals could have done to stop the brain damage or brain abnormalities that lead to the child’s cerebral palsy. In other cases, cerebral palsy is a direct result of a medical error. Medical mistakes that most commonly lead to cerebral palsy include:

About a third of all babies are delivered via cesarean section or “c-section.” In some cases, a mother chooses to have a c-section birth instead of a vaginal birth. Other times, an emergency c-section is needed to prevent the baby from suffering asphyxia or other harm. If you or your baby were injured and you suspect that medical negligence contributed to the injury, contact a medical malpractice attorney for help investigating the medical staff’s actions. You may be entitled to financial compensation for your damages.

Delayed C-Sections Put Babies Lives at Risk  

When a woman goes into labor, doctors and nurses must be vigilant for signs that labor is not progressing normally. Abnormalities with the infant’s heart rate is often the first sign that he or she is in distress. An emergency c-section may be needed if the baby’s head is too big to fit through the mother’s pelvis, placental abruption or uterine rupture occurs, there is a prolapsed umbilical cord, or there are other problems that make vaginal birth too risky.

If there are indications that an emergency c-section is the safer option, doctors must quickly make the decision to perform a c-section and begin the procedure. The time between the decision to deliver a baby via c-section and the actual delivery is called the “decision delivery interval” (DDI). If a medical professional waits too long to decide to perform a c-section or the DDI is too great, the infant can suffer severe, life-threatening medical complications.

Whether it is an appendectomy, bypass surgery, cesarean section, carotid endarterectomy, or another surgical procedure, going in for surgery can be a scary experience. While most surgeries are successful and do not involve unexpected complications, not every surgery goes according to plan. Sometimes surgical procedures result in a patient’s injury or death, and there is nothing that the surgeons could have done to prevent it. Other times, it is the surgeon’s carelessness that is directly responsible for the negative outcome. One especially alarming example of medical negligence during surgery occurs when a surgeon leaves a foreign object inside the patient’s body.

Foreign Objects Left Behind During Surgery

Surgeons, nurses, anesthesiologists, and other medical staff involved in surgical procedures must complete years of rigorous classes and training before being permitted to perform surgery. Unfortunately, these medical professionals may still make mistakes that endanger the lives of their patients. Equipment such as scalpels, scissors, forceps, clamps, and sponges, are often used during surgical procedures. Surgeons and nurses are expected to keep track of these objects and ensure that no object is still inside the patient’s body when the surgery is complete. Unfortunately, misunderstandings and miscommunications can lead to equipment being forgotten. It is estimated that surgical equipment and other objects are left inside of patients’ bodies an average of 4,500–6,000 times each year in the United States.

Consequences of Major Surgical Mistakes Are Often Catastrophic

The problem of retained foreign objects is one that is entirely preventable. Medical staff should be fully aware of the number and types of equipment used during surgery and should account for these objects before closing the patient’s incision and completing the surgery. Leaving a foreign object inside of a person’s body can cause them to suffer extreme and unnecessary pain. It can also lead to life-threatening infections, punctures and perforations of tissues and internal organs, reduced blood flow, and even death. If he or she survives, a patient may require additional surgeries and other medical treatment to mitigate the damage caused by the careless error. 

Unfortunately, a high number of patients each year suffer from unexplained symptoms and inaccurate diagnoses. Patients often forget that despite the responsibility that medical professionals are given, they do make unintentional mistakes from time to time. While this may be acceptable in other professional fields, a seemingly minor mixup from a nurse, doctor, or other medical professionals can be deadly. If you have been a victim of medical malpractice, it is pertinent that you seek legal help immediately. This timeliness will allow you to make an accurate claim and receive deserved compensation to cover any impending medical bills, time lost at work, or other financial obligations.

Which Claim Can I Pursue?

All lawsuits concerning healthcare discrepancies fall under the large legal umbrella of medical malpractice. However, you and your attorney will need to pinpoint which type of issue you are dealing with. Two common cases that legal professionals handle are victims of misdiagnosis and missed diagnosis. Although the terms are similar, the details of your case will dictate which one to pursue.