A cesarean section can be the difference between a healthy delivery and a catastrophic birth injury. When a medical team recognizes the warning signs that a vaginal delivery is unsafe but fails to order a C-section in time, the resulting harm to mother or baby may amount to a Philadelphia birth injury lawsuit.
What Is a C-Section, and When Are They Necessary?
A cesarean section is a surgical procedure in which a baby is delivered through an incision in the mother’s abdomen and uterus, rather than through vaginal birth. While some C-sections are planned in advance, many are performed as emergencies due to labor complications.
A C-section is generally considered necessary when:
- The baby shows signs of fetal distress, such as an abnormal heart rate
- Labor fails to progress despite adequate time and intervention
- The baby is in a breech or other abnormal position
- The placenta is blocking the cervix (placenta previa) or has detached early (placental abruption)
- The umbilical cord prolapses or becomes compressed
- The baby is significantly larger than average, raising the risk of injury during vaginal delivery
- The mother has a condition, such as active preeclampsia or an infection, that makes vaginal delivery unsafe
Recognizing these warning signs is a core part of the standard of care during labor and delivery. Otherwise, providers won’t be able to order a C-section when the situation demands it.
What Injuries Result from Failing to Perform a C-Section?
When a necessary C-section is delayed or skipped, the consequences can be severe and sometimes permanent.
Injuries linked to a failure to timely perform a C-section include:
- Hypoxic-ischemic encephalopathy, a brain injury caused by oxygen deprivation during birth
- Cerebral palsy, which can result from oxygen deprivation or trauma during a prolonged or difficult delivery
- Brachial plexus injuries, including Erb’s palsy, from excessive force during a vaginal delivery that should have been a C-section
- Skull fractures and brain bleeds
- Seizures and developmental delays
- Stillbirth or neonatal death in the most severe cases
Mothers can also suffer serious harm in these situations, including uterine rupture and hemorrhage. In many of these cases, the injury could have been prevented entirely had the medical team acted on the warning signs already presented by mother and baby.
What Compensation Is Recoverable After a Birth Injury?
When a delayed or missed C-section causes a birth injury, the law generally allows the affected family to recover compensation for the full scope of the harm to the mother and child. These damages may include:
- Past and future medical expenses
- The cost of assistive devices
- Lost income for a parent who must provide ongoing care
- Pain, suffering, and emotional distress
- The child’s diminished future earning capacity
- Wrongful death damages in the most tragic cases
Birth injuries often require a lifetime of care for children. That’s why these cases typically rely on medical experts and life-care planners to project the full cost of treatment over the child’s lifetime.
If you believe a delayed or missed C-section caused your child’s injury, an experienced hospital malpractice attorney in Philadelphia can review your medical records and help you understand your legal options.