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Delaying a C-Section Is a Suable Offense

Sep 13, 2021

Obstetricians and nurses have an obligation to provide the best care possible to their patients. One of the delivery methods they can use to prevent birth complications is a cesarean section (or C-section).

Though C-sections aren’t always preferred as a delivery method, they can prevent serious injuries and death in certain situations. If complications are predictable and obvious, the failure to perform a C-section in a timely manner can be considered medical malpractice, making it a suable offense.

Why Do Healthcare Providers Perform C-Sections?

Typically, C-sections are needed because of complications that arise before or during labor. They can be scheduled in advance if doctors believe the mother and baby are at high risk for complications.

C-sections can also be used as an emergency measure if complications arise during the birthing process. Here are a few examples of why a doctor might order an emergency C-section during labor:

  • Stalled labor
  • Umbilical cord issues
  • Complications from placenta obstructions
  • Obstructed birth canal
  • The baby has an irregular heartbeat
  • The baby’s oxygen flow is being blocked
  • The baby is in an abnormal position

The Consequences of a Delaying a C-Section

When it becomes clear to medical professionals that complications are arising during birth, they should act immediately to speed up the process and avoid causing harm to the mother and baby. When doctors don’t order a C-section on time, they might be forced to use riskier delivery methods, such as forceps and vacuum extractors.

Failure to promptly perform a C-section could result in oxygen deprivation, which could have many consequences, including hypoxic ischemic encephalopathy (HIE), cerebral palsy, brain damage, and death.

When a Delayed C-Section Is Considered Negligence

Obstetricians should have training and experience to identify situations where C-sections are necessary. When those warning signs are obvious, and they fail to act swiftly and decisively, they are unnecessarily delaying a C-section.

When doctors or nurses fail to provide a standard of care accepted in their field, they could be considered negligent in their duties. Proving a failure to provide this standard of care is one of the cornerstones of medical malpractice claims, and it’s what we do as Michigan birth injury lawyers.

Your Rights as a Victim of Medical Negligence

Birth injuries like those caused by a delayed C-section can have devastating consequences for a baby and that baby’s family. They can lead to costly, ongoing medical expenses and a lifetime of pain and suffering.

When a healthcare provider is negligent and commits medical malpractice, victims have every right to demand compensation for the economic and non-economic damages they’re facing. However, few healthcare providers admit their mistakes or take responsibility for the harm they’ve caused, which is why victims use the legal system to demand the compensation they’re entitled to.

Let Fieger Law Help

At Fieger Law, our Michigan birth injury lawyers help victims of medical malpractice nationwide. Our track record in these cases reflects the hard work we put in on behalf of our clients.

Our lawyers have won record-setting birth injury verdicts and settlements across the U.S., including $144.5 million in Michigan, $53 million in Illinois, $30 million in Ohio, and $17 million in West Virginia. Our largest birth injury verdict is also the largest single-injury verdict in U.S. history.

If you’re considering your legal options after a delayed C-section, let Fieger Law review your case for free. We’ll help you figure out your next steps to compensation. Contact us today to schedule a free consultation.