Birth Trauma Lawsuit Over Delayed, Botched C-Section Delivery

Memphis birth trauma lawsuit

A delayed or botched c-section or cesarean delivery is a common cause of child birth injury providing potent ground for the filing of a birth trauma lawsuit. About 30 percent of all child births are done using this procedure, including planned and unplanned cesarean birth. The procedure when delayed or not followed with standard care practices is likely to cause injuries to both mother and child. Our team of Memphis birth injury attorneys are familiar with many instances where negligence by doctors during the birthing process resulted in mothers and children suffering from unnecessary, avoidable yet serious trauma and harms.

What is c-section delivery?

Cesarean or c-section delivery is a surgical process of child birth. The child delivery is assisted through incisions in the abdomen and uterus of the mother. The entire process takes about 30 minutes and is normally considered safe, but delaying the c-section delivery or failing to perform it with care may cause acute fetal distress, oxygen deprivation, serious birth trauma, and surgical injury. Many birth trauma lawsuits filed highlight the fact that doctors erred in calculating the need and time of c-section delivery and this resulted in injuries to child.

Why is c-section delivery performed?

Doctors may perform a planned cesarean delivery when a number of factors are present, including:

  • the mother suffers from an infection with potential to affect the baby
  • the baby is in head-down position in the womb
  • weakness of the mother causing normal delivery difficult
  • the womb has more than one baby
  • the mother had a prior cesarean delivery

Doctors may elect for emergency c-section delivery if there is any life threat to both mother and baby due to sudden complications, onset of fetal distress, inordinate delay in labor, or the baby is choked by the umbilical cord. C-section delivery injury may occur in both planned and unplanned cases. During planned c-section, negligence and negligent surgical procedure cause injury while delay proves fatal in case of emergence caesarean. Interestingly, the majority of c-section delivery injury claim evaluations done by our Memphis birth injury attorney pertains to planned caesarean deliveries.

What are impacts of delayed and botched c-section delivery?

Injuries to Child: Thee are potential reasons for the filing of a C-Section Birth Trauma Lawsuit

  • Scarring, physical injuries, bruises, lacerate, abrasions
  • Forcep injuries
  • Brachial plexus injury
  • Fetal oxygen deprivation
  • Cerebral palsy and Erb’s Palsy
  • Baby get struck in the birth canal
  • Premature birth due to too early c-section
  • Wrongful death

Injuries to Mother: Thee are potential reasons for the filing of a C-Section Birth Trauma Lawsuit

  • Excessive blood loss
  • Post-partum hemorrhaging
  • Unplanned hysterectomy
  • Infections
  • Wrongful death
  • Blood clots
  • Bladder and bowel injuries
  • Anesthesia error
  • Incision scar braking open

Does delayed c-section delivery constitute medical malpractice?

The short answer: it can be.  C-section delivery is a surgical process and doctors must be well aware of the standard of care and be ready to act to save the mother or baby from any avoidable injury. If negligence in or during the surgery leads to any unnecessary injury to the child or mother, there may have been medical malpractice.

Time is critical during caesarean delivery. As per the American College of Obstetrics and Gynecology, c-section should be made within 30 minutes while such procedures necessitated by obstetrical emergencies must be done much sooner than 30 minutes to save the child. Delaying may cause c-section delivery injury, including permanent child brain damage or death. Thus, the failure to make rapid response or follow proper medical protocol can be medical negligence in Memphis, Tennessee.

Birth trauma may result in broken bones, injury to internal organs, and lesions in babies. Mothers may have infection or sepsis. Oxygen deprivation often causes damage to brain or death of the baby.

Please contact us or call us toll free at 1-800-632-1404 to have a free evaluation of your claim and consultation with our experienced Memphis birth injury attorney.

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