A Cesarean section – often called a “C-section” for short – is a major surgery conducted to deliver a child by a surgical incision made through the mother’s abdomen and uterine wall. While C-sections carry a risk for injury when not performed properly, they are typically executed well and provide a necessary life-saving/injury preventing surgery. An OBGYN has a duty to recognize the signs of distress in either the mother or child that create the need for a pre-planned or emergency C-section.
If you or your infant endured a birth injury due to a failure to perform a timely C-section then you may be entitled to receive compensation for pain and suffering, medical expenses and other damages. Contact a medical malpractice attorney today.
Because C-sections are often an “indicated” procedure, OB/GYNs have a duty to recognize indicators that the procedure is necessary. In these cases, a C-section usually provides a quick and safe alternative to birth a baby that decreases the chances of brain damage or other birth injury. When a doctor fails to perform a C-section that may have prevented a birth injury because he didn’t recognize a C-section indicator it could be the basis for a medical malpractice lawsuit.
Fetal distress: OB/GYNs have a medical duty to monitor the health of the fetus before and during labor and make a decision about whether a vaginal birth is possible and medically safe. Failing to recognize symptoms of fetal distress that indicated the need for a C-section is a breach of duty.
Pre-natal indicators: OB/GYNs must be on the lookout for pre-natal indicators that would make a planned C-section the best birth plan. Pre-natal indicators include placental abruption, placenta previa and pre-eclampsia. Because all of these indicators are easy to identify, if an OB/GYN misses these conditions and proceeds with vaginal childbirth resulting in birth injury, malpractice has likely occurred.
Other issues: Other issues that should be considered when determining whether a C-section is necessary include twins, prior C-section, active STD such as herpes and fetus in breech or transverse position.
Untimely C-section: When a physician recognizes the need for C-section but performs the surgery too late to prevent birth injury, he may have committed medical malpractice. An OB/GYN must recognize not only that a C-section needs to be performed but WHEN it needs to be performed. When a C-section is performed in an untimely manner – often after extended labor or a long-period of fetal distress – preventable injuries may occur to both the mother and infant.
The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.
Call us now at 206-842-1000 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.