A cesarean section or “C-section” delivery refers to the well-known process of surgically delivering a baby from the uterus as opposed to a normal vaginal birth. In a C-section, the doctor makes a surgical incision in the mother’s stomach and the baby is physically extracted through the opening. There are a lot of birth injury medical malpractice lawsuits filed in Maryland due to the failure to perform a C-section.
What are the side effects of a cesarean delivery?
Side-effects of a C-section delivery often include excessive fatigue, itching, numbness and painful constipation. Another side-effect of a C-section is that the recovery time is typically much longer compared to a vaginal delivery.
- More on the types of injuries that occur from a C-section
What are the risks of a C-section?
C-section delivery may be necessary for a number of reasons. In some cases, doctors will opt for a C-section in advance. This can be because the baby is too large for the mother’s pelvis or because of other complications that are diagnosed in advance. In other situations, an emergency C-section might be performed in response to complications that arise during vaginal delivery. For example, an emergency C-section might be done if the baby becomes stuck in the birth canal or the umbilical cord is compressed.
Can you die from a C-section?
Does a C-section hurt?
How long does it take to recover from a C-section?
Can I have natural birth after a C-section?
Can you elect to have a C-section?
Electing to have a C-section based on preference or convenience is a controversial topic. Some mothers want to have a C-section so that they can schedule the day of their delivery or avoid the pain of natural delivery. The American College of Obstetrics and Gynecology has officially stated that it is ethical for doctors to allow a mother to choose a C-section, but doctors will strongly discourage it.
Can you schedule a C-section?
Emergency C-sections obviously cannot be scheduled. However, when a C-section delivery is planned in advance the mother and doctor can schedule the delivery on a chosen date. There are some natural limitations to this and sometimes complications can arise that require the scheduled date to be changed. But for the most part, planned C-sections can be deliberately scheduled at a convenient day and time.
Can a child get brain damage during a C-section?
What kind of malpractice cases arises relating to C-sections?
Most birth injury malpractice claims involve allegations that the doctors negligently failed to perform a C-section or waited too long for an emergency C-section. In some instances, however, the C-section procedure itself can give rise to serious medical malpractice claims. These type of C-section malpractice claims are usually based on theories of surgical error. For example, if the doctor makes an improper or negligent incision or fails to properly suture. Or if the C-section incision is too deep and cuts the baby.
Sample stories of obstetricians failing to perform a C-section
Below are four example lawsuits that involve the failure to timely order and perform a C-section in Maryland in the last 12 months
- Failure to perform C-section malpractice case filed in 2018 against P.G. Hospital
- Another failure to perform a timely C-section birth injury case in St. Mary’s County in 2018
- Lawsuit filed in 2018 after a baby developed PVL and cerebral palsy allegedly as the result of the failure to perform a C-section to rescue the baby from distress
- Johns Hopkins Hospital in Baltimore was sued for malpractice based on a botched C-section in 2017
C-section – Settlements & Verdicts:
Below is a summary of some recent settlements & verdicts in cases involving both failure to perform a C-section and C-section surgical errors/negligence.
- Dixon v. United States (2017 Florida) $33 Million Verdict: Plaintiff alleged that her doctors failed to perform a timely emergency C-section in response to clear signs of fetal distress during labor. Specifically, the fetal heart strip showed sign of significant fetal distress but the doctor told Plaintiff to keep pushing anyway. An emergency C-section was eventually performed but by then the baby had suffered severe brain damage due to oxygen deprivation. The injuries essentially left the baby in a permanent vegetative state. A jury in Miami awarded damages of $33 million.
- P. v. United States (2015 California): Jury Verdict $9.8 million: negligent delay in performing emergency C-section in response to delivery complications resulted in brain damage and cerebral palsy.
- Sandoval v. St. John’s Regional Med. Center (2008 California) – Bench Verdict $260,000: This is C-section surgical error case. In performing the C-section, the doctor accidentally cut Plaintiff’s uterus. The laceration went unnoticed for a few days and by the time it was detected the only option was to surgically remove the uterus.
Getting a Baltimore-Washington Area Birth Injury Lawyer
My law firm handles birth injury cases in Maryland. Call me today at 800-553-8082 or get a free, no obligation case evaluation online.