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?
- More on the types of injuries that occur from a C-section
What are the risks of a C-section?
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?
Can you schedule a C-section?
How long does an emergency cesarean section take?
According to ACOG guidelines, when a decision is made to proceed with a cesarean section, the incision must occur within thirty minutes. But, really, this is absurd. ACOG makes a lot of the rules to protect against malpractice lawsuits. In clinical practice, this can most charitably be called the outside time limit to begin the procedure. It should be accomplished as soon as safely practical, which is often in less than ten minutes.
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 our lawyers see that 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-sectionBelow 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 against P.G. Hospital
- Another failure to perform a timely C-section birth injury case in St. Mary’s County
- Lawsuit filed 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
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.
YEAR / STATE
CASE / INJURY SUMMARY
2017 – Florida
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.
$33,000,000 – Verdict
2015 – California
Negligent delay in performing emergency C-section in response to delivery complications resulted in brain damage and cerebral palsy.
$9,800,000 – Verdict
2008 – California
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.
$260,000 – Bench Verdict