Cesarean Birth Injury

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“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

C-Section Injury Lawyer

Every parent’s hope is to have an uncomplicated birth with a healthy outcome for both mother and child. One of the most gut wrenching injury cases are those that result in the tragic loss of a baby or mom. Even a “routine” cesarean birth can end horribly wrong for the mother, child, or both. Families are devastated and frankly are never the same.

Why C-Sections are Performed

Cesarean section births (C-section births, abdominal deliveries), are usually performed if a vaginal delivery poses a risk to the life or health of the mother or baby. Factors that would lead a physician to opt for a C-section would include:

  • stalled labor

  • fetal distress

  • cord prolapse

  • uterine rupture

  • eclampsia

  • heart rate problems in the infant

  • placenta issues, a breech baby

  • a very large baby

Not all of these conditions necessitate a mandatory Cesarean, and in many cases the obstetrician must use discretion to decide whether one is necessary. Sometimes a lack of obstetric skill or the improper use of technology can lead to errors in decision making or procedure, which may lead to a birth injury of the child or injury to the mother, or both. When a C-section results in an injury, such as an abdominal adhesion, a hernia or an infection, it’s important to investigate whether the procedure was performed properly.

Possible C-Section Injuries

A doctor may recommend a C-section (surgical procedure) for a pregnant woman for various reasons, especially when there are concerns about the health and safety of the mother or baby. Here are some possible reasons:

Fetal Distress

When medical professionals monitor the baby’s heartbeat during labor and detect signs of fetal distress, such as an irregular heart rate or reduced oxygen supply, they may recommend a C-section. This will expedite delivery and is supposed to prevent a serious birth injury to the baby.

Breech Presentation

If the baby is in a breech position (feet or buttocks first) instead of the head-down position, a vaginal birth may increase the risk of birth injuries. As such, C-Sections are often recommended.

Placenta Complications

Conditions like placenta previa (where the placenta covers the cervix) or placental abruption (premature detachment of the placenta) can cause heavy bleeding and jeopardize both the mother and baby. A C-section is often necessary to avoid serious birth injuries or complications to baby and mother.

Multiple Pregnancy

When a woman is carrying twins or higher-order multiples, the risk of complications during labor increases. Doctors may recommend a C-section to ensure the safe delivery of all babies and prevent birth injuries.

Maternal Health Concerns

If the mother has certain medical conditions such as active herpes, severe hypertension, or certain heart conditions, vaginal birth may pose serious risks to her health. As such, C-sections may be recommended.

Previous C-section

If a woman has had a previous C-section, the doctor may recommend a repeat C-section in subsequent pregnancies to minimize the risk of complications associated with a vaginal birth. A vaginal birth after a previous C-section (VBAC) is still possible.

Failure to Progress

Prolonged labor, or failure of the cervix to dilate sufficiently can lead to exhaustion for both the mother and baby. This increases the risk of serious birth injuries. A C-section will likely be performed.

Umbilical Cord Issues

If the umbilical cord becomes compressed or prolapsed (exits the birth canal before the baby), it can restrict blood flow to the baby, resulting in a serious birth injury. A C-section can quickly mitigate this issue and reduce the risk of injury to the baby.

Maternal Choice

In some cases, a pregnant woman and her doctor may decide on a C-section for personal or non-medical reasons. This may include history of a previous traumatic birth experience, or a strong preference for a planned surgical delivery.

Fetal Abnormalities

When prenatal tests or ultrasound examinations reveal significant fetal abnormalities that require immediate medical attention or specialized care, a C-section will likely be performed to minimize risk of serious birth injury.

Possible C-Section Complications

Infection

Infections can develop at the incision site or within the abdominal cavity. If the infection is the result of a medical error in surgical site preparation or poor postoperative wound care, a medical malpractice lawsuit may be warranted. As a birth injury lawyer, I am here to be your advocate and recover damages on your behalf.

Hemorrhage

Excessive bleeding during or after the C-section can occur due to medical errors or surgical complications. If hemorrhage resulted from medical negligence and harmed you or your baby, contact the Law Firm of Tim Misny.

I will meet with you at a time and place that is most convenient for you… even if it means meeting you at the hospital.

Adhesions

Scar tissue (adhesions) can form in the abdominal area after a C-section, potentially causing pain and discomfort. In some cases, the adhesions result from surgical errors or surgical complications.

Organ Injury

Accidental injury to nearby organs such as the bladder or intestines during surgery may be considered medical malpractice if it occurred as a result of negligence or surgical errors.

Nerve Damage

Nerve damage in the abdominal area following a C-section delivery can lead to chronic pain, discomfort or numbness,. This should raise concerns if the injury was the result of surgical errors during delivery..

Deep Vein Thrombosis (DVT)

Prolonged immobility during and after a C-section can increase the risk of deep vein thrombosis (DV), also known as a blood clot.

Anesthesia Complications

Complications related to anesthesia, such as an allergic reaction or nerve injury from regional anesthesia, can raise concerns and possibly harm to the mother and/or baby.

As an experienced medical malpractice attorney, I’m confronted with this situation far too often. Physicians must be held accountable. Call me today, and I’ll Make Them Pay!®

Injury Symptoms

Listed below are symptoms that may be experienced by someone who was injured during a C-section:

  1. Pain and Tenderness: Persistent or worsening pain and tenderness around the incision site, which may indicate infection, wound complications, or nerve damage.

  2. Swelling: Unusual or excessive swelling around the incision area, which can be a sign of infection or fluid retention.

  3. Redness and Warmth: The incision site becomes red, warm to the touch, or inflamed, indicating possible infection or inflammation.

  4. Discharge: Pus-like or foul-smelling discharge from the incision site which may suggest infection or improper wound healing.

  5. Fever: A fever higher than 100.4°F (38°C) may be a sign of infection or other postoperative complications.

  6. Bleeding: Continued or heavy vaginal bleeding beyond the normal postpartum period (usually up to six weeks) can signal an issue, such as uterine hemorrhage or internal bleeding.

  7. Abdominal Pain: Severe or worsening abdominal pain, especially if it doesn’t improve with pain medication, may indicate internal complications, such as organ injury or adhesions.

  8. Nausea and Vomiting: Persistent nausea and vomiting may be a sign of complications such as infection or bowel obstruction.

  9. Difficulty Urinating: Inability to urinate, or pain and discomfort while urinating may be indicative of bladder or urinary tract issues, possibly related to the C-section.

  10. Numbness or Tingling: Numbness, tingling, or loss of sensation around the incision site or in the lower abdomen, can be a sign of nerve damage.

It is very important for individuals who have had a C-section to be aware of these symptoms and to promptly report any concerns to their healthcare provider. While some symptoms may be a normal part of the recovery process, others can indicate complications that need medical attention. Early recognition and intervention are essential to address potential C-section-related injuries promptly and effectively.

If your child suffered a serious birth injury during a C-section, or you experienced complications as a result of medical negligence, you need to call me as soon as possible. While you recover, I will take care of your birth injury lawsuit, and I’ll Make Them Pay!®

Injury Treatment

  1. Wound Care: Proper wound care involves cleaning and dressing the incision to prevent infection. If an infection is present, antibiotics may likely be prescribed.

  2. Pain Management: Pain medications, both over-the-counter and prescription, may be used to manage postoperative pain and discomfort.

  3. Physical Therapy: Physical therapy may be recommended to help restore abdominal muscle strength and mobility, especially if adhesions or muscle separation (diastasis recti) occurred.

  4. Scar Management: Special creams, silicone sheets, or laser therapy can be used to minimize the appearance of the C-section scar and improve its healing.

  5. Hematoma Drainage: If a hematoma (collection of blood) forms around the incision site, it may need to be drained surgically to relieve pain and to minimize the risk of infection.

  6. Adhesion Removal: A surgical procedure may be required to remove abdominal adhesions if they cause pain, bowel obstruction, or other complications.

  7. Nerve Blocks: For persistent nerve pain or discomfort near the incision site, nerve blocks may be administered to relieve the pain and improve comfort.

  8. Bowel or Bladder Repair: If there is damage to the bladder or bowel during surgery, surgical repair may be necessary to correct the injury.

  9. Uterine Repair: In cases of uterine injury during a C-section, repair of the uterine wall may be required to prevent further complications.

  10. Treatment for Deep Vein Thrombosis (DVT): If a DVT is diagnosed, anticoagulant medications (blood thinners) may be prescribed to prevent clot progression and reduce the risk of pulmonary embolism.

  11. Emotional and Psychological Support: Counseling, therapy, or support groups may be recommended to address emotional distress, or symptoms of depression or anxiety that may arise from C-section-related experiences.

  12. Revision Surgery: In cases of severe complications or persistent problems related to a C-section, revision surgery may be necessary to correct issues or improve outcomes.

  13. Maternal-Fetal Monitoring: If the baby experienced complications during the C-section, ongoing monitoring and treatment in a neonatal intensive care unit (NICU) may be required.

The specific treatment plan for a woman who has experienced a C-section injury will depend on the nature and severity of the injury. It’s essential for healthcare providers to assess each case individually, and tailor treatment accordingly, to ensure the best possible outcome.

When there is a complication with a C-section, treatment is often expensive and difficult on the patient. Call me today for your free consultation.

Medical Malpractice Case

Various healthcare professionals may be responsible for a C-section injury depending their roles and actions. Listed below are medical professionals who may be at fault for a C-section injury, and descriptions of what may have gone wrong:

  1. Surgeon: An obstetrician is primarily responsible for performing the C-section. Potential errors by the surgeon may include:

    • Making an incorrect incision or damaging nearby organs during surgery.

    • Failing to address bleeding promptly or control it effectively.

    • Poor suturing technique leading to wound complications or infection.

    • Inadequate communication or coordination with the obstetrical team.

  2. Anesthesiologist: Anesthesiologists administer anesthesia and monitor the patient’s vital signs during surgery. Errors by an anesthesiologist may include:

    • Administering the wrong type or dosage of anesthesia.

    • Failing to monitor the patient’s vital signs adequately during the procedure.

    • Delayed response to complications related to anesthesia.

  3. Nursing Staff: Nurses play a crucial role in preoperative, intraoperative, and postoperative care. Errors by nursing staff may include:

    • Inaccurate patient assessment before surgery, missing critical information.

    • Failure to provide proper postoperative wound care and infection prevention.

    • Medication errors, such as administering the wrong medication or dosage.

  4. Operating Room Technicians: These professionals assist in preparing the operating room and surgical equipment. Errors by operating room technicians may include:

    • Poor sterilization or maintenance of surgical instruments, increasing the risk of infection.

    • Inadequate preparation of the surgical field or equipment, leading to surgical complications.

  5. Obstetrician/Gynecologist (OB-GYN): The OB-GYN is often the primary care provider overseeing the pregnancy and may make the decision to perform a C-section. Errors by an OB-GYN may include:

    • Inappropriate or untimely decision-making regarding the need for a C-section.

    • Failure to properly communicate with the patient about the risks and benefits of a C-section.

    • Negligent prenatal care that doesn’t identify and address complications that may require a C-section.

  6. Medical Support Staff: This category includes various medical professionals, such as radiologists, lab technicians, and specialists. Errors by medical support staff may encompass:

    • Misinterpretation of diagnostic tests or images, leading to a missed diagnosis or inappropriate treatment.

    • Failure to consult with specialists when complications or unusual circumstances arise during a C-section.

  7. Hospital Administration: Hospital administrators are responsible for the overall management and policies of the healthcare facility. Errors in hospital administration may involve:

    • Inadequate staffing levels or workload management, leading to fatigue and errors by healthcare providers.

    • Insufficient training or protocols for handling emergency situations during C-sections.

Determining who may be at fault for a C-section injury can be complex, and it often requires a thorough investigation and expert medical opinion.

If you believe you or a loved one was harmed as a result of of an improperly performed Cesarean section, please contact me as soon as possible.  We will discuss your case free of charge, and if you have a medical malpractice claim, I’ll Make Them Pay!®.

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