Cesarean Birth Injury

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“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


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.


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.


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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Jake Ferri
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I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
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Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
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Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
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Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
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I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
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Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
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If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
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PJ Camargo/Authentik Movement Training
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I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
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Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
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As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
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Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
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Benjamin Firstenberg
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I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.