How to Take Legal Action After a Botched C-Section

A woman holds her baby in a hospital gown after a botched c-section.

During pregnancy, all any new mother dreams of is a healthy baby and a safe delivery. A child’s entry into the world is a journey for both mother and child, and sometimes, it includes moments with complications. Cesarean sections (c-section) are typically performed by your doctor when the safety of the mother or child is at risk. However, there can be cases where mother or child are unnecessarily harmed by their provider in a botched c-section. If you or a loved one experienced a botched c-section, our birth injury attorneys are here to help you navigate your next steps.

Defining C-Sections

A c-section is a common surgical procedure performed when a natural delivery can be dangerous to both mother and child. A doctor or surgeon will make incisions through the abdomen wall and uterus to deliver the baby — leading to additional recovery time for the mother in the hospital post-delivery. A botched c-section typically results when a doctor’s negligence causes a birth injury to the mother or child. This situation gives grounds for a malpractice lawsuit.

Complications from a Botched C-Section 

Whether your c-section is planned or as a result of an emergency, the procedure does not come without its potential risks. As a major abdominal surgery, a mother can experience any of the following if a doctor does not take care in order to avoid a botched c-section:

  • Lacerations to other organs
  • Blood clots
  • Excessive bleeding
  • Infection of the incision site
  • Emergency hysterectomy
  • Injury to the child
  • Maternal and/or fetal death

Categories of C-Section Malpractice Lawsuits

When you bring a child into the world, you place the utmost trust in your medical provider to keep you and your child safe. While we are human and can make mistakes during high pressure situations, it does not excuse medical negligence leading to a birth injury. Typically, a malpractice claim for a botched c-section can fall under two main categories: failure to perform and surgical error.

Failure to Perform

If a medical provider fails to notice signs of distress during the labor process and quickly perform an emergency c-section, the results can be catastrophic for both mother and child. For example, the immediate course of action for fetal distress is a c-section. If a doctor prolongs emergency c-section and it leads to a serious development issue in your child, you can file a medical malpractice suit against your doctor for a failure to perform the standard of care within a timely manner.

Surgical Error 

Your doctor has a duty to make sure any procedure is conducted appropriately. A c-section is a serious abdominal surgery and if your medical provider makes an error during the procedure that causes an injury, you can sue for medical malpractice. For example, if your doctor were to cut too far and damage one of your organs or even your child, you could file a malpractice lawsuit for a botched c-section.

Seek Legal Action with Zevan Davidson Roman

Bringing a child into the world is full of anticipation and excitement, but a botched c-section can quickly lead to devastation for you and your family. Our team of attorneys are here to help you recover and fight for the rightful compensation you deserve. If you believe you received a botched c-section during your delivery, contact our birth injury attorneys for a free consultation today.

Missouri Birth Injury Lawyer

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