Failure To Perform a C-Section: Is It Malpractice?

Childbirth is rarely predictable. Complications can arise anytime, so doctors must always be prepared to act quickly. The decision between sticking with a vaginal delivery or performing a Cesarean section (C-section) can be the difference between life and death for the mother and/or child. Performing a timely C-section can help protect the mother and baby from injury. When a medical professional fails or delays to perform a C-section, and that decision results in harm to the mother and/or baby, it may constitute medical malpractice. In this article, we discuss when failure to perform a C-section becomes medical malpractice and what you can do to protect your legal rights.

When Is a C-Section?

A cesarean section or C-section is a surgical procedure performed to deliver a baby. An incision is made in the mother’s abdomen and uterus, and then the medical team carefully delivers the baby through that opening. If there is a pregnancy complication, a C-section may be planned. And often, mothers who have had a C-section before are more likely to need another one.

When Does a C-Section Become Medically Necessary?

While many births can be completed vaginally, sometimes it is necessary to perform a C-section. So, who determines if a C-section is needed? It is up to the doctor to keep an eye out during labor and recognize the warning signs. A doctor may recommend a C-section if;

• Labor does not progress as expected, or in other words, when labor is prolonged
• There are concerns about the baby’s heartbeat
• The baby is in an unusual position
• There is a prolapsed umbilical cord
• There is a problem with the placenta
• The mother has a health issue

A skilled obstetrician would order a C-section without delay in the above cases. Failure to do so could place both the mother and child at risk. If either suffers harm, the medical professional could be held liable in a medical malpractice claim.

Proving a Malpractice Claim

After a failure to perform a C-section causes harm, the harmed party must prove the following elements to have a successful malpractice claim;

1. A duty of care: The hospital or medical professional was responsible for treating the pregnant mother.
2. Breach of duty of care: The hospital or medical professional failed to act in a manner another competent professional in the same situation would have acted. In this case, they failed to order a timely C-section.
3. Causation: This entails showing that the failure to order a timely C-section caused harm to the mother or child, or both.
4. Damages: Finally, it must be proven that the breach of duty caused physical, emotional, or financial harm.

Usually, these cases require testimony from another medical expert explaining what the defendant should have done differently.

How To Protect Your Rights After a Failure To Perform a C-Section Causes Harm

If you and/or your baby suffered harm and you believe that if a C-section had been performed, the outcome would have been different, here are the steps you can take to protect your legal rights;

• Request your medical records
• Document your experience
• Consult a skilled medical malpractice attorney

A skilled attorney can review your records and work with experts to determine if malpractice occurred. An attorney can help you pursue fair compensation.

Contact Us for Legal Help

If you and/or your baby suffered harm during the delivery process, and suspect negligence played a role, contact our skilled Baltimore medical malpractice lawyer at Hardball Law for legal help.