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C-Section Mistakes & Related Birth Injuries

heart monitor alert screenFor more than five decades, New York birth injury lawyers of Edelman, Krasin and Jaye  have been advocating on behalf of those who’ve been injured by C-section mistakes. While a Cesarean section is a necessary choice in some circumstances, errors during the procedure can result in devastating injury and disability for the child.

Our highly credentialed legal team knows the catastrophic ramifications of birth injury malpractice, and is committed to helping NYC residents recover the compensation they deserve in such tragic situations. It takes experience and a solid knowledge of New York malpractice laws to determine liability in these situations, and our lawyers have a proven history of successfully winning cases involving C-section mistakes.

What is a C-section?

A C-section is the surgical delivery of a newborn when a vaginal delivery is not safe or possible. The procedure involves an incision through the abdominal wall and uterus, from which the baby is removed. In some cases, C-sections may be determined necessary prior to labor due to pregnancy complications or previous medical history of the mother. In other situations, a C-section may be performed as an emergency procedure because of complications that develop during the labor and delivery process.

According to the Centers for Disease Control and Prevention, C-sections made up nearly one-third of all deliveries in the United States in 2012. While that figure had been on the rise for a number of years, more recently, the percentage of C-sections have tapered off somewhat in this country. Still, they are performed more frequently than the World Health Organization’s recommendation of 15% of all births.

A Cesarean delivery is a major surgical procedure that requires attentiveness and competence on the part of hospital staff. Indications to perform a C-section require a prompt response, since delays in delivery can be disastrous. When mistakes occur, either due to malpractice or negligence, the results can be serious injury, disability or even death for the mother or child.

At the law firm of Edelman, Krasin and Jaye, we have seen firsthand the long-term effects of C-section mistakes on the entire family. Our attorneys work hard to represent the interests and protect the rights of those families, ensuring they receive proper compensation for their injuries. If you suspect your child’s injuries were caused by errors in the delivery room, our staff can help you determine whether you have grounds for seeking damages in a birth injury lawsuit in New York.

Reasons for a Cesarean section

There are many situations where a C-section delivery might be the most prudent choice:

  • Problems with the placenta or umbilical cord
  • Health conditions of the mother or baby
  • Unusually large babies or multiple babies
  • Uterine rupture
  • Failure of labor to progress or fetal distress
  • Previous C-sections

C-Section mistakes and resulting birth injuries

C-section mistakes can be broken down into two categories:

  • Failure to perform a C-section in a timely manner
  • Errors made during the C-section procedure

Both of these types of C-section mistakes can cause severe harm to both the mother and child. When complications arise in the delivery room, a quick choice to perform a C-section can make the difference between a healthy baby and one that is born with brain damage or other birth injuries.

For example, if labor is not progressing, or if the baby is showing signs of fetal distress, a prompt C-section may be necessary to ensure the baby is not deprived of oxygen for an extended period of time. Oxygen deprivation can lead to brain damage, cerebral palsy and death for the newborn.

Errors can also be made during the C-section procedure, including cuts to the baby’s skin or significant damage to the baby’s organs or nerves. In some cases, these birth injuries can be effectively treated after birth, but that is not always the case. Even treatable injuries may require invasive medical procedures or even surgery during the early days of the baby’s life. Damage may also occur to nearby organs of the mother like the bladder, which could require additional surgery to repair and recovery time afterward.

Liability for an untimely C-section

When injuries occur during a C-section, it can be difficult to assess liability. At EKJ Law, we are experienced in evaluating the facts of the case to determine if medical malpractice or negligence played a role in the mother or baby’s injuries. If malpractice or negligence is identified, our team of birth injury lawyers will work tirelessly to achieve the highest settlement or verdict possible, ensuring victims can receive the best medical care possible.

We will perform a careful analysis of events leading up to the labor and review all medical records from the delivery, in order to establish whether other steps could and should have been taken to prevent the injury from occurring.  In building the strongest case possible, we rely on an in-house network of healthcare experts, who may testify as to whether alternative procedures would have been a safer option.

Compensation available to victims

Birth injuries place emotional, physical and monetary burdens on the entire family. In some cases, injuries may be permanent and require ongoing medical care and therapy to help the child learn to live with disabilities. Families that are taxed emotionally also find themselves strained financially as medical bills pile up and wages are forfeited when parents take time away from work to care for their injured child. Compensation secured in a medical malpractice lawsuit can help relieve that financial strain so parents can concentrate on caring for their child without worry over how to pay their bills.

Damages may include reparations for:

  • past, present and future medical bills
  • lost income
  • diminished earning capacity
  • emotional distress
  • rehabilitation
  • in-home nursing care

New York birth injury lawyers

At Edelman, Krasin and Jaye, we pride ourselves on providing the highest quality of care and services to our Long Island and New York clients. We have seen the heartbreaking result of delivery room errors and have worked with families that are coping with the ongoing repercussions of those mistakes. Our team of NY medical malpractice lawyers offers unwavering support as you and your family struggle to regain a sense of normalcy after one of these life-changing events.

Call Edelman, Krasin and Jaye today to schedule a free evaluation of your case at 1.800.469.7429.

  1. Centers for Disease Control and Prevention, Births – Methods of Delivery,
  2. Harvard Magazine, Labor Interrupted,
  3. American Pregnancy Association, Reasons for a Cesarean Birth,
  4. Mayo Clinic, C-Section: Risks,