Cesarean sections are often performed when the health of the mother or baby is at risk. They save many lives and can reduce the risk of serious birth injuries. A doctor’s decision to perform this procedure must be carefully considered and perfectly timed.

Planned vs. Emergency C-Sections

About one in three U.S. births occurs by C-section. Sometimes, a woman’s doctor will recommend she schedule a cesarean birth rather than waiting for spontaneous labor to begin. They may do this in response to a specific maternal medical condition (like an active infection), general maternal risk factors (such as a history of prior C-section delivery), or a specific high-risk condition (like placenta previa or placental abruption).

Scheduling a C-section may be the best course of action if a condition or risk factor makes a natural birth likely to threaten the health and safety of a woman or her child. In some birth injury cases, a doctor’s failure to suggest this option could constitute malpractice.

An emergency C-section may be warranted when labor isn’t progressing safely or when the baby seems to be in danger or distress. A mother’s labor and delivery team must carefully monitor maternal and fetal health. Red flags like decelerated fetal heart rate or reduced oxygen levels may indicate fetal distress. In such cases, delaying the performance of a C-section can lead to preventable birth injuries. 

Emergency C-Sections: Timing Is Everything

All brain cells are extremely sensitive to oxygen deprivation (hypoxia), but babies are especially vulnerable during birth. Even short episodes can cause irreparable damage. Prolonged oxygen deprivation can lead to hypoxic-ischemic encephalopathy, a severe condition that can cause developmental delays and cognitive impairments that permanently affect a child’s quality of life.

If a delayed C-section results from error, negligence, or malpractice, you may be able to hold the hospital and medical team accountable. One recent Wayne County case illustrates how vital timely medical intervention is during labor to prevent birth injuries – and how a lawsuit can help an injured family pursue justice.

In March 2024, a jury awarded a Detroit woman $120 million in a medical malpractice lawsuit against Henry Ford Health System. The patient’s care team observed “non-reassuring fetal heart tones” during labor and ordered an emergency C-section. However, more than two hours elapsed between the initial order and the actual procedure. Because of this delay, her child suffered severe brain damage.

The jury found the hospital’s attending obstetrician and nurses had negligently failed to prevent the infant’s injuries during delivery. In particular, it found the delays in ordering and performing an emergency C-section did not meet the standard of care. It awarded a substantial verdict to support the child’s lifelong care needs, which were significant.

Causes of C-Section Delays

C-section delays can result from many types of medical malpractice and negligence. A woman’s prenatal care provider may overlook risk factors that significantly increase her risk of labor complications. An overcrowded, understaffed emergency room may fail to observe signs of distress in a pregnant patient. A labor and delivery team may fail to properly use or interpret fetal monitoring equipment. Poor communication between team members may result in delays in getting a patient to surgery after warning signs are observed. Inadequate staffing and a lack of available facilities may also be factors.

A well-timed surgical intervention can prevent devastating birth injuries. A mother’s prenatal care providers and labor and delivery care team must observe and consider the circumstances carefully and use their best medical judgment to make a well-informed decision. Failing to act with the care required of them may constitute medical malpractice.

Pursuing a Medical Malpractice Claim for Delayed C-Section

Labor and delivery complications can put your family’s future in peril. Children with severe birth injuries often require lifelong assistive care, including physical therapy, occupational therapy, and assistive devices. Medical treatments and adaptive home modifications can cost a small fortune. Parents must navigate the financial burden of medical bills along with the immense emotional impact of their child’s injuries on their family life.

If your child’s birth injuries were caused by medical negligence, you may be able to file a lawsuit. You may have claims against the providers on your care team for their individual actions (or failure to act) and the care facility for the actions of its agents. You may also have claims against the healthcare facility for big-picture issues like understaffing, inadequate supervision of its workers, or failure to take appropriate steps to ensure patient safety.

While a financial settlement cannot reverse the trauma of a birth injury, it can ensure you have the necessary resources to provide your child with the best possible quality of life and support your family’s ongoing needs. It may also help reduce the risk of similar injuries to other patients and improve overall patient care practices. Sommers Schwartz, P.C.’s dedicated Detroit medical malpractice attorneys advocate for families dealing with the life-altering effects of birth injuries. We can help you fight for the compensation and financial support your family deserves. Contact us today to discuss your case and explore your options.