Delayed Emergency C-Section

For many families, the arrival of a baby is a moment filled with joy, hope, and dreams for the future. Parents eagerly anticipate meeting their child and, envisioning all the beautiful moments they’ll share. However, discovering that a medical oversight or delayed decision led to a serious birth injury is devastating. 

Families facing these unexpected circumstances often feel overwhelmed and heartbroken, particularly because they trusted their medical team to protect their baby. 

At ABC Law Centers: Birth Injury Lawyers, we understand a birth injury’s profound impact on families. Our dedicated team of birth injury lawyers is here to help you understand your legal options, support you through these difficult times, and pursue justice for your child.

Under certain circumstances, delivery must take place immediately because of a dangerous maternal or fetal health issue. Medical professionals have specific standards of care to follow in these situations. When they fail to act promptly, the consequences for a newborn can be severe.

The American College of Obstetricians and Gynecologists (ACOG) states that an emergency C-section should occur within 30 minutes of a decision to proceed. For urgent cases, such as placental abruption, uterine rupture, placenta previa, or umbilical cord prolapse, delivery should occur much sooner.

ACOG also explains that when fetal monitoring indicates the baby is not receiving enough oxygen, medical teams should perform a C-section “as expeditiously as feasible.” Studies indicate that C-sections should be completed within 10 to 18 minutes in severe cases of oxygen deprivation to prevent hypoxic-ischemic encephalopathy (HIE) and other irreversible brain injuries.

If doctors delay beyond the medically indicated timeframe, resulting in brain injury, it may constitute medical malpractice.

Fetal monitoring is used throughout labor and delivery to assess whether a baby is getting enough oxygen. Medical teams rely on fetal monitors to detect potential distress or signs that the baby is not receiving enough oxygen. By monitoring fluctuations in heart rate and other indicators, healthcare providers can quickly recognize if the baby is under stress and if any interventions are needed to prevent complications.

When fetal monitoring is conducted properly, it can be a lifesaving measure for the baby. An abnormal heart rate or changes in other monitored signs are often early indicators that a baby may be experiencing issues, such as oxygen deprivation or pressure on the umbilical cord. These alerts allow medical professionals to act swiftly—by repositioning the mother, administering fluids and oxygen, or, if needed, deciding to perform an emergency C-section. Properly reading and interpreting fetal monitoring data is essential to ensure that the baby’s health is protected throughout the labor process.

Unfortunately, there are cases where medical teams may miss, misinterpret, or fail to act on the signs of fetal distress. When this happens, the baby may endure prolonged periods of distress, leading to oxygen deprivation and, in severe cases, permanent injuries such as cerebral palsy or hypoxic-ischemic encephalopathy (HIE). 

Failing to respond to distress signals, delaying action, or neglecting to monitor the baby’s condition at regular intervals may constitute negligence. When such lapses result in injury to the baby, families may have grounds to pursue a birth injury claim, as medical professionals are responsible for upholding the standards of care that protect both mother and child during delivery.

Timely intervention is crucial when signs of fetal distress appear, as any delay may lead to a baby not getting enough oxgyen. Signs of fetal distress include:

• Meconium in amniotic fluid – Meconium, the baby’s first stool, is sometimes present in the amniotic fluid when a baby experiences stress during labor. It can signal oxygen deprivation, which must be addressed immediately.
• Changes in fetal heart rate – Abnormalities in fetal heart rate detected on fetal monitoring can indicate that a baby is in distress and not getting enough oxygen. Doctors and nurses must act quickly, whether through repositioning the mother, administering oxygen and fluids, or deciding to perform an emergency C-section.

Many critical situations can occur during labor and delivery that require an emergency C-section. Once recognized, the medical team must take immediate action to deliver the baby via C-section. The most common complications include:

• Fetal distress: Likely the most common indicator that an emergency c-section is necessary, fetal distress occurs when the baby experiences oxygen deprivation, which if not very quickly addressed, can lead to a form of brain injury called hypoxic-ischemic encephalopathy. Signs of fetal distress include meconium in the amniotic fluid, decreased fetal movement, and changes in fetal heart rate on the fetal monitor showing a baby is not getting enough oxygen.
• Placental abruption: Placental abruption occurs when the placenta separates prematurely from the uterine wall. When this happens the baby may not be  receiving adequate oxygen, so medical professionals must perform an emergency C-section to prevent brain injury.
• Uterine rupture: In cases of uterine rupture, the uterus tears during labor and delivery. A uterine rupture can lead to hemorrhaging and a lack of oxygen to the baby, so prompt delivery is needed.
• Cord prolapse: This happens when the umbilical cord exits the birth canal before the baby. Cord prolapse increases the chance of cord compression, in which the blood and oxygen supply to the baby is cut off. Prolonged cord compression can lead to permanent brain injury and therefore often necessitates an immediate delivery.
• Prolonged or arrested labor: Sometimes labor fails to progress, meaning that dilation of the cervix ceases and/or the head does not move down the birth canal. This can lead to infections and hemorrhaging in the mother, as well as oxygen deprivation and permanent brain injury in the baby. If labor is arrested, medical professionals must be prepared to move on to an emergency c-section.
• Placenta previa: a situation where the placenta covers the opening of the cervix, potentially leading to severe bleeding and resulting brain injury if C-section is not performed in time.

These injuries often result in lifelong challenges that affect the entire family’s daily life. Children with cerebral palsy or other motor and cognitive impairments may require specialized therapies, medical equipment, and ongoing medical supervision. The child’s need for assistance with mobility, communication, and learning can extend well into adulthood, meaning that a single delayed decision at birth may indefinitely affect a family’s life.

The impact of a birth injury goes beyond medical concerns, profoundly affecting a family’s emotional and financial well-being. Parents often face overwhelming emotions—grief, frustration, and even guilt—as they process the injury and adjust their expectations for the future. The emotional toll can strain relationships as parents work through their own healing while focusing on caring for their child. 

The financial burden of caring for a child with special needs is significant. The costs can quickly add up, from medical appointments to physical therapy, adaptive equipment, and specialized education. 

Many families adjust their career paths, move closer to specialized care facilities, or adapt their homes for accessibility. This financial strain can continue for decades, making it crucial for families to seek the support and resources they need to ensure their child’s quality of life.

If these injuries occur because medical professionals failed to uphold the standards of care, it is medical malpractice. If a delay in performing an emergency C-section contributed to your child’s injury, an attorney who understands your legal rights can help provide the resources needed to give your child the best possible care.

Some signs of a birth injury may appear soon after a baby is born, although they can vary widely depending on the type and severity of the injury. Common early signs to look for include unusual muscle tone, such as excessive stiffness or floppiness, and difficulty with movements like reaching, grasping, or rolling over. 

Seizures in infancy, which may present as subtle jerking or twitching, can also indicate a birth injury, as can feeding difficulties such as trouble sucking or swallowing. Parents may also notice delays in developmental milestones or differences in how their child responds to sounds, lights, or other stimuli.

While it’s natural to have questions or concerns about developmental milestones, recognizing early signs of a birth injury can allow parents to seek medical guidance sooner, opening up avenues for specialized care. Early intervention can include physical therapy, speech therapy, and other supportive treatments that can significantly affect a child’s development and quality of life. 

The earlier these therapies and support systems begin, the more they can help the child adapt and develop skills to navigate challenges. Seeking medical attention early on can provide valuable support for the child’s health and well-being, giving families a proactive path forward.

Our legal team at ABC Law Centers: Birth Injury Lawyers understands that pursuing a birth injury claim is about much more than compensation—it’s about holding negligent parties accountable and securing a future for your child. Our focus on birth injury law gives us a deep understanding of the medical and legal aspects involved, which allows us to approach each case with empathy and dedication.

We work with local counsel to help families nationwide seek justice. We take on these cases at no cost to you unless we secure compensation for you, allowing you to focus on your family during this challenging time.

Birth injury cases are among the most complex in personal injury law, as they demand a strong grasp of both legal processes and medical science. Successfully handling these cases requires a legal team skilled in interpreting complex medical records, understanding the standards of care in obstetrics, and recognizing how certain medical decisions can impact a baby’s health. 

Lawyers in this area need to have a solid understanding of conditions like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy, as well as the medical protocols and standards that medical professionals are expected to follow during labor and delivery. Without this blend of legal and medical knowledge, important details that could make a difference in the outcome may go overlooked.

Firms focusing on birth injury cases bring valuable experience in navigating the unique challenges these cases involve. At ABC Law Centers, we are familiar with medical terminology, common points of negligence, and the nuanced aspects of birth injury litigation, preparing us to handle cases with precision. 

This experience allows ABC Law Centers to anticipate and address the complexities that often arise, from coordinating expert medical testimony to demonstrating how specific lapses in care contributed to an injury. 

For families, working with a firm with this focused experience offers the reassurance that their child’s case is in capable hands. This allows them to focus on caring for their baby while their legal team advocates for justice and fair compensation.

Many families have questions about what to expect in a birth injury case. Here are answers to some common questions:

What kind of compensation can we expect in a birth injury case? 

Compensation varies by case but generally covers medical bills, ongoing treatment, therapy, and other necessary support to care for a child with a birth injury.

How long does a birth injury case take? 

Each case is unique, but we handle cases efficiently and will keep you informed at each step of the process.

What if we don’t live in a state where ABC Law Centers is licensed? 

Our firm works with local counsel in states where we are not licensed to ensure families nationwide have access to skilled legal representation for their birth injury cases.

How long do I have to file a birth injury lawsuit?

There is a statute of limitations for filing a birth injury case, but the time frame varies significantly depending on the state where the claim is filed. Typically, the statute of limitations for birth injury cases ranges from two to three years from the date of the injury. 

However, many states make exceptions for birth injury cases, extending the deadline because injuries to infants are often discovered months or even years later.

Consult with a birth injury attorney familiar with the laws of the specific state where the case would be filed. Missing the statute of limitations can prevent families from seeking compensation for medical malpractice, so prompt legal consultation is advised to understand the applicable timeline.