Childbirth Malpractice: Can I Sue a Doctor for an Unnecessary C-Section?

Though we all hope for a good outcome when we go into a hospital to have a baby, injuries are not as uncommon as we tend to believe. There are a wide array of injuries that can occur to the baby and the mom, and, depending on the circumstances, it may be necessary to sue the doctor whose negligence caused the injury. While there are times that injuries or birth defects are simply an act of God, it has been estimated that of every 1,000 births in the U.S., about 6 result in moderate to severe injuries to the baby. Cesarean Sections bring their own set of problems and injuries, and while some c-sections are medically necessary for the baby or the mother, others are done as a matter of course. 

Is a Cesarean Section Medically Necessary?

A C-section could become necessary if the baby is in distress, or the umbilical cord has become constricted. If the mother has had an extremely prolonged labor, or shown little progress, the doctor may also decide to take the baby via a cesarean section. Unfortunately, C-section rates have reached an all-time high in the United States despite the fact that it is considered major abdominal surgery and carries a risk of infection, hemorrhage, organ damage, complications from anesthesia or the necessity for a blood transfusion. 

One reason for the huge increase in Cesarean sections relates to the fact that the most common malpractice action taken against doctors is failure to perform a C-section. The American College of Obstetricians and Gynecologists issued new guidelines which requires OB/GYN doctors to be "readily available," meaning they are not even allowed to leave the vicinity of the patient in order to see other patients or attend to their business. Because of this, many doctors now choose to "speed up the process," by performing a short C-section surgery. 

The Cost and Aftermath of a C-Section

A typical C-section costs more than twice as much as a vaginal delivery, increases the risk of maternal death, and can cause long-term medical problems for the mother. At this point more than one-third of all babies are born via C-section, adding incredible costs to our nation's already over-burdened health care system. After a cesarean section the mother may experience heavy bleeding, infection, or a blood clot in the legs or lung, and also has an 18 in 100,000 of not surviving the surgery at all. The long-term risks of C-sections include placenta previa, placenta increta or placenta percreta, all of which cause the placenta to grow deeper into the uterine wall, leading to severe bleeding and the possibility of a hysterectomy. 

Getting the Legal Help You Need

If you feel your C-section was unnecessary, leading to moderate or severe complications, you may have been subject to medical negligence or malpractice, meaning your doctor failed to use the degree of skill and care that would be used by a reasonable medical professional under similar circumstances. If medical negligence following an unnecessary C-section was responsible for either injuries or harm to yourself or your baby you could be able to sue for damages. A malpractice lawsuit can be complicated and you will need to meet with an attorney who is experienced in these type of cases.