Is My C-Section Complication a Case of Medical Malpractice?

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In the unfortunate chance that medical professionals fail to notice or respond properly to warning signs or otherwise deviate from accepted standards of medical care during the C-section delivery process, the mother and infant can suffer severe birth injuries. These injuries may not be initially obvious and may appear sometime after childbirth. Read along to learn the most common signs of C-section injury, and how an experienced New York City C-section injury attorney at Mark L. Bodner, P.C. can help you analyze if you have a medical malpractice case on your hands.

When should a doctor perform an emergency C-section?

During the delivery process, medical professionals are required to closely monitor the child and the mother so they can act accordingly in case an issue arises. The following are common cases in which the medical professionals should decide to perform an emergency C-section:

  • Fetal distress: or, when the baby does not receive enough oxygen. Signs include the mother having high blood pressure or decreased movement of the baby.
  • High-risk birth: signs include the baby being upward of 10 pounds and the mother being of smaller stature or otherwise unable to safely deliver the baby on her own.
  • The baby is in a breech or transfer position.

Is my C-section injury due to medical malpractice?

Failure to closely monitor the mother and child and neglecting to decide that an emergency C-section is necessary may result in the mother and infant suffering severe birth injuries. The most common birth injuries include injuries to the mother, fetal distress, and lack of oxygen to the baby鈥檚 brain. Also, brachial plexus injuries commonly occur, which happens when the baby鈥檚 shoulders are too wide and they get stuck in the birth canal, which leads to serious nerve damage.

If you or your child experienced any of the above C-section injuries that could have been avoided if the medical professionals provided appropriate care, a skilled New York City birth injury attorney can help you fight for your medical malpractice case.

When should I file my medical malpractice claim?

In the state of New York, the statute of limitations for a medical malpractice claim is 2.5 years from the time of birth injury. However, taking early action may better your case, as over time, records can be lost, memories can fade, and evidence can disappear.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.