Is My C-section Injury Due to Medical Malpractice?

c-section injury hospital

The birth of your child should be one of the most exciting days of life. This is why it is unfortunate if this is diminished by a C-section injury. Continue reading to learn whether your or your infant’s injury is due to medical malpractice and how one of the experienced New York City C-section injury attorneys at Mark L. Bodner, P.C., can explore your legal options.

When is an emergency C-section necessary?

First, it is important to know whether your C-section was necessary. When you are in the delivery process, the present medical professional is responsible for closely monitoring you and your infant so that they can act accordingly in the event of an emergency. In the end, if the medical professional neglected to decide that an emergency C-section was necessary, you and your infant may have sustained severe birth injuries.聽The following are examples of emergencies in which a C-section must be ordered:

  • Fetal distress: this is when your infant is not receiving enough oxygen during the delivery process. Signs of fetal distress include your having high blood pressure or your infant exhibiting decreased movement.
  • High-risk birth: Signs of high-risk birth include your having small stature with your infant being upward of 10 pounds, or otherwise your inability to safely deliver your infant on her own.
  • Your infant is in a breech or transfer position.

Does my C-section injury constitute a medical malpractice claim?

If your trusted medical professional fails to notice and respond properly to the warning signs of an emergency C-section, or if they otherwise deviated from accepted standards of medical care during your C-section delivery, then you may have a valid medical malpractice claim on your hands. That said, below are C-section complications that are commonly brought forward in a lawsuit:

  • Injuries to the mother.
  • Fetal distress.
  • Lack of oxygen to an infant’s brain.
  • Brachial plexus injuries, which can lead to severe nerve damage.

All in all, if you or your infant experienced any of the above C-section injuries that could have been avoided if you were under the care of a reasonable medical professional, then you must fight for the compensation that you require to heal.

What is the deadline for filing a medical malpractice claim?

Sometimes, C-section injuries may not be immediately obvious after childbirth but rather take some time to surface. However, you still only have a limited time to bring your medical malpractice claim forward. Specifically, the statute of limitations in New York State is usually 2.5 years from the time of your C-section injury. However, the sooner you bring attention to your case, the better because over time, records can be lost, memories can fade, and overall, evidence can disappear.

If you have any further questions, pick up the phone and talk to a skilled New York City medical malpractice attorney today.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process.聽Contact聽us聽today.