Denver C-section Delay Attorneys
Lawyers in Denver Advocate for Victims of Delayed C-Sections
Bringing a human into the world can be an amazing, wonderful experience — and labor and delivery hospitals in Dever, like Rose Medical Center and Sky Ridge Medical Center, understand this. But childbirth can be dangerous for both a mother and the child. When this is the case, a competent medical team should step in and decide to perform a cesarean section, commonly referred to as a C-section, to prevent birth injuries.
An emergency C-section can be a lifesaver. But sometimes, a physician doesn’t perform a C-section promptly. This may be negligence due to lack of experience, lack of equipment, or some other reason. A delayed C-section can lead to serious health consequences or even death for the mother, baby, or both.
If you or your child was injured due to a delayed C-section, it’s crucial to speak with an experienced Denver obstetrical malpractice attorney to discuss your legal rights and options. We can review your medical situation, and if we determine you have a case, we can fight to get you the compensation you deserve.
Contact top-rated legal firm Leventhal Puga Braley P.C. at (303) 759-9945 today for a consultation at no charge.
What Is a C-Section?
A Cesarean section, or C-section, is a surgical procedure used to deliver a baby through incisions in the mother’s abdomen and uterus. It’s often performed when a vaginal delivery would put the baby or mother at risk. This could be due to health concerns, pregnancy complications, or labor difficulties.
Unlike a vaginal birth, a C-section is a major surgery and requires a longer recovery period for the mother. The procedure should be carefully considered and may be planned if known risk factors are present, but it can also be performed in emergency situations where quick action is critical for the safety of both mother and child.
When Does a C-Section Become Necessary in Denver?
A natural birth? Induced birth? A scheduled C-section? A doctor should be able to assess a pregnancy in the late stages to decide what’s best for the mother and the baby. For example, if the child’s head seems too large to fit through the mother’s pelvis (cephalopelvic disproportion), a C-section could prevent the baby from getting stuck, saving the child from oxygen deprivation. However, a C-section becomes necessary when circumstances arise that make vaginal delivery too risky.
During every childbirth, doctors and nurses must remain on guard for dangerous complications and be ready to perform an emergency C-section if that’s what is necessary to get the baby out safely and protect mom.
It’s crucial for healthcare providers to assess each situation and decide on a C-section only when it’s the safest option for the mother and child. Here are some common reasons an emergency C-section might be the best course of action:
- Fetal Distress: When the baby’s heart rate drops too low or stays low for a prolonged period of time. This can cause fetal distress.
- Uterine Rupture: This happens when the uterus tears during delivery.
- Prolonged Labor: Sometimes, the cervix does not dilate enough, and labor doesn’t progress, potentially putting the baby may be in danger of oxygen deprivation.
- Placenta Previa: This occurs when the placenta is too low in the uterus, covering the cervix. If untreated, it can lead to hemorrhaging in the mother.
- Cord Prolapse: This happens when the umbilical cord comes out before the baby does. The cord can then be compressed as the baby travels down the birth canal, cutting off the baby’s supply of oxygen. It can result in brain damage or even stillbirth.
- Breech Birth: This is when the baby is positioned to come out feet first.
What Are the Possible Outcomes of a Delayed C-Section?
As mentioned previously, a delayed C-section can result in serious harm to both the baby and the mother. Here are some common consequences of a delayed C-section:
- Brain Damage: Everyone needs to breathe to remain healthy, and oxygen deprivation is a major concern during childbirth. If the airflow is delayed for too long, it can result in serious consequences for the baby that could last a lifetime.
- Hypoxic-Ischemic Encephalopathy (HIE): Also known as neonatal encephalopathy, this is a possible result of natal oxygen deprivation. The permanent loss of brain cells may cause a lifetime of problems, including impaired cognitive ability, seizures, and inhibited motor function.
- Cerebral Palsy: This degenerative medical condition can result from a lack of oxygen during childbirth. There’s no cure for this disability, which causes severe physical, cognitive, and intellectual issues and requires a lifetime of special care.
- Brachial Plexus Injuries: Also known as Erb’s palsy or Klumpke’s palsy, depending on whether the upper or lower nerves are affected. The brachial plexus is a network of nerves that conducts signals from the spine through the shoulder and all the way down to the fingers. Injuries to the brachial plexus can result from mishandling during birth, and they frequently occur during delivery when these nerves can be stretched or torn.
- Shoulder Dystocia: A rare but dangerous complication when the baby’s head emerges, but the shoulder is physically stuck on the mother’s pubic bone. Once this happens, it’s too late for an emergency C-section, and the baby can suffer damage to the brachial plexus nerve cluster while the doctor tries to tug them out, often causing the loss of functionality in the arm.
A Needlessly Delayed C-Section in Denver May Be Medical Malpractice
In legal terms, medical malpractice occurs when a healthcare professional breaches their duty of care to a patient, resulting in harm.
Duty of care means that medical professionals are obligated to adhere to a standard of reasonable care while performing any acts that could foreseeably harm patients. A breach of this duty occurs when the standard of care is not met. Causation links the breach directly to an injury or harm, meaning the delay must directly cause the complications experienced in a malpractice claim.
Damages refer to the actual harm or injury sustained by the patient, which can include physical, emotional, or financial consequences. It’s not enough for a C-section to have simply been delayed – the delay must be shown to have resulted in injury or harm that would not have occurred otherwise.
An entire team of medical professionals is tasked with keeping both mother and baby safe during childbirth. If the medical team is not properly trained, if their equipment is lacking, or if, for any other reason, the doctor or nurses fail to act in a timely manner during childbirth, it may be considered an act of negligence resulting in medical malpractice.
If an obstetrician (OB/GYN) declines to call for a C-section in a timely manner, the effects can be catastrophic or even fatal for the mother or the child. In these cases, the law provides you with the right to pursue just compensation.
Common Causes of Delayed C-Sections
Medical negligence is a major factor in delayed C-sections, often stemming from a failure to adequately monitor fetal distress or recognize the urgency of a situation. Miscommunication among medical staff is another common issue, leading to critical delays in decision-making or the execution of a C-section.
Systemic issues within healthcare facilities can also contribute to these delays. For example, limited availability of operating rooms, staffing shortages, and administrative inefficiencies create an environment where delays are more likely to occur.
Diagnostic errors, such as the misinterpretation of fetal heart rate monitors, can further delay the recognition of distress and the subsequent decision to proceed with a C-section. Delayed diagnosis during labor can also cause complications such as a prolapsed umbilical cord or placental abruption, and it can also lead to delayed surgical intervention.
Risks to Mothers Associated with Delayed C-Sections
Delayed C-sections can lead to various complications for the mother, which may include an increased risk of infection due to prolonged labor or rupture of membranes. Hemorrhaging is another serious risk, as delays can lead to uterine atony, where the uterus does not contract properly after delivery, resulting in heavy bleeding.
The risk of uterine rupture escalates with prolonged labor, particularly if there’s a history of C-sections or uterine surgery. These complications can have long-term health implications for the mother, including the potential for future fertility issues and life-threatening situations that require emergency medical intervention.
The repercussions of delayed C-sections may extend far beyond the immediate dangers. For the mother, the long-term impact might include chronic pelvic pain, increased likelihood of additional surgical interventions, and potential challenges with future pregnancies. Psychological effects, such as post-traumatic stress disorder (PTSD) or postpartum depression, can also arise from traumatic birthing experiences.
Steps to Take if You Suspect C-Section Medical Malpractice
The first thing you’ll want to do is consult with the experienced Denver C-section delay malpractice attorneys at Leventhal Puga Braley P.C. We can investigate your case and file a claim or lawsuit against anyone whose negligence contributed to injuries suffered by you or your child.
When pursuing a claim for a delayed C-section, gathering comprehensive medical evidence is a fundamental step. This process includes obtaining all relevant medical records, such as prenatal care documentation, labor and delivery notes, and postnatal care records. These documents can provide a timeline of events and highlight where deviations from standard care may have occurred.
It’s also essential to secure the nursing logs, as they often contain real-time observations that can be critical in establishing a case. Obtaining fetal monitoring strips can further offer insights into the baby’s condition during labor and may indicate whether appropriate actions were taken in response to signs of distress.
Expert testimony is also pivotal in a delayed C-section claim, as it helps to interpret medical evidence and establish the standard of care at the time of the incident. Medical experts, often experienced obstetricians, review the details of the case to determine whether the actions of healthcare providers were appropriate under the circumstances. A medical expert’s testimony can also explain complex medical terms and procedures to a jury in a clear and understandable way.
Contact Our Top Denver C-Section Delay Lawyers for Legal Support
If there was a delay in performing a C-section that resulted in injury to you or your baby, call Leventhal Puga Braley P.C. Our experienced Denver delayed C-section attorneys know how complicated medical malpractice can be, and we can fight for you and your child’s rights. As parents and nationwide leaders in birth injury litigation, we know what to do.
If you believe your doctor was negligent, please don’t wait. Contact us today at (303) 759-9945 for a no-charge initial consultation.
