This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- September 27, 2024
The birth of a baby is a joyous occasion. Unfortunately, some parents and babies face serious birth injuries caused by mistakes during C-sections, otherwise known as Cesarean sections. These injuries can have long-term consequences that impact the whole family.
The legal team at Brown & Crouppen is committed to providing top-tier legal representation to victims of medical malpractice that leads to birth injuries, including C-section injuries. Our firm was recognized as the Best Law Firm in St. Louis by the St. Louis Post-Dispatch. When you entrust us with your case, you can rest assured that you are receiving the highest-quality legal representation available.
Our C-section birth lawyers in St. Louis and Kansas City have the skills and experience needed to help you demand the full and fair compensation you are entitled to by law. Call (800) 536-4357 or fill out our online contact form to schedule a free consultation with a skilled birth injury attorney.
- Can You Sue for Medical Malpractice for a C-Section?
- Why Hire an Attorney for a C-Section Lawsuit?
- Types of C-Section Injuries
- Failure To Perform a C-Section
- C-Section Errors
- How To Prove a C-Section Malpractice Claim
- C-Section Statute of Limitations in Missouri
- Types of Compensation Available in a C-Section Lawsuit
- Call Our C-Section Lawyers in Missouri for a Free Consultation
Can You Sue for Medical Malpractice for a C-Section?
A C-section is a surgical procedure involving an incision in a mother’s abdomen to deliver a baby. C-sections often occur when vaginal delivery is considered unsafe or is not possible. While some C-sections are planned, others are emergency procedures that are medically necessary when the child or mother is in distress.
If you suspect mistakes were made during your C-section or you were not informed of the risks and you or your baby were injured as a result, you may qualify to bring a C-section malpractice lawsuit against the responsible healthcare professionals or facility.
Why Hire an Attorney for a C-Section Lawsuit?
A C-section lawsuit can be complex and often involves multiple parties, which can make the process overwhelming for new parents. Insurance companies and legal teams representing healthcare providers may use confusing tactics, even making you believe they’re on your side. However, they could minimize the value of your claim and pressure you to accept far less compensation than your family deserves.
When you work with our experienced legal team in St. Louis or Kansas City, Missouri, we level the playing field against healthcare providers and their insurers. We offer the following services:
- Case evaluation – Assessing the circumstances of your C-section case to determine if medical malpractice has occurred.
- Legal representation – Advocating for your rights and interests throughout the legal process.
- Investigation and expert consultation – Conducting a thorough investigation to gather evidence and consulting with medical experts to assess the standard of care.
- Negotiation – Skillfully negotiating with insurance companies and opposing counsel to secure a fair settlement.
- Trial preparation – Preparing your case for trial, including drafting legal documents and preparing witnesses.
- Courtroom advocacy – Representing you in court proceedings and presenting evidence on your behalf.
- Compensation pursuit – Seeking full and fair compensation for your damages, including medical expenses, pain, and suffering.
- Client support – Providing compassionate support and guidance to you and your family throughout the life of your case.
With more than 40 years of experience handling medical malpractice cases in Missouri, we provide award-winning legal support and advocacy to help victims seek justice and accountability. We have recovered more than $1 billion in life-changing settlements and verdicts for our clients, including a $525,000 award to a mother who had a sponge left inside of her body during a C-section procedure.
Types of C-Section Injuries
While nearly one-third of all births in the United States are C-section deliveries, the procedure is still considered a major surgery with substantial risks. Potential medical errors during a C-section delivery include the following:
- Fetal lacerations to the baby’s face or body
- Severe maternal blood loss
- Maternal blood clots
- Infections at the incision site
- Maternal bladder injuries
- Injuries to the mother’s bladder, bowels, or other internal organs
- Injuries caused by anesthesia errors
These C-section injuries can range from minor to severe and can cause lasting emotional trauma for victims and their families. Speak with our skilled C-section malpractice lawyers in St. Louis and Kansas City right away to learn about your legal rights and how you can move forward with a medical malpractice lawsuit.
Failure To Perform a C-Section
Although errors can happen during a C-section, a doctor’s failure to perform a C-section when necessary can also have devastating results. When a doctor does not recognize the need for a C-section, fails to perform the procedure, or delays the C-section, various types of injuries can occur. These include:
Brachial Plexus Injuries
When a baby’s shoulders become impacted during a vaginal delivery, the brachial plexus may stretch or tear as the baby is born. Brachial plexus injuries can lead to:
- Temporary nerve damage
- Reduced sensation in the arms, hands, and wrists
- Permanent paralysis
- Erb’s palsy
- Klumpke’s palsy
Cerebral Palsy
Reduced oxygen and blood flow to the baby before and during birth can lead to a type of motor disability known as cerebral palsy. In some cases, failing to perform a C-section when the baby is in distress can lead to serious motor function loss, intellectual disabilities, and other symptoms associated with cerebral palsy. If you believe that medical negligence during childbirth contributed to your child’s condition, you may want to consider filing a cerebral palsy lawsuit to seek compensation for the care and support your child will need.
Hypoxic Ischemic Encephalopathy
Hypoxic ischemic encephalopathy is another kind of brain injury that can happen during birth when there is a lack of oxygen flowing to the baby’s brain. HIE may occur when a doctor does not perform an emergency C-section or delays the procedure too long.
Wrongful Death
Failing to perform a C-section can also lead to fatal consequences for families. C-section wrongful death cases are heartbreaking and complex, requiring a thorough investigation and expert legal representation to determine liability and pursue justice for the victim’s family.
If you’ve lost a loved one due to a C-section-related death, seeking guidance from experienced medical malpractice attorneys can help you navigate the legal process and hold responsible parties accountable for their actions.
C-Section Errors
Expecting mothers trust their doctors to provide the highest level of care when delivering babies. Unfortunately, C-section errors do happen and often cause irreversible harm to mothers and babies.
C-Section Errors Affecting Mothers
Common C-section errors that cause injuries to a mother include:
- Damaging the bladder with the abdominal incision
- Failing to administer the correct amount of anesthesia
- Not monitoring the mother properly for infections after the procedure
- Failing to stop excessive bleeding during or after the C-section
- Improper disinfecting or scrubbing techniques
C-Section Errors Affecting Babies
Newborns can also suffer serious injuries when a doctor or other medical professional is negligent during a C-section procedure. Mistakes that can harm babies include:
- Failing to monitor the baby’s vitals during labor
- Making the C-section incision too deep, causing fetal lacerations
- Delaying a C-section procedure when the baby is in distress
- Improper disinfecting or scrubbing techniques
How To Prove a C-Section Malpractice Claim
Proving medical malpractice in a birth injury lawsuit typically involves demonstrating that the healthcare provider breached the standard of care in their profession and specialization, resulting in harm to the mother or baby. Important steps in C-section lawsuits include:
- Obtain Medical Records – Gather all relevant medical records, including prenatal care, labor, delivery, and postnatal care records.
- Establish Standard of Care – Determine the standard of care that should have been provided under similar circumstances. This is usually based on accepted medical practices and protocols.
- Consult Medical Experts – Seek opinions from qualified medical experts in the same field as the defendant. They can review medical records and testify about whether the care provided fell below the accepted standard.
- Identify Breach of Standard of Care – Show how the healthcare provider deviated from the standard of care. This could include errors in prenatal monitoring, failure to recognize fetal distress, improper use of delivery tools, or delayed emergency interventions.
- Document Injuries – Provide medical evidence documenting the extent of the birth injury and its impact on the mother and child. This may include medical reports, diagnostic tests, and expert opinions.
- Causation – Establish a causal link between the healthcare provider’s negligence and the birth injury. It must be shown that the negligence directly led to the harm suffered by the mother or baby.
- Present Evidence – Present the evidence gathered during the investigation in settlement negotiations and court.
Proving medical malpractice in a birth injury case can be complex and challenging. Consulting with an experienced medical malpractice attorney and obtaining expert opinions are crucial steps in building a strong case.
C-Section Statute of Limitations in Missouri
The medical malpractice statute of limitations in Missouri is generally two years from the date the malpractice occurred or should reasonably have been discovered. Though there may be exceptions, it is best to consult with an experienced Missouri medical malpractice attorney before relying on them. Failure to file your claim before the correct deadline will result in your case being dismissed in court.
Types of Compensation Available in a C-Section Lawsuit
If you or your baby were hurt by a negligent medical professional during a C-section, you may be entitled to economic and non-economic damages. While economic damages compensate for your financial losses, non-economic damages compensate for the more intangible aspects of your injuries and losses. Together, these compensatory damages may cover:
- Medical bills
- Cost of future medical care
- Lost wages
- Loss of future earnings capacity
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Wrongful death
Call Our C-Section Lawyers in Missouri for a Free Consultation
At Brown & Crouppen Law Firm, we believe everyone deserves access to the best legal representation possible. In the words of founding partner Andy Croupen, “We focus not on big cases, not on little cases, but on people because we need to do the best job we can for everyone.” Because we believe in carrying out this mission both in and out of the courtroom, we also strive to give back to the community we serve.
There are no upfront costs to work with our attorneys, and you pay nothing unless we win your case. Call (800) 536-4357 or contact us online to schedule a free consultation with our skilled St. Louis and Kansas City birth injury attorneys. We will explain your rights and discuss how we can help you navigate the legal complexities of your C-section lawsuit.
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- September 27, 2024
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