Can I sue if my baby was hurt because of a delayed C-section?

Expecting parents place their trust in health care professionals to ensure the safe delivery of their baby. While most deliveries occur without complications, some unfortunate instances involve medical negligence or malpractice. One such situation is when a delayed C-section results in harm to the newborn. The experienced Kansas City medical malpractice lawyers at Fowler Pickert Eisenmenger Norfleet can help prove your case to recover the justice and compensation you deserve.

When a Delayed C-Section May Be Medical Malpractice

A cesarean section, or C-section, is a surgical procedure performed to deliver a baby through the mother's abdomen and uterus. In some cases, a C-section may be medically necessary to ensure the safety and well-being of both the mother and the baby. Delays in necessary procedures, such as performing a C-section, can lead to serious complications and, in some instances, permanent harm to the baby.

A delayed C-section can cause severe birth injuries and may be considered medical malpractice. Examples of when a C-section would be required include the following.

To Monitor Fetal Distress

It’s the health care provider’s responsibility to monitor the baby's heart rate during labor. If there are signs of distress, such as an abnormal heart rate or decreased movement, a C-section may be necessary. Failure to respond promptly to these signs can lead to injuries or complications.

Uterine Rupture

In cases where the mother had a previous C-section, there’s a risk of uterine rupture during labor. Delayed recognition and treatment of a uterine rupture can be life-threatening to both the mother and the baby.

Placental Abruption

If the placenta separates from the uterine wall before delivery, this may cause serious complications for the baby. A delayed C-section in such cases results in oxygen deprivation and brain damage.

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Kansas City Medical Malpractice Statute of Limitations

When medical malpractice occurs during childbirth and harms a baby, it's important to understand the time limits known as the statute of limitations for filing a medical malpractice claim.

In Kansas City, the statute of limitations is generally two years from the date of the malpractice or the date the parents or guardians knew or should have known that the malpractice occurred. It's crucial to consult with an experienced medical malpractice attorney to determine the specific time frame applicable to your case.

What You Need to Do to Sue for Medical Malpractice

Suing for medical malpractice, especially in cases involving childbirth and delayed C-sections, is legally complex. To pursue a successful claim, several key steps are required.

Gather Evidence

You need to collect medical records, expert opinions, and any other relevant evidence to demonstrate that medical negligence or malpractice occurred. Your lawyer plays a critical role in helping you secure this evidence.

Consult an Experienced Medical Malpractice Lawyer

Medical malpractice cases are intricate, and having an attorney with expertise in this area, like the professionals at Fowler Pickert Eisenmenger Norfleet, is essential. They assess the viability of your case, guide you through the legal process, and ensure your legal rights stay protected.

File a Lawsuit

With the assistance of your legal counsel, you’ll need to file a lawsuit against the health care providers responsible for the delayed C-section. This is the formal process of initiating legal action.

Negotiation and Trial

Your attorney then strategizes to negotiate a settlement with the defendant's insurance company or take your case to trial if a fair settlement cannot be reached. Throughout this process, your legal representative fights for the compensation your child deserves.

Wrongful Shooting Verdict

Disinheritance Claim

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Why It's Important to Pursue a Medical Malpractice Case

A medical malpractice case isn’t just about seeking justice—it also helps secure a better future for your child. The damages and compensation that can be awarded in such cases profoundly impact your child's life. Possible damages in a medical malpractice case related to a delayed C-section may include the following.

Medical Expenses

This compensation covers current and future medical costs associated with the injuries suffered during the delayed C-section.

Rehabilitation and Therapy

If your child requires ongoing therapy or rehabilitation, the case settlement should include these expenses.

Pain and Suffering

Your child may be entitled to compensation for the physical pain and emotional suffering they endure due to the injuries.

Lost Earning Capacity

In severe cases, injuries resulting from a delayed C-section may affect your child's ability to earn a living in the future. The awarded settlement should account for this potential loss.

Loss of Quality of Life

Ultimately, pursuing a medical malpractice case aims to improve your child's quality of life by providing the necessary financial resources to access the care and support they need

Do You Believe You Or A Loved One Have Experienced Medical Malpractice? Speak With A Kansas City Area Medical Malpractice Lawyer Today

If you or a loved one are victims of medical negligence or malpractice, it's critical that you contact an experienced Kansas City medical malpractice lawyer right away. You’ll need to show a number of things to prove that malpractice was the direct or proximal cause of your injuries. Please feel free to contact us online or call our office directly at 888.813.0825 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.

Spencer Eisenmenger

Spencer Eisenmenger

Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.