What Happens When a C-Section Is Delayed or Avoided?

A Cesarean section, often called a cesarean delivery, cesarean birth or just “C-section” for short, is a major surgery conducted to deliver a child by a surgical incision made through the mother’s abdomen and uterine wall. 

Like other surgical procedures, C-sections should only be performed on pregnant women when medically necessary. However, there are times when a vaginal delivery is too risky, and a C-section is necessary as an emergency measure to prevent injury to the mother and infant; they account for almost 20% of births in the United States.

When there is a failure to perform a C-section when it is supported by an accurate diagnosis, it can cause an increased risk of personal injury to the mother or birth injury to the infant. Victims may have the right to recover damages for injuries and losses through a medical malpractice lawsuit in these cases.

In this short guide, you’ll learn what C-sections are, when they’re necessary, what can happen when they aren’t pursued in a timely manner, and how you can get help.

Understanding C-Sections: When Are They Necessary?

C-sections are considered necessary when either the mother or baby are facing threatening conditions. Hospital procedures may require that C-sections be performed in all of the following situations. 

The Labor Is Not Going As Expected

If labor isn’t going normally for either the mother or the baby, hospital procedures, doctors, or patients may insist on a C-section for patient safety. 

Some physical signs may point to danger for the mother. For example, if the cervix is taking too long to dilate, there may be high risk to the mother if a C-section is not performed before the birth begins.  

The labor can also go wrong because the baby does not enter the birth canal properly. This can cause serious and urgent problems, including breech births, and transverse births that can be treated with a C-section. 

Fetal Distress

If tests show that the baby is experiencing agitation, including rapid heartbeat or other symptoms, it may be necessary to free the baby for care as soon as possible. 

Most hospital systems recommend that these procedures be performed to protect the baby when diagnostic tests confirm that it is necessary. Misdiagnosis or delayed diagnosis can result in serious harm to the mother or baby.

More Than One Baby Is Being Born

When twins, triplets, and other combinations are being born, a C-section may be necessary over a vaginal birth to ensure a safe delivery. 

These births are typically only safe when the babies both have their heads pointed downward toward the birth canal. Otherwise, guidelines may recommend a C-section. Failure to perform the C-section may result in injury.

The Mother Has a Health Condition

C-sections may be recommended in cases where the mother has medical conditions such as heart conditions (heart disease), cancer (such as lung cancer), high blood pressure, or others that affect the ability to handle the strain of a birth. If the mother had a C-section previously, healthcare providers may recommend it for future pregnancies.

This is only a short list of the reasons that a C-section may be necessary. Health care providers are expected to monitor each patient’s condition and follow each diagnostic process closely to avoid human error or medical misdiagnosis.  

Legal and Ethical Responsibilities of Healthcare Providers

As with all medical malpractice cases, a strict standard must be met in order to qualify as medical negligence. Hospitals systems maintain standards for when C-sections should be performed. When a “reasonable standard of care” is not met while refusing to perform a C-section, a victim may be able to sue for surgical error. 

Even if an OB/GYN recognizes that a C-section is necessary in a timely manner, the doctor still has a duty to perform the surgery in a non-negligent manner. Unfortunately, medical errors are sometimes made, which can result in serious injuries or even death.

Possible Consequences of Refused C-Sections

The personal injury risks for a refused C-section include:

• Pulmonary embolism
• Wound infection
• Blood loss
• Hemorrhage
• Uterine rupture
• Damage to the abdominal wall
• Bleeding and internal organ damage
• Nerve damage
• Blood clots
• Lacerated bowels or other internal organs
• Lung and heart complications

The birth injury risks include:

• Broken bones
• Oxygen deprivation
• Lacerations

These complications can create lifelong medical issues or even result in death for the mother or infant. An extended period of oxygen deprivation is particularly dangerous for infants who may experience permanent brain damage, injury to the cardiovascular and respiratory systems, digestive organs, kidneys and more.

Failure to perform a C-section can also cause developmental damage. Some symptoms are immediately noticeable, while others do not present until later when the infant fails to develop normally. Common brain damage symptoms include:

• Unusual reactions to stimuli and interactions: Examples include refusing nourishment and extreme crying or high-pitched wailing.
• Abnormalities in physical appearance: Note that physical appearance symptoms are not always apparent when an infant has brain damage. Examples include difficulty focusing their eyes, unusually small skull, abnormally large forehead, deformed spine or facial features.
• Developmental delays: When an infant or toddler does not crawl, walk, talk or swallow appropriately for their age a parent may wish to seek the advice of a physician to determine whether the physical delays are abnormal and associated with brain damage. Keep in mind that infants and toddlers develop at their own pace and in most cases, delays are not related to brain damage.

Several developmental disorders are associated with this medical failure, including cerebral palsy.

Discuss Your Case with a Seattle Professional Today

If you were refused a C-section that could have prevented harm to you or your baby, you may be entitled to compensation. Hospitals and doctors are supposed to perform these procedures when they are necessary, and if they violate their own guidelines to refuse, you have the right to pursue justice for the incorrect diagnosis.

As Seattle’s malpractice lawyers, we can help you when you have been injured by a failure to perform a C-section. Contact us now using our medical malpractice contact form to find out if we can help you. If our team may be able to help you, you’ll be invited to a free, no-obligation consultation where you can get answers to your questions.