Delayed Cesarean Section Injuries

Many women begin labor with the anticipation that they will deliver their children. In some instances, though, situations can arise that require an immediate cesarean section. Sadly, however, medical professionals often fail to recognize signs of fetal distress or other emergency conditions requiring immediate surgical intervention, and cesarean sections do not occur at the appropriate time. Sadly, a delayed cesarean section can cause severe birth injuries, developmental disabilities, and life-altering complications that affect entire families. If your child suffered delayed cesarean section injuries, you should speak with an attorney regarding what steps you can take to protect your child’s interests. At DeFrancisco & Falgiatano Birth Injury Lawyers our experienced Syracuse birth injury attorneys understand the complex medical and legal issues surrounding delayed cesarean sections, and if we represent you, we can craft compelling arguments to help you seek the compensation you deserve. We regularly represent people in birth injury lawsuits in Syracuse, Rochester, and throughout Upstate New York.

Generally, patients expect hospitals to be capable of beginning a cesarean section promptly after determining its necessity. In cases of severe fetal distress or other critical emergencies, this intervention often needs to happen as quickly as possible. Modern medical technology, including fetal heart rate monitors and other diagnostic tools, provides healthcare providers with the means to identify potential complications requiring emergency C-sections. When these warning signs are ignored or response times are inadequate, healthcare providers may be held liable for resulting injuries.

When healthcare providers fail to promptly recognize and respond to signs of fetal distress, placental abruption, uterine rupture, or other emergency conditions, precious minutes are lost that can mean the difference between a healthy birth and a devastating injury. The consequences of a delayed cesarean section can be severe and long-lasting, potentially resulting in conditions such as cerebral palsy, hypoxic-ischemic encephalopathy, brain damage, or developmental delays.

Under New York law, families affected by delayed cesarean section injuries have the right to pursue compensation through birth injury lawsuits. To succeed in such cases, the plaintiff usually must establish the defendant’s negligence. To do so under New York law, first, they must demonstrate that the defendant owed them a duty of care, which arises out of the doctor-patient relationship. They then must prove that the provider breached this duty by failing to meet the applicable standard of care or what is considered the good and accepted practice of medicine. This might involve showing that warning signs were missed, proper monitoring wasn't conducted, or there were unnecessary delays in performing the procedure.

Next, the plaintiff must establish that this delay directly caused injury to the child. Finally, they must prove the actual damages resulting from the delayed procedure. Expert testimony from qualified medical professionals is crucial in cases arising out of delayed cesarean section injuries, as it can help establish the standard of care and how the defendant’s delay constituted a deviation from this standard.

Recoverable damages in delayed cesarean section cases can be substantial, including both economic and non-economic compensation. Economic damages cover past and future medical expenses, rehabilitation costs, specialized equipment, therapeutic interventions, and lost wages for family members who must leave work to provide care. Non-economic damages compensate for pain and suffering, emotional distress, and diminished quality of life.

Delayed cesarean section injuries can cause lifelong physical detriments and frequently lead to emotional and financial harm as well. If your family has suffered due to a delayed cesarean section, it is critical to understand your options, and you should contact an attorney to learn how you can help protect your family's future. The skilled Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers understand the devastating physical, emotional, and financial toll birth injuries take on families, and if we represent you, we will fight to help you seek compensation for your losses. We routinely represent families in the pursuit of damages in birth injury lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To arrange a confidential and free meeting, you can contact us through our online form or by calling us at 833-200-2000.