When a Delayed or Botched C-Section Causes a Birth Injury
A cesarean section is sometimes the only safe way to deliver a baby when complications arise during labor. When doctors delay the decision to perform an emergency C-section or make errors during the surgical procedure itself, the consequences for both mother and baby can be severe and permanent. Minutes matter in these situations, and the failure to act decisively is one of the most common forms of obstetric negligence.
At Parker & Parker Attorneys at Law, we represent Peoria-area families whose children suffered preventable injuries because of C-section errors. We understand the medical complexities of these cases and work with leading obstetric experts to build claims that hold negligent providers accountable.
What “Decision-to-Incision Time” Means and Why It Matters
In emergency obstetric situations, medical guidelines generally call for a “decision-to-incision time” of 30 minutes or less—meaning that once the decision is made to perform an emergency C-section, the baby should be delivered within 30 minutes. In cases involving severe fetal distress, many experts argue that this window should be even shorter. Every minute of delay when a baby is in distress can mean additional oxygen deprivation and increased risk of brain damage.
Delays can occur for many reasons, some of which reflect negligence: the attending physician may not be immediately available in the hospital, the surgical team may not be properly assembled or on standby, hospital staff may fail to recognize the urgency of the situation, or there may be communication breakdowns between nurses monitoring the patient and the physician responsible for making delivery decisions.
When a C-Section Should Be Performed
The decision to perform a cesarean delivery is a clinical judgment that depends on multiple factors. However, certain situations present clear indications for an emergency C-section. Prolonged fetal heart rate decelerations or other non-reassuring patterns on the electronic fetal monitor are among the most urgent. Umbilical cord prolapse—when the cord drops through the cervix ahead of the baby and becomes compressed—requires immediate surgical delivery. Placental abruption, where the placenta separates from the uterine wall before delivery, can cause massive hemorrhaging and fetal oxygen deprivation.
Other situations calling for C-section include uterine rupture (particularly in patients with a prior C-section scar), failure of labor to progress despite adequate interventions, and maternal conditions such as severe preeclampsia or eclampsia that make continued labor dangerous. When these situations arise and the medical team fails to transition to surgical delivery in a timely manner, the resulting injuries may constitute malpractice.
Injuries Caused by C-Section Delays and Errors
The most devastating consequence of a delayed C-section is oxygen deprivation to the baby’s brain, which can lead to hypoxic-ischemic encephalopathy (HIE) and cerebral palsy. The severity of the brain damage depends on how long the oxygen deprivation lasted and how completely blood flow was interrupted. Even a few minutes of significant oxygen restriction can cause permanent neurological injury.
Errors during the C-section procedure itself can also cause harm. Surgical lacerations to the baby—nicks and cuts from the scalpel—occur in a small percentage of cesarean deliveries. While minor lacerations typically heal, deeper cuts can cause scarring or damage to underlying structures. Maternal injuries from negligently performed C-sections include damage to the bladder, bowel, or ureters, excessive blood loss requiring transfusion, infection from inadequate sterile technique, and complications from improper anesthesia administration.
Proving a C-Section Error Claim
C-section delay and error cases require meticulous analysis of the medical records, particularly the electronic fetal monitoring strips, nursing notes with precise timestamps, physician orders, and the operative report. The central question is whether the medical team responded appropriately to the clinical situation—and if not, whether the delay or error caused the baby’s injuries.
Expert testimony from board-certified obstetricians is essential to establish what the standard of care required in the specific clinical circumstances and how the defendant’s actions fell short. Under Illinois law, a pre-suit affidavit from a qualified medical professional must accompany any medical malpractice filing, which means expert review must begin before the lawsuit is even filed.
VBAC Risks and Provider Responsibility
Vaginal birth after cesarean (VBAC) presents unique risks, the most serious being uterine rupture along the prior C-section scar. While VBAC can be a safe option for many patients, it requires careful patient selection, continuous fetal monitoring, and immediate access to surgical delivery if complications arise. Providers who encourage VBAC in high-risk patients, fail to maintain adequate monitoring, or do not have surgical teams immediately available when offering VBAC may be liable for resulting injuries.
Compensation in C-Section Error Cases
Families affected by C-section errors may be entitled to compensation for the child’s medical expenses and ongoing care needs, the child’s pain and suffering and lost future earning capacity, the mother’s medical expenses from surgical complications, the mother’s pain and suffering, and both parents’ emotional distress and lost income. When a C-section delay results in a child with permanent disabilities such as cerebral palsy, the lifetime value of the claim can be substantial, reflecting decades of care needs.
Contact Parker & Parker
If you believe a C-section delay or surgical error caused harm to your baby or to you during delivery, our attorneys can review your medical records and determine whether you have a viable claim. Call 309-673-0069 or contact us online for a free consultation.
Related pages:
- Birth Injury Attorney in Peoria, IL
- Cerebral Palsy and Birth Injury Claims
- Erb’s Palsy and Brachial Plexus Birth Injuries
- Medical Malpractice Attorney