Delayed C-sections become medical malpractice in Chicago when a mother or a baby suffers injuries because a medical provider took longer than necessary to perform a critical medical procedure. A delayed C-Section may occur because of poor administration of labor-inducing drugs, poor communication, or failure to respond to stalled labor in time. It may also occur due to failure to recognize umbilical prolapse or fetal distress. Like other injury claims, you must prove negligence to be eligible for compensation. Examples of admissible evidence include medical records and expert witness testimonies.
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If you suspect you or your baby sustained injuries because of a delayed C-section in Chicago, seek legal help as soon as possible. Don’t navigate this difficult situation alone. Call 312-600-0000 to speak with our compassionate medical malpractice lawyers at Ankin Law. We will discuss your options and walk with you every step of the way.
Common Causes of Delayed C-Section in Chicago Hospitals
The Illinois Department of Public Health (IDPH) requires medical providers to have the capacity to perform a C-section within 30 minutes after determining an incision is necessary for a safe delivery. Some medical providers don’t meet this timeline. That failure results in delayed Cesarean section delivery. That results in serious health issues for the mother and baby. Some of these health complications are irreversible.
The common causes of delayed C-sections in Chicago hospitals include:
Poor Administration of Labor-Inducing Medications
Sometimes, a mother’s labor may be due, but she doesn’t experience contractions. In that case, the doctor often administers labor-inducing medication to induce labor. If poorly administered, these drugs can cause too strong contractions. As a result, the baby doesn’t get enough time to recover between contractions. Its oxygen supply significantly drops, requiring doctors to perform a C-Section quickly. If they delay, the baby is likely to develop serious birth injuries.
Failure to Notice Fetal and Maternal Distress
Medical doctors must constantly check the mother’s and fetus’s heart rates before delivery. Typically, the pulse signal is displayed on a monitor. The doctor must check the baby’s heart rate and respond to signs of distress promptly. If they fail to notice signs of distress, they may delay the C-section delivery.
Late Response to Umbilical Cord Problems
Some deliveries don’t go as expected. Sometimes, the baby may come out with the umbilical cord wrapped around its neck. In another instance, there might be an umbilical cord prolapse. A prolapse occurs when the umbilical cord comes out before the baby.
Either occurrence is a red flag because these umbilical cord issues prevent oxygen from reaching the baby. That’s a medical emergency. Doctors must prepare to begin the C-section procedure immediately. Any delays can cause a rapid decline in the baby’s oxygen supply. The limited oxygen supply can lead to hearing loss, brain injuries, and other serious health complications.
Poor Communication
The success of a delivery depends on how well and clearly the doctors and nurses communicate. A crucial decision may be delayed due to miscommunication on fetal health information. The doctor may also miss the opportunity to take interventional procedures. As a result, the baby or the mother may suffer preventable harm.
Ignoring or Failing to Respond to Stalled Labor in Time
Labor may sometimes progress too slowly or stop. This unexpected situation may force the baby to overstay in the birth canal. Medical providers must quickly determine if a C-section is necessary for a safe delivery if they notice signs of stalled labor. These signs include the baby stopping to move down after a specific point, or the mother’s cervix ceasing to dilate. Medical professionals who ignore or wait too long before taking action in these circumstances expose the baby and the mother to the risk of injury.
How Delayed C-Section Decision Leads to Medical Malpractice Claims
A delayed C-section decision can have long-term health effects for the baby and the mother. An appropriate and timely response to childbirth challenges can help prevent these health effects. So, you may have grounds to sue a doctor for medical malpractice if you or your baby suffered preventable injuries because of a delayed C-section decision.
Birth Injuries to the Baby
Birth Asphyxia
A delayed C-section cuts down the baby’s oxygen supply. Doctors usually track newborn health within one to five minutes after birth using a metric called the Apgar score. Although low Apgar scores may indicate the newborn experienced stress during delivery, they do not independently determine the cause of the distress. They can, however, support suspicions of oxygen deprivation due to delivery delays when analyzed alongside fetal monitoring records.
Hypoxic-Ischemic Encephalopathy
Low oxygen supply can cause fetal acidosis, where the baby’s blood pH level significantly lowers. Acidosis is a risk factor for hypoxic-ischemic encephalopathy, which may lead to intellectual disability, developmental delay, cerebral palsy, and seizures. So, timely decision-making at childbirth may help prevent cerebral palsy, seizures, and other health complications.
Early Health Issues
Fetal distress during birth leads to troubling health problems for the baby. There’s a high likelihood that the baby may contract an infection or develop breathing and feeding problems. In most cases, these early health complications result in the baby’s admission into the Neonatal Intensive Care Unit (NICU). It may take weeks for the baby to recover and gain full strength.
Birth Injuries to the Mother
Uterine Rupture and Hysterectomy
A doctor’s indecision to perform a C-section can also lead to stalled labor. Stalled labor is one of the common causes of birth injuries, such as uterine rupture and infection. The mother may need to undergo a hysterectomy to have the uterus, ovaries, and fallopian tubes removed surgically. Generally, a mother can’t conceive or experience their routine menstrual cycles after undergoing a hysterectomy.
Emotional Distress
A birth gone awry can cause emotional trauma to the parents. They may experience a mix of emotions, including PTSD, grief, or anxiety. Sometimes, the parents may experience a profound sense of guilt because they know their baby’s injuries could’ve been alleviated.
Proving Negligence in a Birth Injury Case Involving a Delayed C-Section
Proving negligence in a birth injury case involving a delayed C-section requires you to show that the medical provider owed you a duty of care and breached that duty by taking too long to perform a necessary medical procedure. You must also demonstrate that the breach harmed you or your baby and that you suffered actual damages.
You need strong and irrefutable evidence to prove each of the above-mentioned elements. A birth injury lawyer can investigate your case and compile relevant evidence to show that the responsible medical provider acted negligently. Common evidence in birth injury cases involving a delayed C-section includes:
- Fetal monitoring strips
- Timestamps to reveal an extended decision-to-incision timeline
- Apgar scores showing a rapid decline in physical health
- Labor logs to show maternal and fetal conditions before and after delivery
- Anesthesia administration notes
- Expert Witness testimony to determine where delays happened and explain what a similarly trained doctor would have done under the same circumstances.
Recoverable damages after a successful birth injury case involving a delayed C-section include medical bills, lost wages or income, rehabilitation and therapy costs, and other expenses arising from the injury. You may also recover non-financial losses, such as emotional distress.
Are you worried that a delayed C-section decision in a Chicago hospital may have affected your baby’s health? If so, seek legal support right away. Our legal team at Ankin Law boasts over 100 years of combined experience. We understand the legal dynamics of medical negligence claims. We leverage our legal authority and extensive network in the healthcare industry to gather evidence and build strong claims. Contact us today for a free, confidential case evaluation.
Frequently Asked Questions
When does a delayed C-section become medical malpractice in Chicago?
A delayed C-section becomes a medical malpractice claim if the doctor breached the approved standards of care. Doctors must have the ability to meet the 30-minute decision-to-incision timeline. A delayed C-section decision that causes childbirth injuries amounts to medical malpractice.
What complications can result from an unnecessary delay in performing a C-section?
A delay in performing a C-section can leave the baby with seizures, brain injuries, and intellectual disabilities. The delay may cause stalled labor, which may leave the mother with a ruptured uterus and infections. The treatment for rupture involves a surgical procedure to remove the uterus, ovaries, and fallopian tubes. This procedure takes away the patient’s ability to menstruate or get pregnant.
How can I prove a doctor was negligent in delaying my C-section?
You can prove medical negligence using various pieces of evidence. They include comprehensive records, such as fetal monitoring strips, Apgar score readings, and labor logs. You can also present medical records to show that you or your baby is receiving treatment for birth injuries. Retaining a medical malpractice lawyer with a track record of handling cases similar to yours can also help in proving the doctor’s negligence and recovering compensation.
