Understanding When Delays in Performing a C-Section Could be Due to Medical Malpractice in Oregon

medical malpractice lawyers Bend OR

Portland Birth Injury Lawyer Explains Delays in Performing a C-Section and Medical Malpractice in Oregon

When people think of the birth of a child, they generally think of the baby being delivered vaginally. However, there are times when a baby cannot be delivered vaginally due to maternal health issues, fetal health issues or pregnancy complications. When this happens, a c-section needs to be performed. Some c-sections are considered to be planned c-sections (a date is picked well in advance) while there are times when a c-section is performed due to fetal or maternal health concerns. In cases of emergency c-sections, they must be performed in a timely manner to avoid harm to the mother or baby. When a physician fails to perform a c-section in a timely manner in the event of a complication and the baby or mother suffer as a result, this is considered to be negligence.  Delays in performing a c-section could simply be due to medical malpractice in Oregon.

This type of medical malpractice is a birth injury that could be prevented with the proper care and treatment of a mother and the baby.  Damages could be catastrophic and result in horrific pain and suffering.  Learn more about how our lawyer can help your baby when delays in performing a c-section results in serious personal injuries or even the wrongful death of a loved one.

What is a C-Section?

A Cesarean delivery (or C-section) is a surgical procedure. Incisions are made to remove the baby from the mother’s uterus. 

When are C-Sections Indicated?

C-sections are indicated for a variety of reasons. C-sections are often performed if there is a complication, or if there is a known reason as to why the mother cannot have a vaginal delivery. A few common reasons for c-sections include the following:

  • The baby is in distress – if the baby appears to be in distress, he or she must be removed before complications such as brain damage or death occur
  • Labor is arrested or prolonged – if there is little to no progress and the mother has been in labor for a long time, a c-section may be chosen
  • The baby is in an abnormal position (i.e. transverse or breech) – babies need to be head down in order for delivery
  • Placental problems
  • Maternal health issues (i.e. eclampsia, preeclampsia)
  • The mother is carrying multiples
  • The baby is too large for the birth canal
  • The mother had a previous c-section
  • Cephalopelvic disproportion 

Complications if a C-Section is Not Performed in a Timely Manner

If there is a delay in performing a c-section, the mother or baby may face many complications, including the following: 

  • Brain damage
  • Hypoxic ischemic encephalopathy
  • Cerebral palsy
  • Respiratory distress
  • Shoulder dystocia
  • Developmental disabilities 
  • Erb’s palsy
  • Brachial plexus injury
  • Death of the mother or child

How Can Complications From a Delay in Performing a C-Section be Due to Medical Malpractice?

Complications due to c-section delays should never happen. This is because, if a c-section is indicated, it should be performed in a timely manner. When a medical provider fails to intervene when they know there is risk to the mother or baby, this is medical malpractice. Examples of medical malpractice related to complications from delaying c-sections include the following:

  • Failing to intervene with a c-section if mother or baby is in distress
  • Failing to perform a c-section when the baby is in an abnormal position
  • Allowing prolonged or arrested labor to continue, leading to complications
  • Failing to identify prior to the baby is too large for the birth canal prior to complications occurring due to the baby not fitting through the birth canal

When Do I Need a Lawyer?

The honest truth is that if you are asking yourself this question, you probably should get a lawyer to review your case.  A medical malpractice lawyer’s review is usually FREE and does not cost anything.  Most lawyers also pay the upfront litigation costs and disbursements of your case, including hiring an expert to review your claims.  This means there is no upfront cost to you.  Our lawyer here at Kuhlman Law does that in Portland, Oregon.  

Our lawyers also handles delays in performing a c-section cases on a contingency fee agreement.  This means that our lawyer fees are only paid AFTER we recover compensation for you in settlement or court award.  We also only get paid a percentage of what we recover for you.  That means there is no upfront financial risk to hiring our law firm.

This is important because you will not know when you need a lawyer for your birth injury case in most instances.  Doctors and nurses will lie and claim that your case is due to “natural and unavoidable circumstances.”  That sounds logical, but it really is not.  It is frankly very dangerous and not likely.  Defendants that tell you this are just hiring information from you and your family.  Thus, you will really never know if you need a lawyer unless you arm yourself with this information ahead of time—have any doubt?  Ask about it!

What Can a Birth Injury Lawyer Recover for Me?

A lawyer can recover damages for you, including damages for delays in performing a c-section in Oregon.  This means that you will be entitled to recover damages such as pain and suffering, lost wages, lost earnings, medical bills, future care costs, and the wrongful death damages of your baby.  These damages are for both YOU and your baby, because a delay in performing a c-section can also harm you as the parent.  This means that it can really disrupt your life in several ways that are dangerous and even deadly for your family.

Other times in very serious instances of egregious medical malpractice, your Portland birth injury lawyer may also be able to recover punitive damages against the defendants.  These damages can really hold a defendant liable as well as preventing this conduct from happening again to you or another—it will have a deterrent affect.  This is important to do because it can really save you and your family, as well as the heartbreak for other families.  It is very hard to get punitive damages, but it is possible and an experienced lawyer can help you.

Ask our Lawyer about a Delay in Performing a C-Section Due toMedical Malpractice

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

For a free case evaluation


(541) 385-1999 in Bend, Oregon
(503) 479-3646 in Portland, Oregon
(612) 444-3374 in Minnesota

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