New York C-Section Error Attorneys


A C-section error is a type of medical malpractice that can do irreparable harm to both mother and child. It is important that doctors adequately monitor an expecting mother’s progress throughout all trimesters, and speak with their patients about the safest delivery method depending on their specific situation.

Whether you’re having your first child or your 5th, going into labor is a nerve-wracking, overwhelming experience.  After 9 months of waiting, you’re finally ready to meet your little one.  What you may not be prepared for is having an emergency C-section.

Or perhaps you’re one of the many pregnant women preparing for a C-section and you want to know as much information as possible. According to the Centers for Disease Control, 32.7% of all deliveries are by Cesarean. In other words, about 1 in every 3 mothers give birth in the operating room.

Certain medical conditions make C-sections a lower risk than vaginal delivery. Even so, cesareans always carry some amount of risk. Your ability to negate this depends entirely on the competence of your doctor and the attending medical staff.

If you’ve experienced complications from C-section delivery, our Medical Malpractice attorneys can help you discover your legal options with a free case evaluation.

Reasons for a C-Section

The majority of C-sections occur because of a critical medical development that put the mother, baby, or both in danger. They may occur at the end of the third trimester or in the delivery room.

For example, a mother who fails to progress during labor – pushes for hours, then presents meconium in the amniotic fluid would likely be a prime candidate for an emergency C-section. Meconium inhalation could cause the infant to die from infection, if not delivered promptly.

Women who previously delivered a child via C-section are less likely to be able to delivery vaginally in the following pregnancy. Other health risks that require C-section delivery include, but are not limited to:

  • Placenta previa – 1 in 200 pregnant women develop placenta previa in the third trimester. The placenta either partially or completely covers the cervix. Bed rest is the standard treatment for this condition.  If the placenta has not moved by the time labor begins, vaginal delivery is no longer an option.
  • Placental abruption – If the placenta separates from the uterine wall, it interferes with the baby’s ability to receive oxygen. Bleeding and pain at the site of separation is an additional discomfort for Mom. An emergency C-section is common under with placental abruption.
  • Uterine rupture – Hemorrhaging from a tear in the uterus during pregnancy or labor is cause for an emergency C-section.
  • Gestational diabetes – Mothers who develop diabetes during pregnancy tend to have babies too large to safely deliver vaginally.
  • Cephalopelvic Disproportion (CPD) – If the baby’s head is too large to pass through the mother’s pelvis, a C-section will be ordered to avoid the possibility of birth injuries, such as cerebral or erb’s palsy.
  • Cord prolapse – if the umbilical cord slips through the cervix and put the vagina before the baby is delivered, it reduces the blood flow to the baby, causing fetal distress.

C-Section Risks

Cesareans are essentially a form of abdominal surgery and has similar medical risks associated with surgical procedures. Any negligence on behalf of the medical staff could result in serious harm to mother and child.

These operations carry chance of infection at the incision site, as well as infection of the uterus, kidneys or bladder.

On average, women lose twice as much blood during a C-section than with vaginal births. Sometimes a blood transfusion is necessary shortly after delivery.

The anesthesia used in cesarean operations carries additional risk. A mother may experience adverse reactions to the medications or respiratory infection can further endanger her health.

The bowels can suffer significant damage after a C-section. Constipation, swelling and dissention of the bowels can last well after the initial surgical recovery period.

Although very rare (occurring in every 6 in 100,000 births), maternal death during C-section is possible.

Risks for Baby Due to C-Section Error

While it’s true that C-sections are often performed to save the baby from distress, all cesareans have the potential to cause them injury. These include:

  • Fetal lacerations should the doctor nick the baby with the scalpel
  • Respiratory problems, such as asthma or transient tachypnea
  • Need for treatment in the neonatal intensive care unit (NICU)
  • Premature birth

Other medical errors, such as leaving a surgical tool inside the mother’s body, or failing to properly monitor the baby’s progress during labor are possible risks during C-section delivery.

When C-section Recovery Goes Wrong

Cesareans are major surgical procedures and require longer recovery times than vaginal birth, typically 6 weeks. Your hospital stay will be 3-4 days, perhaps longer if complications were seriously life-threatening.

Postpartum fatigue, postpartum bleeding, perineal pain, hemorrhoids, breast engorgement and pain at the incision site are hallmarks of C-section recovery. A mother recovering from a C-section needs rest and as much help as possible from family and friends.

It’s important to keep an eye on your incision site. If you develop foul smelling discharge at the incision site, along with fever, chills and pain in the abdominal area are signs of infection.

Septicemia is the most lethal bacterial infection that can develop in mothers who’ve recently had a C-section. Confusion, low blood pressure and hypothermia leading to toxic shock are characteristic of septicemia. If you or your loved one develop any of these symptoms, contact a doctor immediately.

Explore Your Legal Options

If you or your baby suffered an injury during a C-section delivery, you may be able to file a claim against the doctor and/or hospital responsible seeking compensation for what happened.

The attorneys at The Oshman Firm are committed to pursuing all avenues to get your family the compensation you deserve. Damages for a C-section error may be recovered for:

  • Past and future treatments
  • Lost wages
  • Emotional suffering
Our verdicts speak towards our dedicated representation for our clients. We've previously secured a $42M medical malpractice - cerebral palsy settlement.

When you hire an attorney, we handle the hassle of paperwork and medical records. We make the process as easy as possible for all our clients, so you focus on your family and your health.

We offer free, no-obligation consultations. Find out what we can do for you by calling today.

The law limits the amount of time you have to file a claim, so don’t delay.

Free Case Evaluation

Complete this form to learn about your legal rights. All information is held in the strictest of confidence.

  • This field is for validation purposes and should be left unchanged.