Injury Attorneys

Louisville Delayed C-Section Lawyer

A cesarean section, or C-section, is the delivery of a baby through an incision in the uterus rather than a vaginal birth. In some cases, doctors schedule C-sections ahead of time. In others, they are emergency medical procedures because of complications that arise during labor or delivery. It is the physician’s responsibility to carefully monitor the mother and baby during delivery, and to order an emergency C-section if necessary for the health and safety of both or either party. Failure to do so, resulting in injury or death, could give rise to a medical malpractice claim.

Trust Meinhart, Smith & Manning, PLLC with Your Birth Injury Claim

In emergency situations, surgeons should perform C-sections in 30 minutes or less for the safety of the baby. A delayed C-section can cause undue harm to the child, including brain damage. In the event that your physician failed to detect warning signs of an emergency, failed to order a C-section, or unnecessarily delayed one, resulting in harm to you or your child, contact Meinhart, Smith & Manning, PLLC. Our Louisville personal injury attorneys know how to investigate birth injury claims for signs of negligence, lack of due diligence, or incompetence.

With one of our birth injury lawyers by your side, you can go up against doctors, hospitals, and insurance companies with confidence. You’ll understand your rights and know how to protect them. We will walk you through the claims process, estimate what your claim might be worth, and work around the clock to help you get the most out of your case. You might be eligible for compensation for all accident-related medical bills, physical/mental disabilities, emotional distress, pain and suffering, and many other losses. Our firm can help your family recover after birth injuries relating to a delayed C-section.

When Is a Delayed C-Section Negligence?

To have grounds to file a birth injury claim, you must show that harm to you or your child stemmed from someone else’s negligence. “Negligence” can refer to any act or failure to act that a reasonable and prudent professional would have done differently in a similar situation. For example, if another doctor would have detected signs of fetal distress and ordered an emergency C-section half an hour sooner than your doctor did, your doctor could be guilty of.

To legally prove negligence, the injured party must show:

  1. A doctor-patient relationship existed. The defendant must have owed you a duty of care as your attending physician. If you’re suing the hospital, duties of care will differ. Either way, you must prove that the defendant owed you and your child some standard of care.
  2. The doctor or hospital breached a duty of care. You must also show that a breach of duty occurred. There are many ways a physician could breach his/her duties in the maternity ward, resulting in a delayed C-section.
  3. The breach caused your child harm. There must be a causal link between the defendant’s breach of duty and your child’s brain or other type of injury.

A delayed C-section might be an act of negligence if another doctor would have done something differently and prevented your child’s harms. Each birth injury case is unique and requires an investigation by experienced attorneys. If you believe someone is responsible for harm to your child after unreasonably failing to schedule or delaying an emergency C-section, call our firm. We offer compassionate representation for parents and their injured children in Louisville.