Failure to Perform a Timely C-Section

When a physician fails to perform a timely or necessary Caesarean Section (C-section) delivery of a child, and/or, if other healthcare providers (midwives, nurses etc.) fail to appreciate the need for that operative procedure, the health and well-being of both the mother and child may be compromised.

Doctors, as well as other medical professionals, are extensively trained to notice signs of “fetal distress” during the labor and delivery processes. If these clinical signs and symptoms are ignored or their significance is not appreciated and timely acted upon, it may result in injuries to both the child and mother. C-section delivery may be warranted in the presence of fetal distress and other conditions; a failure to do so would be a deviation from accepted standards of care within the medical community. A breech of these standards may constitute medical malpractice/negligence. In addition, prenatally, before labor and delivery, there may be various circumstances and conditions which exist which mandate a scheduled or “elective” C-section delivery. Likewise, a failure to diagnose and recognize the significance of those conditions, and plan for an elective C-section may constitute medical negligence.


Injuries to the mother may include: orthopedic injuries, nerve damage, stroke and other significant conditions, or even death. Injuries to the baby may include: death, brain injury resulting in neurological conditions such as spastic quadriplegia, Cerebral Palsy, blindness, seizure disorders etc. In addition, a child may also sustain nerve and orthopedic injuries such as trauma to the brachial plexus nerves controlling shoulder and upper extremity movement and function ability resulting in Erb’s Palsy and other Brachial Plexus Palsies.


When a child or mother is harmed due to a doctor’s failure to perform a Caesarean section, claims may be made for the parents of the child, the child, and for heirs in the event of wrongful death. Monetary compensation may be secured for injuries and associated costs of care, lost earnings etc. If you, your partner, or child suffered medical complications after a doctor failed to perform a C-section, ContactNew Jersey birth injury attorney at 973-845-4421 to speak with a legal professional.

Related Articles: