Birth Injury: C-Section Injuries

Why Choose Bachus & Schanker?

Bachus & Schanker is dedicated to serving the legal needs of victims injured in all manner of accidents. We understand the frustration and pain victims go through after serious injuries, and our team fights hard to bring them relief. 

One of our founders, attorney Kyle Bachus, learned firsthand just how difficult it is to lose someone to negligence. He can directly identify with the losses our clients have experienced and leads the firm in a way that best serves our clients.

If medical malpractice has harmed you or a loved one, reach out to Bachus & Schanker for the quality representation you deserve. 

Understanding C-Sections

C-sections are an emergency response to child birthing issues that arise during labor and delivery. When a natural (vaginal) birth presents an unreasonable risk to the mother, child, or both, the medical professional in charge may resort to a C-section to prevent the baby or mother from being harmed by issues like:

• Fetal distress
• Extended labor
• Rupture of the uterus
• Placenta previa
• Cord prolapse

Regardless of the trigger, medical professionals must know when a C-section is simply too dangerous to perform. Choosing to perform one under the wrong circumstances can be deadly.

Consequences Of C-Section Errors

As you might imagine, C-section complications can be extremely negative for mothers and children. In some cases, death is the result. In others, victims are saddled with debilitating and painful injuries that have the power to ruin their quality of life. 

At Bachus & Schanker, we relentlessly pursue the funds our clients need to counter the negative effects of C-section errors. Depending on the specific mistake and resulting injuries, C-section error victims may have to deal with one or more of the following consequences for much — if not the rest — of their lives:

• Brain damage
• Cerebral palsy
• Hypoxic-Ischemic Encephalopathy
• Shoulder Dystocia
• Injuries to the Brachial Plexus
• Lacerations and contusions
• Infections

These injuries have the potential to leave a child in need of medical care for the rest of their life. The sheer amount of time and money required to treat the issue over a lifetime can be staggering. 

Recovering Compensation For C-Section Injuries

Victims of C-section errors can pursue compensation for their losses, but they must prove that medical malpractice has occurred. Medical malpractice involves errors and decisions that should never happen and that no reasonable medical professional in a similar position would make.

Attorney Representation From The Beginning

Your main goal is probably to help ensure that you or your child gets properly compensated for their injury after C-section procedures. The most optimal way to do that is by meeting with a birth injury lawyer as soon as possible. 

You will receive a proper evaluation of your case and counsel on how to proceed. You will also be free to focus on healing because your lawyer will handle everything. 

Delaying or failing to procure counsel will likely result in far less compensation or none at all. Once a doctor or other healthcare professional has an inkling they might be sued, they immediately lawyer up, and their insurance companies vigorously defend against compensation claims.  

At Bachus & Schanker, we hold doctors, nurses, hospitals, and anyone else accountable for the birth injuries and losses they cause. For birth injuries, there are not many legitimate defenses. 

Proving Liability

Once you become our client, our medical malpractice team will immediately set about proving liability. Liability in birth injury cases arises when a medical professional’s treatment actions fall below acceptable standards of care. Common examples of this occurring in C-section cases include:

• Failure to properly monitor for fetal distress
• Delayed C-section 
• Improperly performed C-section
• Poor follow-up care and treatment after a C-section
• Anesthesia errors
• Improper use of C-section tools and implements

Actually proving one of these or another error has caused a C-section birth injury is often a gargantuan task. At Bachus & Schanker, we tap every resource we have to hold medical professionals liable, including our network of medical experts and professionals. 

Damages

Ultimately, our goal is to recover as much in damages as you require based on the circumstances of your case. Common damages in these actions include:

• Medical treatment and hospitalization costs
• Expenses related to the injury, such as medical device purchases
• Lost income and lost future economic opportunity
• Pain and suffering
• Loss of enjoyment of life
• Disfigurement
• Scarring
• Emotional distress

Recovering the proper amount of damages requires a full accounting of the compensable losses you have suffered. Our team works meticulously to ensure that your losses are proven and paid out in an amount consistent with your losses. 

Timing Issues

If you or a loved one needs damages to address your C-section injury losses, know that there is a limited amount of time to seek compensation. The law gives you two years to file a C-section lawsuit. If the injury is not reasonably discoverable initially, the clock does not start until the injury should be reasonably detectable. 

However, in medical malpractice cases involving child victims, the rules are a bit different. Children under six who are injured by malpractice have until their eighth birthday to commence legal action for damages. 

Get Help From Experienced Birth Injury Attorneys

C-sections are incredibly delicate surgeries that can threaten mother and child. Medical professionals involved in these operations are held to high standards. When they do not maintain them and injury occurs, call on the birth injury attorneys at Bachus & Schanker to pursue compensation. We’re ready to listen and fight for you. 

Sources: 

Cesarean Section.

Colo. Rev. Stat. § 13-80-102.5.Girard T., et al. (2024). Failed spinal anesthesia for cesarean delivery: prevention, identification and management.