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Failure to Perform Timely C-Section

Syracuse Lawyers for Labor Complications and Delivery Trauma

Thousands of Cesarean sections (C-sections) are performed every day in hospitals around the world. It is considered the most common surgical procedure in the country. A C-section is a major surgery that is performed by an obstetrician in order to deliver a baby in situations in which vaginal childbirth might present a risk to the child or mother. Although it’s a common procedure, sometimes C-sections are not performed when they should be. If you or your baby were harmed as a result of a failure to perform a timely C-section, a knowledgeable Syracuse birth injury attorney can review your case.

When is a C-Section Needed?

When an OB-GYN understands that a pregnant mother is at risk for complications with a vaginal birth, a C-section delivery is supposed to be scheduled. For example, when a mother has gestational diabetes with twins, preeclampsia, placenta previa, or placental abruption, a C-section may be scheduled prior to the due date. In other cases, complications may arise during labor such that labor doesn’t progress properly. A C-section may be performed during labor because of fetal distress, maternal infection, breech presentation of the fetus, cephalopelvic disproportion, uterine rupture, or nuchal cord.

Failure to Perform a Timely C-Section

Failure to perform a C-section can be one type of malpractice associated with this particular procedure. The other is improper performance of a C-section. It is crucial for an OB-GYN to recognize when a C-section is needed and to perform it in a timely fashion. Fetal distress is a common reason to perform a timely C-section, and failure to do so can result in birth injuries like hypoxic ischemic encephalopathy, brachial plexus injuries, Erb’s palsy, and shoulder dystocia. Even a few minutes’ delay can increase the chances of birth injuries or complications. When a baby and mother are being monitored and there are signs of fetal distress, doctors should act quickly. Failure to recognize the need for a C-section and perform one in a timely fashion can be medical malpractice. A dedicated birth injury lawyer can assert your rights if you believe this has occurred in your case.


In order to prevail in a medical malpractice lawsuit and recover compensation for maternal injuries or birth injuries arising out of failure to perform a timely C-section, you will need to establish: (1) you were owed a professional duty of care because by a health care provider, (2) violation of the professional duty of care, (3) causation, and (4) damages. Generally, a mother needs to have been under the care of a health care provider she seeks to hold responsible for failure to perform a timely C-section, and the health care provider needs to have deviated from the professional standard of care in order for malpractice to occur. An OB-GYN can be held liable for injuries to either the mother or the baby.


When you can establish liability for medical malpractice causing birth injuries or maternal injuries or death, you may be able to recover compensatory damages. These are damages intended to put you back into the position you would have been in were there no malpractice. Economic losses such as medical bills, rehabilitation, therapy, and replacement services may be recovered. Noneconomic or intangible losses may also be recovered. These are losses such as pain and suffering, mental anguish, loss of enjoyment, and disfigurement. If a mother dies because of a failure to perform a timely C-section, it may be possible to recover wrongful death damages.

Consult an Experienced Birth Injury Attorney in Syracuse

If you or your baby have been injured because of a failure to perform a timely C-section that you think constituted medical malpractice in Syracuse, you can discuss your situation with a skillful trial lawyer. You may be able to recover damages through a birth injury lawsuit. DeFrancisco & Falgiatano represents patients and their families in medical malpractice lawsuits in Syracuse, Rochester, and throughout Upstate New York, including in communities such as Ithaca, Lowville, Watertown, Binghamton, Canandaigua, Oswego, Oneida, Auburn, Cooperstown, Utica, Lyons, Herkimer, Elmira, and Wampsville. Please call us at 833-200-2000 or contact us via our online form.

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"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
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