Can I File a Malpractice Claim for Injuries During a C-section?

You can file a malpractice claim for injuries during a C-section if you or your baby was hurt due to medical negligence. The law allows you to hold hospitals and providers accountable when errors during surgery or decision-making lead to preventable harm. Our medical malpractice lawyers at Wilt Injury Lawyers in Lexington, KY, can review your medical records, consult with experts, and determine whether your case meets the legal requirements for malpractice.

What Injuries Can Happen with a C-Section?

While Cesarean deliveries save lives, like any surgery, they can be risky. Some complications happen even when doctors act appropriately. However, many C-section injuries stem from mistakes, such as waiting too long to operate, failing to monitor distress, or making surgical errors during the procedure.

Approximately 32% of all births in the U.S. are by C-section. That high rate means thousands of families each year may face questions about whether the harm they experienced was unavoidable or the result of negligence. Both mothers and babies can suffer injuries if the procedure isn’t handled correctly.

You can suffer from uncontrolled bleeding, infections, organ damage, or complications from anesthesia. Your baby can suffer breathing problems, surgical cuts, brain injuries from delayed delivery, or long-term neurological harm caused by a lack of oxygen. When these injuries could’ve been prevented with proper care, you can pursue compensation from the negligent party that harmed you and your baby.

When Can You File a Lawsuit for C-Section Injuries?

The right to sue depends on whether your doctor or hospital deviated from accepted standards of medical care. In other words, would another reasonably competent provider have acted differently under the same circumstances? Examples of situations that may justify a lawsuit include:

• Failing to recognize signs of fetal distress that required an emergency C-section.
• Delaying surgery despite clear risks to you or your baby.
• Making surgical errors, such as cutting too deeply or damaging surrounding organs.
• Neglecting to prevent or treat infections after your operation.

There are stringent deadlines for filing medical malpractice actions, which is why it’s in your best interest to talk to a Lexington medical malpractice attorney as soon as possible.

What Damages Can You Recover?

If you can prove the at-fault party’s medical negligence regarding your Cesarean delivery, they must compensate you for your immediate and long-term needs. Damages may include medical expenses for emergency care, surgery, or therapy, and future costs of caring for a child with lasting injuries. You can likewise recover compensation for lost wages or earning capacity for you and pain and suffering for you and your child.

What a Lexington Medical Malpractice Lawyer Can Do for You

Medical malpractice claims are some of the most complex cases, especially when they involve injured babies and mothers. You can expect the hospital and insurers to have legal teams protecting them from liability, so you should have a Lexington medical malpractice attorney handling your case who will:

• Sort through medical records to distinguish unavoidable complications from negligence
• Connect with experts who can testify about delivery standards and errors
• Document long-term costs beyond immediate hospital bills, therapy plans, equipment, adaptive schooling, and lifetime care
• File claims within deadlines, protecting your right to sue
• Negotiate with hospitals and insurers, who rarely admit fault without pressure
• Advocate for your family in court to ensure you receive all the damages you and your baby are entitled to under the law.

Seek Legal Help from Our Lexington Medical Malpractice Attorneys

Schedule your free case evaluation with our Lexington medical malpractice lawyers at Wilt Injury Lawyers by calling 859-263-8818 or contacting us online to learn how we can help you secure maximum compensation for your family.