Possible Legal Actions for Delayed C-Section and Fetal Distress

 Posted on June 18, 2024 in Birth Injury

Fetal distress and delayed cesarean sections (C-sections) are serious issues that can lead to devastating consequences for both the baby and the mother. When medical professionals fail to recognize signs of fetal distress or do not perform a timely C-section, it may be considered medical malpractice. If you or your child have suffered harm due to a delayed C-section, an Illinois lawyer can help you understand your legal rights and options.

Recognizing Fetal Distress and the Importance of Timely C-Sections

Fetal distress occurs when a baby experiences oxygen deprivation (hypoxia) during labor or delivery. Various factors, including umbilical cord compression, placental abruption, or prolonged labor, can cause this. Medical professionals should closely monitor the baby’s heart rate and other vital signs to detect distress.

If fetal distress is identified, an emergency C-section may be necessary to prevent brain damage, cerebral palsy, or even stillbirth. The American College of Obstetricians and Gynecologists (ACOG) recommends performing a C-section within 30 minutes of deciding to operate in cases of fetal distress.

Proving Medical Malpractice in Delayed C-Section Cases

To establish a medical malpractice claim for a delayed C-section in Illinois, you must demonstrate that:

• A doctor-patient relationship existed
• The healthcare provider breached the standard of care
• The breach caused injury to the baby or mother
• The injury resulted in damages

The standard of care refers to the level of care that an experienced and competent medical professional would provide under similar circumstances. If your doctor failed to perform a C-section promptly, he or she might have breached the standard of care.

Gathering Evidence to Support Your Claim

To build a strong case, you must gather evidence demonstrating the link between the delayed C-section and the resulting harm. This may include:

• Medical records, including fetal heart rate monitoring strips
• Witness statements from medical staff or family members present during labor and delivery
• Expert testimony from obstetricians or other medical professionals
• Documentation of the child’s ongoing medical needs and expenses

How to Take Legal Action

In Illinois, you generally have two years from the date of the injury or when the injury is discovered to file a medical malpractice lawsuit. If your child has been harmed due to a delayed C-section, you may be entitled to compensation. The compensation can help with medical expenses, ongoing care, pain and suffering, and other damages.

Contact a Cook County, IL Birth Injury Lawyer

If your family has been impacted by a delayed C-section and fetal distress in Illinois, do not hesitate to seek legal guidance. An experienced Chicago, IL birth injury attorney can help you through the legal process and fight for the potential compensation your child deserves. Call Birth Injury Law Alliance, Ltd. at 312-462-4200 to get the process started with a free consultation.