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Having a baby is stressful. You hope it will be easy, despite your friends and relatives telling you stories for the last nine months. You make plans with your obstetrician about the delivery, what to do if something goes wrong, whether to do a C-section and when.
If you believe that a C-section should have been done earlier and that your delivery was delayed improperly or negligently, you should get legal advice. Contact the Chicago birth injury attorneys of Karlin, Fleisher & Falkenberg, LLC right away. Our legal team is waiting at 312-346-8620 to review your medical records and give you our opinion on the best way to proceed.
Thanks to advances in ultrasound and other prenatal imaging techniques, C-sections, or Cesarean sections, are usually scheduled in advance of the baby’s delivery.
C-sections are usually performed when the baby is in the wrong position for a safe vaginal delivery (breech or lateral), the mother cannot safely deliver due to physical complications such as eclampsia or heart trouble, or there is a problem with the placenta. Conditions such as placenta previa, where the placenta is positioned in front of the baby’s head, can make vaginal delivery dangerous to the baby and the mother.
A delayed, or emergency, C-section, is done after a vaginal delivery has begun, but for some reason, the doctor determines that it is too dangerous to continue with a natural birth. Some reasons for this decision include:
There is a fine balance between allowing a vaginal delivery to proceed and making the decision for an emergency invasive procedure like a C-section. Doctors must weigh the benefit of a C-section against the knowledge that anything done to the mother, such as anesthetics and surgery, also impacts the baby. In this narrow window, mistakes can be made that impact the life of your child.
Emergency C-sections are performed because something has compromised the health of the infant, the mother, or both. If the cord or placenta are involved, the infant’s blood and oxygen supply have been cut off. If the labor has gone on for too long, there are other, potentially serious effects.
Proving that a C-section should have been done earlier (if one was done) can be difficult. Doctors do not intentionally seek to harm their patients. Deciding when and how to perform an emergency C-section is a judgment call on the part of the doctor, and the effect on your baby may not be immediately obvious.
When you contact Karlin, Fleisher & Falkenberg, LLC, we will listen to all the facts of your case with care and compassion. We know that your child may be facing a lifetime’s disability and care, and you want the best possible treatment. We will do what is possible to make that happen.
Showing that a doctor or medical team was negligent in failing to perform a C-section sooner during the delivery means establishing a pattern of fetal distress throughout the labor and the team failing to acknowledge and act on it for an extended period. Our team will help you obtain the records necessary to develop this timeline and track the course of treatment throughout the labor.
Because this may be a difficult process for you, our attorneys will carry out the investigation, speak with witnesses, and discuss the facts in the case with opposing counsel and insurance companies on both sides. Showing how this case may affect you and your child for the rest of your lives will take some time, and we will assemble a case that will present these facts to the court.
If you believe your child was injured at birth due to a delayed C-section, contact Karlin, Fleisher & Falkenberg, LLC at 312-346-8620 right away. Illinois has a two-year statute of limitations for medical malpractice claims, even in cases like these, so time is of the essence. Call our legal team today for a confidential consultation.