Delayed C-Sections

When preventable injuries occur because doctors waited too long to perform a C-section, questions naturally arise about what went wrong and how it could have been avoided. Oftentimes, parents are also worried about their child’s current and future medical needs and the costs involved.

The lawyers at Salvi, Schostok & Pritchard P.C. have decades of experience handling birth injury litigation and delayed C-section cases in Illinois. We know how to investigate what happened, identify errors in medical care, and hold negligent providers accountable in a birth injury lawsuit. We work with respected medical experts and build strong cases aimed at recovering the full compensation our clients deserve after they’ve been harmed by medical mistakes.

Contact us today for a free consultation. We can review your case, address your concerns, and help you explore your legal options.

Why Choose Salvi, Schostok & Pritchard P.C. as Your Delayed C-Section Injury Attorneys in Chicago?

At Salvi, Schostok & Pritchard P.C., we have represented injured clients and their families for more than 40 years. Our staff includes over 20 trial lawyers and more than 35 legal support professionals who work together to prepare every case as if it were headed for trial. This approach positions us to secure the most favorable outcomes possible, whether or not our clients’ cases ever actually go to court.

Through our diligent efforts, we have recovered more than $2.5 billion in verdicts and settlements, including hundreds of multi-million-dollar results and record-breaking awards in Illinois.

When you choose our law firm for your delayed C-section injury case, you’ll work with a team that knows how to hold hospitals, doctors, and their insurers accountable. We use our extensive resources and experience to build strong cases and pursue the full compensation our clients are owed.

We take pride in providing professional and compassionate legal services. Our C-section injury attorneys in Chicago are approachable and committed to making you feel comfortable throughout the legal process. When you come to us for help, we will listen to your concerns, explain your options, and fight for the results you deserve.

Case Result Spotlight: $50.3 Million Jury Award for Delayed C-Section Birth Injuries

Salvi, Schostok & Pritchard has extensive experience representing families in delayed C-section cases, including those resulting in serious complications and lifelong birth injuries. This experience has led to significant recoveries for our clients, including one of the largest birth injury verdicts in Illinois history.

In 2018, our firm secured a $50.3 million jury verdict for a child who suffered severe brain damage at birth due to a delayed C-section at an Evanston hospital. The medical team failed to recognize clear signs of fetal distress on the monitor and made the situation worse by giving the mother Pitocin, which increased stress on the baby. The staff waited too long to perform a C-section, and the child experienced oxygen deprivation and hypoxic-ischemic encephalopathy as a result. The delayed C-section caused the child to develop cerebral palsy, hearing loss, and serious motor impairments.

Partway through the case, our team rejected an insufficient $10 million settlement offer and took the case to trial, where the jury awarded $50.3 million. At the time, this was the third-largest Illinois medical malpractice verdict and the second-largest birth injury verdict ever reported in the state.

What Is Considered a Delayed C-Section Birth Injury?

A delayed C-section birth injury happens when medical professionals wait too long to perform a Caesarean section and cause preventable harm to the baby or mother. During labor, doctors and nurses are responsible for monitoring the baby’s heart rate, oxygen levels, and other vitals for signs of fetal or maternal distress. These signs might include a slow heart rate, irregular patterns on the fetal monitor, or other changes that signal the baby isn’t getting enough oxygen. In these situations, the safest option is often an immediate C-section.

If a medical team fails to recognize the warning signs or does not act quickly enough, babies can suffer severe injuries, such as brain damage, trauma to the nervous system, or other severe complications. Mothers are also at an increased risk of injuries like excessive bleeding or infection.

When Is a C-Section Necessary to Prevent Birth Injuries?

Doctors typically recommend C-sections before or during labor if certain risks arise that threaten maternal health or the safety of the baby. In some cases, C-sections are necessary if complications develop during pregnancy, such as placenta previa or breech positions that make vaginal birth unsafe. Other times, the need for a C-section only becomes apparent during labor, when medical teams notice signs of fetal distress or umbilical cord problems that restrict oxygen supply.

If any of these situations occur, a prompt C-section is often the best way to prevent serious injury and avoid unnecessary risks. Other emergencies, like uterine rupture or severe bleeding, also require immediate surgical delivery. Medical staff should have the training and experience to recognize these warning signs. Additionally, every hospital should have protocols in place that allow delivery teams to move quickly from the decision to perform a C-section to the completion of the surgical procedure.

What Are Common Causes of an Untimely C-Section?

If doctors fail to perform a Caesarean section in a timely manner, both the mother and baby can suffer severe harm. In many cases, warning signs appear well before delivery that should prompt appropriate responses from medical teams. Common factors that can lead to untimely C-sections include:

Failure to Recognize Fetal Distress: Doctors and nurses must monitor babies’ heart rates and other vital signs throughout the entire process of labor and delivery. Patterns like repeated decelerations or consistently low heart rates can signal that the baby isn’t getting enough oxygen. If a physician fails to recognize these signs and order a timely C-section, the delay can result in lasting harm.
Mismanagement of Labor-Inducing Drugs: Medications like Pitocin are often used to speed up labor, but they can cause contractions to become too strong or too frequent. This can deprive babies of enough time to recover between contractions and lead to oxygen deprivation. If the medical team does not respond quickly by adjusting the medication or performing a C-section, babies can develop devastating injuries.
Delayed Response to Umbilical Cord Complications: Problems like a prolapsed cord or an umbilical cord that gets wrapped around a baby’s neck can block or reduce oxygen flow. These situations require immediate attention and often call for an emergency C-section. If doctors fail to act quickly, the baby’s oxygen supply can drop rapidly and cause severe brain injuries, hearing loss, or other permanent conditions.
Inadequate Response to Stalled Labor: Sometimes, labor does not progress as expected, and the baby remains in the birth canal for too long. If the mother’s cervix stops dilating or the baby fails to move down after a certain point, the medical team must assess whether a C-section is the safest option. Doctors who ignore or delay action in these situations increase the risk of trauma to the baby and injury to the mother.
Poor Communication: Safe deliveries depend on clear, prompt communication between doctors, nurses, and other staff. If these teams fail to share critical information, such as changes in the fetal heart rate or the mother’s condition, essential decisions can be delayed. Miscommunication can lead to missed opportunities for intervention and cause preventable harm.

Timely caesarean deliveries can prevent complications and protect the mother’s and baby’s health. If a doctor’s decision to unnecessarily delay a C-section injured you, an experienced medical malpractice attorney from Salvi, Schostok & Pritchard P.C. can help.

What Birth Injuries Can Result from a Delayed C-Section?

A delayed C-section can cause oxygen deprivation, physical trauma, and other dangerous conditions that result in a wide range of birth injuries that may affect the child for life. Common types of birth injuries linked to the delay of Caesarean sections include:

Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when a baby’s brain does not get enough oxygen and blood flow. Even a short period of oxygen deprivation can damage brain tissue and lead to developmental delays, learning difficulties, or physical disabilities. Prompt intervention in the form of a timely C-section can reduce the risk of HIE. If medical teams delay C-sections despite signs of distress, the likelihood of HIE increases considerably.
Cerebral Palsy: Oxygen deprivation during birth can also cause brain damage that leads to cerebral palsy. Children with cerebral palsy often experience muscle stiffness, difficulty controlling their movements, and coordination problems. This condition does not improve over time and usually requires lifelong therapy and ongoing treatment. In many cases, the damage that caused cerebral palsy could have been prevented with a prompt Caesarean emergency procedure.
Brachial Plexus Injuries: The brachial plexus is a network of nerves in the shoulder and arm. A brachial plexus injury happens when these nerves get stretched, compressed, or torn during delivery. This can occur if a baby’s shoulder becomes stuck after the head is delivered. If a C-section is delayed and the baby remains in a difficult position for too long, the risk of brachial plexus injury increases. This type of injury can cause loss of sensation or even paralysis. Our medical malpractice lawyers were able to secure a $75 million verdict for an infant who sustained brachial plexus injuries during her delivery at the University of Chicago Hospital.
Bone Fractures: Prolonged labor and difficult vaginal deliveries after delayed C-sections can increase the risk of broken bones, especially in the collarbone or upper arm. A condition called shoulder dystocia occurs when one or both of your baby’s shoulders get stuck during vaginal delivery, sometimes resulting in bone breaks. Many such fractures heal with proper care, but can still cause significant pain and limit mobility during recovery.
Developmental and Cognitive Impairments: If doctors fail to order a timely C-section, babies can experience oxygen deprivation that causes preventable brain damage. This can impair learning, memory, and communication. Affected children often face delays in reaching developmental milestones, have difficulty processing information, and struggle with speech or language skills. These impairments often require long-term therapy and support.

In severe cases, a delayed C-section can lead to maternal death.

Are Delayed C-Section Injuries Considered Medical Malpractice?

Yes, delayed C-section injuries can qualify as medical malpractice in some cases. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and a patient suffers harm as a result. In a delayed C-section case, this might look like a doctor failing to properly interpret fetal monitoring data, recognize signs of distress, or take prompt action despite clear warning signs. It could also involve poor communication among medical staff that leads to harmful delays or other medical errors.

To prove malpractice, families must show that another reasonably skilled medical provider would have recognized the problem and ordered a C-section sooner under similar circumstances. This often requires evidence like medical records, fetal monitoring data, and expert testimony. An experienced malpractice attorney can work with expert witnesses and build a strong case that clearly explains how a healthcare provider’s actions fell below accepted medical standards.

Can a Delayed C-Section Result in a Wrongful Death Case in Illinois?

Sometimes, a delayed C-section can result in the death of a newborn or the mother. In these situations, affected families might have grounds to file wrongful death claims. A successful claim can provide compensation for losses like funeral costs, medical bills, and the emotional impact of the death. It can also help provide a sense of justice after such an unthinkable tragedy.

Wrongful death malpractice cases focus on proving that medical providers failed to uphold the accepted standard of care and that this failure directly resulted in a preventable death. These cases often require a thorough review of medical records, analysis of fetal monitoring data, and consultations with medical experts to determine what actions should have been taken and when they should have been taken.

What Types of Damages Can I Pursue for an Untimely C-Section Birth Injury in Chicago, IL?

The financial and emotional impact of a delayed C-section injury can be staggering. Affected families can file legal claims to recover damages (money) for medical expenses, income losses, and other costs related to the injury. They can also seek compensation for their less tangible losses, such as emotional distress. The exact types and amounts of damages available can vary depending on the facts of the case, but a successful claim could yield compensation for the following:

Medical Expenses: Past, current, and future medical costs related to the injury, including hospital stays, surgeries, medications, therapy, and assistive devices
Rehabilitation and Therapy Costs: The ongoing costs of any physical, occupational, or speech therapy the child might need
Home and Vehicle Modifications: The costs of modifying homes or vehicles to accommodate mobility aids or specialized equipment for the child
In-Home Care Costs: The cost of hiring trained caregivers if the child needs ongoing personal or medical care at home
Lost Income for Parents: Income losses resulting from a parent having to reduce work hours, change jobs, or stop working entirely to care for the child
Lost Earning Capacity: The loss of the income the child would likely have earned over their lifetime if the injury prevents them from working in the future
Pain and Suffering: The physical pain and emotional distress caused by the injury, both for the child and the parents
Loss of Enjoyment of Life: Limitations on the child’s ability to participate in activities or live independently due to the injury

How Long Do I Have to File a Delayed C-Section Injury Lawsuit in Illinois?

In Illinois, you have two years from the date you knew or should have known about the injury to file a medical malpractice lawsuit. A two-year time limit also applies to wrongful death cases involving medical malpractice, but the filing window begins on the date of death. These deadlines can vary in certain situations. Some cases involve exceptions that require you to file sooner.

If you miss a filing deadline, the court will likely dismiss your case, and you will lose the chance to recover compensation. This is why you should contact an experienced lawyer from Salvi, Schostok & Pritchard P.C. right away if you know or suspect you have a C-section injury lawsuit. An attorney can review your situation, identify the correct deadline, and prepare your claim in a timely manner. They can also gather medical records, consult experts, and handle all the legal aspects of your case, allowing you to focus on your family’s recovery.

Contact Our Chicago Delayed C-Section Birth Injury Lawyers for a Complimentary Consultation

If you believe a delayed C-section might have harmed your child, contact Salvi, Schostok & Pritchard P.C. today for a free case review. Our attorneys have the experience and resources necessary to investigate what happened and pursue the compensation your family deserves.

FAQs

Parents often have many questions after learning that a delayed C-section might have harmed their child. The answers below address some of the most common concerns we hear from families dealing with delayed C-section cases in Illinois.

Do I need a lawyer for a negligence claim?

Yes. You should always work with a lawyer for a negligence claim, especially one that involves birth injury malpractice. These cases require a detailed understanding of medical standards, hospital procedures, and how to present complex evidence. An attorney can investigate the circumstances, collect and review medical records, consult qualified medical experts, and prove how your provider’s actions fell below accepted standards of care. They can also calculate the full value of your claim, including medical costs, future care needs, and how the malpractice affected your family on a personal level.

Without legal support, you could make preventable mistakes that hurt your case or face pressure from the hospital’s insurer to settle for less than you deserve. A skilled malpractice lawyer can protect your rights and guide you through every step of the legal process.

What signs should I look for that indicate medical negligence during labor and delivery?

Several warning signs could indicate that something went wrong during labor or delivery. If your medical team seemed to ignore repeated alarms from monitoring equipment or failed to explain concerning changes in your baby’s heart rate, that could be a red flag.

Long periods without check-ins from staff, confusion among nurses or doctors about your care, or delays in responding to reports of pain or unusual symptoms might also signal a problem.

If your labor stalled or your baby appeared to be in distress, but no one took urgent action, that could also point to negligence.

After delivery, signs like breathing problems, seizures, or trouble moving arms or legs could indicate that your baby suffered harm.

If you experienced any of these situations, a lawyer can help you determine what caused your or your baby’s injuries and advise you on whether you could have a viable birth injury claim.

Can I sue my doctor if they kept postponing my C-section because the baby needed to grow more?

You could have a case if postponing a C-section caused preventable harm to you or your baby, regardless of how far along you were in your pregnancy. Doctors might recommend waiting to perform a C-section if a baby is premature or underweight, but they still have a duty to act if complications arise. If your medical team ignored or misinterpreted signs of fetal distress, low oxygen, or other risks and the delay caused injury, you could have a claim. A birth injury lawyer from Salvi, Schostok & Pritchard P.C. can review your medical records, consult with experts, and determine whether the decision to postpone delivery violated the accepted standard of care.

Can a delayed C-section lead to permanent birth injuries like cerebral palsy or brain damage?

Yes. If a C-section is delayed, the baby can experience dangerous oxygen deprivation, which can harm brain tissue and lead to conditions like cerebral palsy or permanent brain damage. The severity of the injury depends on how long the baby was in distress and how quickly doctors responded once they recognized the problem. If you believe your child’s condition was caused by a delay in performing a C-section, a knowledgeable medical malpractice lawyer can help you determine whether you have a legal claim.

What types of compensation can I pursue in a delayed C-section birth injury case?

In a delayed C-section case, you could be entitled to compensation for your medical expenses, including the costs of hospital care, surgeries, medications, and ongoing therapy.

You can also seek compensation for future medical needs, such as expenses related to assistive equipment, home modifications, or long-term care.

If the injury affects your child’s ability to work later in life, you may be able to claim compensation for their lost earning potential.

Parents can also recover money for their own income losses if they had to stop working to care for the child.

Compensation for non-economic losses, such as pain and suffering or lost enjoyment of life, could also be available.

What experience do your attorneys have with delayed C-section lawsuits in Illinois?

The delayed C-section lawyers at Salvi, Schostok & Pritchard P.C. have decades of experience handling birth injury cases across Illinois. We secured one of the largest birth injury awards in state history – a $50.3 million jury verdict for a child injured by a delayed C-section. Our legal team understands the medical issues involved in these cases and knows how to present complex evidence to a jury. We work with respected medical experts to prove negligence and hold providers accountable. We prepare each case for trial from the start, which allows us to negotiate from a position of strength and pursue the maximum recovery for our clients.