How Delayed C-Sections Lead to Birth Injuries in Nova Scotia Hospitals

When a doctor fails to perform a necessary C-section, the consequences for a newborn can be devastating. When a child is injured because medical providers failed to perform a necessary C-section, parents will need the services of a Halifax birth injury lawyer.

When Are C-Sections Necessary?

Doctors use a Cesarean section (C-section) to deliver a child by making an incision in the mother’s abdomen and uterus. A C-section becomes a life-saving intervention when complications arise, including:

1. Fetal distress, the most common reason for an emergency C-section, happens when a baby isn’t receiving enough oxygen, often indicated by an abnormal heart rate on the fetal monitor.

2. When labour is prolonged or arrested despite contractions, it increases the risk of injury.

3. Problems with the placenta or umbilical cord may limit oxygen and blood flow to the baby.

4. Cephalopelvic disproportion happens when a baby’s head is too large to move through the mother’s pelvis so baby gets “stuck” in the birth canal.

5. Maternal health concerns like infection, preeclampsia or eclampsia may necessitate a C-section.

Medical guidelines often recommend that medical providers perform an emergency C-section immediately upon deciding to operate. Any delay increases the risk of injury to the infant or mother.

How Do Delayed C-Sections Cause Injuries?

Oxygen deprivation (known as “birth asphyxia”) causes the common birth injuries associated with delayed C-sections. When a baby’s oxygen flow is compromised, permanent brain damage may be the result.

This brain damage often manifests as a condition called hypoxic-ischemic encephalopathy, which in turn is a leading cause of cerebral palsy. Cerebral palsy disorders can affect someone’s ability to move and maintain balance and posture as well as cause cognitive deficits.

Cerebral palsy is a permanent condition that ranges from mild difficulties to complete dependence on others.

How Can Cerebral Palsy Affect a Child?

A child with cerebral palsy caused by a delayed C-section may experience:

1. Cognitive and developmental delays, including intellectual disabilities, learning challenges, and speech problems.

2. Motor impairment, including difficulty with coordination, controlling the muscles, and walking.

3. Seizures, a common comorbidity with severe brain injuries.

4. Sensory issues, including vision or hearing problems.

What Other Injuries Can Delayed C-Sections Cause?

A lack of oxygen during the delivery process and a delayed C-section can lead to other injuries, including:

1. Periventricular leukomalacia: Brain damage that affects the brain’s white matter and leads to motor deficits.

2. Intracranial hemorrhage: The trauma of prolonged labour may cause bleeding within the skull.

3. Fetal stroke: A fetal stroke can block the flow of blood to a baby’s brain.

Why Are C-Sections Delayed?

A delayed C-section may be the basis for a medical malpractice claim. Reasons for a delayed C-section may include:

1. A doctor’s failure to recognize or act on signs of fetal distress;
2. Miscommunication among the medical team; and
3. A lack of operating rooms or anesthesiologists.

Regardless of the reason, if the delay of a necessary C-section falls below the accepted “standard of care” for a medical professional, the delay may constitute medical malpractice.

What Are the Options for Parents of Injured Newborns?

When a child sustains a birth injury due to a delayed C-section, the emotional, psychological and financial toll on the parents is immense. A medical malpractice lawsuit is often the only way to obtain the resources parents need for a child’s future.

Pursuing a birth injury claim in Nova Scotia is challenging. To succeed, a Nova Scotia birth injury lawyer must prove:

1. What the expected standard of care was for the care providers (nurses, doctors and hospital staff);

2. The defendant(s) breached the accepted standard of care: The accepted standard is the care a competent professional provides in similar cases. Your lawyer may have to prove that the defendant(s) should have acted sooner.

3. There is a direct causal link between the child’s injury and the breach of the standard of care. Establishing a direct link requires medical experts who can state that, “but for” the delay, the baby would not have suffered the injury.

The Role of Medical Experts and Evidence

Medical malpractice lawsuits typically rely on expert testimony. Parents and their Halifax birth injury lawyer must have independent medical professionals review the case. These experts will examine pertinent medical records, including:

1. Prenatal records to assess pre-existing conditions or risk factors;
2. Delivery notes to review the timeline of decisions the medical team made; 
3. Electronic fetal heart rate tracings;
4. Any head imaging done after delivery; and
5. Post-natal records to document the nature of the injuries.

Based on this evidence, medical experts can provide an opinion on whether the defendant(s) breached the accepted standard of care and whether the breach caused the injury.

Is There a Deadline for Filing a Lawsuit?

The Limitations of Actions Act sets a deadline for filing a medical malpractice claim. A medical malpractice lawsuit usually must be filed within two years from the date the injury was, or should have been, discovered.

There’s an exception for minors. When a child suffers a birth injury, the two-year limitation period doesn’t begin until the child reaches the age of majority, which in Nova Scotia is 19.

Still, parents should contact a lawyer as soon as they suspect a birth injury. A prompt investigation is crucial for gathering and preserving evidence, as memories fade and medical records may become difficult to access over time.

What Damages Are Available?

In a birth injury lawsuit, defendants may include the obstetrician, the delivery team, and the medical facility. A hospital may be liable for the negligence of its employees or for its own failures, such as poor staffing or inadequate policies.

If your lawsuit prevails, the compensation the court awards covers both economic and non-economic damages:

1. Economic damages are quantifiable losses, including the cost of hospital stays, surgeries, therapies (physical, occupational, speech), and medications. Economic damages include projected future medical expenses and lost earnings.

2. Non-economic damages include compensation for psychological and physical suffering and pain and for the loss of enjoyment of life.

Let McKiggan Hebert Lawyers Represent Your Family

How can you choose a Nova Scotia birth injury lawyer who can win justice for your child? The award-winning lawyers at McKiggan Hebert have decades of experience prevailing for families with children who have suffered birth injuries.

If you move ahead with a medical malpractice lawsuit, you will owe no lawyer’s fee to McKiggan Hebert Lawyers until we recover the compensation your family needs.

Money can’t change what has happened, but your family has the right to compensation for your medical costs and other damages. Contact McKiggan Hebert Lawyers by calling 902-706-2298 and scheduling a no-cost case evaluation.