C-Section Error Attorneys in San Antonio

Aggressive Representation for the Victims of C-Section Errors in Texas

About one-third of all births are completed with a cesarean section. Failing to order a C-section during a particularly traumatic labor or after noting fetal distress can endanger both the mother and the baby. While C-sections are common, complications can arise. The procedure involves cutting through a mother’s abdomen and uterine wall to extract the baby.

If you or your baby has suffered because of medical negligence, you can turn to Maloney Law Group, P.L.L.C. for advocacy. We advocate for clients in San Antonio. As a boutique firm, you will speak directly with an attorney about your case. Medical malpractice is the focus of our practice.

On This Page

• Risks of a C-Section
• Failing to Perform a C-Section
• Legal Rights of Parents After Birth Injuries
• Importance of Timely Action in Birth Injury Claims
• Frequently Asked Questions
• How to Prove Negligence
• Contact Our San Antonio C-Section Injury Attorney Today

Risks of a C-Section

While C-sections can be medically necessary, they come with significant risks. The procedure must be done with extreme caution. Like any major surgery, there is the possibility of organ damage or excessive bleeding.

Beyond immediate surgical risks, there are potential long-term concerns for mothers who have undergone C-sections. Mothers may experience adhesion of internal organs, which can lead to chronic pain or fertility issues. There is also evidence suggesting that C-section deliveries can impact future pregnancies, increasing the risk of placental issues or uterine rupture in subsequent labors. Understanding these risks is crucial for both patients and healthcare providers. C-sections may be recommended when the circumstances support surgical delivery and should be conducted in accordance with the applicable standard of care.

Not every complication is the result of negligence. Some risks are known and accepted features of cesarean delivery. The relevant question is whether the care provided fell below the applicable standard under the circumstances. Injuries that become apparent during recovery or later follow-up care can still be worth reviewing, particularly when they trace to a surgical technique issue, an anesthesia error, inadequate monitoring, or a failure in post-operative care.

Other risks include:

Even the baby is at risk of lacerations during the extraction. Newborns may also suffer oxygen deprivation or other harm when delivery is delayed or fetal distress is not addressed promptly. The care provided should be evaluated under the applicable standard of care for the mother and infant.

Failing to Perform a C-Section

If your baby is in fetal distress (tangled in the umbilical cord, irregular heartbeat, changing blood pressure) your doctor may order a C-section. Without medical intervention, the baby could suffer damage to the brain or central nervous system. Prolonged fetal distress reduces oxygen delivery to the baby and may contribute to serious injury, including hypoxic-ischemic encephalopathy, a brain injury that occurs when oxygen or blood flow to the brain is reduced or stopped around the time of birth.

Preeclampsia, placenta previa, and placental abruption are all serious conditions that may require an emergency C-section. Each of these afflictions can put both mom and baby in danger. Doctors may also choose to order a C-section if the mother is having twins or if the baby is breech (not facing the proper way to move through the birth canal).

There are various indicators that may highlight the need for a C-section. Expectant parents should be aware that prolonged labor without progression, maternal health concerns such as gestational diabetes, or stalled delivery due to a too-large baby can also necessitate surgical intervention. Effective and timely decision-making by medical professionals is crucial. When signs of fetal distress are present, any delays in performing a C-section can exacerbate the complications, leading to more severe outcomes. Hence, healthcare providers must maintain vigilance and respond promptly to indicators that surgery may be the safest option.

Delay can occur at multiple points: failure to recognize warning signs on fetal heart rate monitoring, failure to escalate care to the surgical team, delay between the decision to operate and the first incision, or a breakdown in communication among delivery personnel. A full medical review considers the timeline from early warning signs through delivery, not only whether surgery was eventually performed.

Legal Rights of Parents After Birth Injuries

Parents in San Antonio experiencing birth injuries may have legal options for seeking compensation for the harm caused. When a birth injury occurs due to a healthcare provider’s negligence or failure to act timely, families may face both emotional and financial challenges. Under Texas law, parents can file a birth injury claim to seek damages for medical expenses, long-term care needs, emotional distress, and more. Understanding these rights can help families evaluate their options.

A claim may involve a physician, hospital, nursing staff member, anesthesiology provider, or another member of the care team whose conduct contributed to the injury.

Potential damages may include:

• Past and future medical care
• Therapy
• Assistive needs
• Lost income
• Pain and suffering

When a child requires long-term or lifelong care, those ongoing needs are part of the picture. The availability and value of damages depend on the evidence, the injuries, the parties involved, and Texas law.

We provide personalized attention to families pursuing a birth injury claim.

Importance of Timely Action in Birth Injury Claims

Acting swiftly in the aftermath of a birth injury is crucial. Texas health care liability claims are subject to statutory deadlines, and the applicable deadline can depend on who is filing, the date of the conduct or treatment, and other case-specific facts. Under the Texas Civil Practice and Remedies Code, health care liability claims are generally subject to a two-year limitations period. Minors under 12 have until their 14th birthday to file. A separate 10-year statute of repose also governs these claims, subject to statutory details and exceptions. Because the applicable deadline depends on the specific facts, families should not assume a universal rule applies to their situation.

Failing to file within the applicable window may bar a claim. At Maloney Law Group, P.L.L.C., we emphasize the importance of early consultation to discuss legal options.

Families should preserve:

• Prenatal records
• Fetal monitoring strips
• Nursing notes
• Operative reports
• Anesthesia records
• Discharge records
• Any follow-up treatment information

Early review helps identify the relevant timeline, the potential parties, the medical evidence, and the legal issues specific to the claim.

Frequently Asked Questions

What Should I Do If I Suspect a Birth Injury?

Keep detailed records of medical treatments, symptoms observed, and communications with healthcare providers. Seeking a second opinion from another medical professional may provide clarity. Contacting a knowledgeable birth injury attorney can provide guidance tailored to your situation and help determine the next steps. At Maloney Law Group, P.L.L.C., we offer free initial consultations to discuss your concerns and explore your options without any obligation.

Can I Sue for a Birth Injury Caused During a Home Birth?

A birth injury claim may be possible when a home birth involved negligence or a failure to meet the applicable standard of care on the part of the attending healthcare professionals. Cases involving home births may involve different legal elements depending on who attended the birth and the specific circumstances. Consulting with a legal professional helps assess whether a claim may be viable. Our team understands the unique aspects of home birth claims and can offer insights on how to proceed.

How Does Texas Law Address Birth Injury Claims?

Texas law may permit victims of birth injuries to file a health care liability claim against negligent parties such as hospitals or healthcare professionals. Texas imposes caps on certain non-economic damages, and applicable statutory deadlines can vary depending on the claimant and the facts. Because these rules are detailed and fact-dependent, timely legal consultation is important.

What Compensation Can Be Awarded in Birth Injury Cases?

Potential damages can include medical expenses, therapy costs, long-term care, and pain and suffering. Depending on the circumstances, they may also include lost wages for parents who need to become caregivers and expenses to adapt living environments for ongoing care. The exact value of a birth injury claim varies based on the specific facts.

How to Prove Negligence

Here’s how negligence is typically established in these cases:

Establish a Duty of Care

You must show that a doctor-patient relationship existed. This means that the healthcare provider owed you a legal duty to provide care that is consistent with accepted medical standards. In a C-section context, this includes obstetricians, nurses, anesthesiologists, and other staff involved in the delivery.

Prove a Breach of the Standard of Care

Next, you must demonstrate that the provider failed to act as a competent medical professional would have under similar circumstances.

Examples of negligence in C-section cases include:

• Failing to perform a timely C-section despite signs of fetal distress.
• Improper surgical technique that causes internal injuries or excessive bleeding.
• Medication errors, such as the incorrect administration of anesthesia.
• Failure to monitor the baby or mother before, during, or after the procedure.
• Communication failures among delivery personnel that delayed a decision to operate.

Medical professionals are typically needed to testify about what a competent doctor would have done and how the defendant’s actions fell short.

Show Causation

It’s not enough that a mistake occurred. You must prove that the provider’s breach directly caused the injury. For example, if a delay in executing a C-section caused oxygen deprivation leading to a baby’s brain injury, there must be a clear medical link between that delay and the resulting harm. Medical records and follow-up evaluations can be important evidence.

Prove Damages

Finally, you must show that you or your child suffered actual damages because of the negligence.

This can include:

• Additional medical expenses (surgeries, therapy, long-term care)
• Pain and suffering
• Lost income or future earning capacity
• Permanent disability or developmental issues

Contact Our San Antonio C-Section Injury Attorney Today

Here at Maloney Law Group, P.L.L.C., we offer personalized attention and compassionate representation to our clients. After more than 30 years of legal service in San Antonio, we truly care about this community. We can take the time to thoroughly research your case and bring in medical professionals to assist with the investigation. Whether we are able to settle outside of court or have to go to trial, our San Antonio birth injury attorneys are ready to fight for you.

As members of the San Antonio community, we provide information and support to help clients make informed decisions and collaborate with medical professionals when building each case.