If your baby was hurt because your Caesarean section (C-section) was delayed, you may be able to file a birth injury case and your baby may be able to recover damages for the injuries that were suffered. However, before your baby can make such a recovery, you have to know exactly why the C-section was delayed and who is legally responsible.
The Defendants Are Not the Same in Every Case
Instead, the person or facility that should be named as a defendant in your case depends on why your C-section was delayed. Depending on the facts of your case, the defendant(s) may include:
- Nurses. If nurses fail to check on a laboring mom frequently enough, fail to identify a baby (or mother) in distress, or fail to notify a doctor of any concerns in a timely manner, they may be negligent.
- Doctors. If doctors fail to diagnose a medical emergency or fail to promptly treat the medical emergency, they may be negligent.
- Hospitals. If hospitals fail to have operating rooms, staff, medications, or other necessary provisions ready for emergency C-sections, they may be negligent.
More than one defendant may be named in your lawsuit if more than one person or facility was legally responsible for your delayed C-section and your baby’s injuries.
Get the Evidence You Need Before You File a Case
If you file a case against someone who is not legally responsible for what happened to your child, you can expect the defendant you name to file a motion to dismiss with the court. The court will likely grant the motion and dismiss your case without awarding any recovery to your child.
Has Your Family Been Impacted By A Birth Injury?
If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.