Who are the potential defendants in a delayed C-section case?

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delayed c-section birth injury lawsuitIf 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:

  1. 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.
  2. Doctors. If doctors fail to diagnose a medical emergency or fail to promptly treat the medical emergency, they may be negligent.
  3. 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.

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