Is it malpractice not to perform a C-section?

On Behalf of | Jul 30, 2024 | Medical Malpractice |

No doctor wants to perform unnecessary surgery – and no woman wants to have one. However, childbirth is fraught with dangers for both the mother and baby, and C-sections can be life-saving.

Is it malpractice when a C-section isn’t performed and the mother or baby suffers from a birth injury? Maybe. Here are the basics that need to be considered:

Understanding what medical malpractice means

Medical malpractice occurs when a health care provider deviates from the acceptable standard of care, which varies according to the situation. In the case of a delivery, the standard would be defined by what any other reasonably competent obstetrician would do under similar circumstances. When this standard isn’t met, medical negligence may be a real possibility.

What kinds of situations call for a C-section? In general, a C-section should at least be considered when:

  • The pregnancy involves multiples, like twins or triplets
  • The baby is in the breech position when labor begins
  • The baby is particularly large or the mother is particularly small
  • Labor is simply not progressing despite the use of oxytocin or other interventions
  • The mother has had C-sections with her previous pregnancy
  • The mother has other health conditions, like preeclampsia or certain autoimmune conditions, that make vaginal delivery dangerous
  • There are issues with the pregnancy itself, such a placenta previa or placental abruption

In general, any time there are signs of fetal distress as evidenced by reduced fetal movement or abnormal heart rate patterns shown on fetal monitoring devices, a C-section may be the only acceptable option. 

While C-sections are major surgeries with their own risks, the alternative can be a lot riskier. If you believe that your child was injured because your OB/GYN did not consider a C-section in time to prevent harm, it may be wise to seek legal guidance.