Posted On: June 2, 2009 by Baker Associates

Tennessee Birth Injuries: C-section or Cesarean Section

A Cesarean section or c-section is often performed during the delivery of a baby. Vaginal births are still more common, but sometimes, a c-section becomes medically necessary when a problem or abnormality occurs. In terms of liability, a doctor may be liable for failing to timely perform a c-section when it is medically necessary, performing a c-section when it is not medically necessary, making a careless mistake during a c-section, or failing to provide adequate post-operative care.

If you, your child, or a loved one has suffered from a birth injury resulting from a c-section or Cesarean section in Tennessee, you should call an experienced Knoxville medical malpractice attorney at Baker Associates today.

According to the AMA, a c-section procedure is necessary under certain circumstances, including:


  • Abnormal development of the fetus

  • The mother is having twins, triplets or more

  • The mother has genital herpes, HIV or other sexually transmitted disease

  • The fetus has an abnormal heart rate

  • Baby is too large for mother’s pelvis

  • Baby is in the “breech” position

  • Baby entangled in umbilical cord


Failure to recognize such circumstances creates a significant risk of permanent and serious injury or wrongful death in Tennessee to the mother and the baby. In some cases, the failure to perform a timely c-section results in cerebral palsy or Erbs palsy for the baby.

Sometimes a doctor performs a c-section but makes a careless error. Leaving instruments in the body, failing to maintain a sterile field, or making a careless incision, are all examples that have led to the mother bleeding to death or sustaining a serious and debilitating infection. If your doctor made a mistake while performing a c-section, you should consult a skilled Sevierville personal injury lawyer today.

Doctors also perform c-sections when they are not medically necessary. Because a c-section is a risky procedure, it should not be performed unless medically necessary. When performed unnecessarily and an injury is sustained, the doctor should be liable since the injury would not have occurred otherwise.

Mothers who receive c-sections must undergo post-operative care. If a doctor, nurse or hospital is negligent in providing post-operative care, then they are liable under Tennessee’s medical malpractice law. Breaches of duty common when post-operative injuries occur include:


  • Failure to monitor vital signs related to the patient's original condition or the effects of anesthesia;

  • Negligence in giving postoperative care instructions or negligent failure to follow them;

  • Failure to control bleeding or blood clots;

  • Problems with the full recovery of respiratory function; and

  • Failure to prevent or treat infection such as pneumonia or meningitis.


If you or your baby has suffered a birth injury, you will want a medical malpractice attorney in Tennessee on your side. Call Baker Associates at 866-853-2888 for a free consultation.

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