Legal Representation for Mothers and Children Injured During a Cesarean Section

C-sections are often a necessity due to errors or issues that arise during childbirth. While this procedure is carried out every day, without negative consequences for the mother or the newborn, in some instances there can be problems that occur due to a C-section. When mistakes are made, the life of the child and the mother can be in danger, and even if both parties end up healthy afterward, some complications can have long-term impacts that might not be readily apparent.

If you or a loved one has suffered injuries due to medical malpractice that occurs during a C-section in New York, then call a NY birth injury attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP today at (212) 986-7353. Discuss your situation with us and we can help you understand your rights and explain the options available to you. Make sure that you and your family are properly compensated for any injury and protect the ones you love.

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Is a C-Section Dangerous?

While any medical procedure or surgery does have some inherent risks to it, in general a C-section is typically quite safe. It can be planned out ahead of time due to certain factors involving the position of the baby or previous births and medical issues with the mother. Sometimes a C-section is performed as an emergency procedure, in which case there may be more scrambling by the medical staff to ensure it is done properly. In either case, so long as doctors and nurses follow the proper steps, a C-section can be performed without issue. When things are not done properly, however, then complications can arise due to medical malpractice.

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What Are the Risks to the Baby?

There are a few risks to a baby when a C-section is performed, so proper action by the medical staff is vital. Breathing problems are among the most common issues that can arise for a child after birth via C-section. In particular, an issue called "transient tachypnea" can occur, which is a breathing problem that involves rapid breathing during the first few days after birth. If a C-section has to occur too early in pregnancy, it is also possible that a child's lungs have not fully formed and that can result in other respiratory issues. With proper care after birth, these issues can be managed and the health of a newborn can be protected.

There is also the potential for injury to a child as it is born during a C-section. This is, thankfully, quite rare, but it is possible for a baby to be slightly cut while the C-section is performed. Such injuries are almost always superficial, but still require proper care after birth. Many of the dangers of vaginal birth, such as the baby becoming wrapped in the umbilical cord or excess stress and pressure placed on the child during birth, are avoided due to the nature of a C-section birth.

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What Are the Risks to the Mother?

There are quite a few potential risks to a mother during and following a C-section, which is typically a larger concern than those to the baby. Inflammation or infection to the uterus lining can occur, called endometritis, which can be very painful and cause a fever. Much like other surgical procedures, there is the potential danger of a harmful reaction to the anesthesia used during C-section. It is very important that the anesthesiologist perform his or her duties properly to avoid pain and suffering during and after childbirth.

Infections to the surgery site are possible and need to be properly monitored and treated, and surgical injuries can occur to the mother if the medical staff are not careful. Increased bleeding can occur during a C-section, though it is rarely a serious issue, but it should still be considered. Blood clots can also form, especially in the legs and pelvic region, which can be life-threatening if the clot travels to the mother's lungs.

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What Do I Do After a C-Section?

It is vital that you listen to all instructions from your doctor and other medical staff immediately following a C-section. They will provide you with information regarding how much you should move after surgery, what medications you might require, and how to fully mend. If your doctors made mistakes during childbirth, including not performing a C-section when it should have been done, then you deserve compensation for your pain and suffering. Call a New York personal injury lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP today at (212) 986-7353 if you believe medical malpractice caused any complications during a childbirth.

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Additional Information

Our Birth Injury Case Results

$10 Million - Suit Alleging Failure to Timely Perform C-Section

WRSMH attorney Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.

Philip Russotti

$6 Million - New York Birth Injury

WRSMH attorney, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth.

Philip Russotti

$4.75 Million - New York Fetal Distress

We claimed that the baby should have been delivered by emergency C-Section or forceps delivery. He was ultimately diagnosed with cerebral palsy and spastic quadriparesis.


$3.9 Million - New York Birth Injury Case

Attorney Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills.

Philip Russotti

$1.3 Million - Infant-Plaintiff Suffered Brachial Plexus Injury at Birth

WRSMH obtained a $1,300,000 jury verdict, after a three week medical malpractice trial in Staten Island, on behalf of a 6-year-old girl who suffered a brachial plexus injury known as Erb's palsy.


$1.08 Million - Injuries Sustained by Baby Girl at Birth

We claimed that the hospital was negligent for not intervening and performing a cesarean section in light of the mother's failure to adequately progress in labor.

Clifford Shapiro

Click here to see more NY Birth Injury Verdicts & Settlements