Caesarean Section Claims

A Caesarean Section (also referred to as a C-Section) is a common procedure which allows a doctor to deliver a baby through an incision in the abdomen.  This method is typically chosen where there is a risk to the mother or baby of a vaginal delivery.  In some cases, the mother may have elected to undergo a C-Section instead of a vaginal delivery due to preference.

The operation usually takes around one hour and may involve a spinal-block (which prevents all pain below the location of the block) or a general anaesthetic.  Your anaesthetist should explain the options and recommended approach to you.  The surgeon will make an incision across the abdomen of approximately 10 – 20cm, and then another cut across the womb which contains the baby.  The baby will then be carefully lifted from the womb and handed to you.  You will then be given an injection a hormone which will allow the womb to contract.  Following the procedure, your wounds will be sutured and covered to prevent infection.

Injury may be caused by delays in carrying out a C-Section, leading to complications including a lack of oxygen.  If a C-Section is necessary due to the risk of a vaginal birth (e.g. if the birth canal is too narrow for the size of the baby), if labour has already started, delays can mean the head of the baby being under excessive pressure, leading to brain damage.

Injuries to the mother during a Caesarean / C-Section may be caused by:

• Internal injuries caused by the procedure (e.g. perforation in organs (bowel, bladder, ureter, artery)
• Bowel damage leading to urinary incontinence
• Nerve damage leading to numbness
• Excessive bleeding
• Uncontrolled infection
• Errors made when administering anaesthesia

Injuries to the baby during a Caesarean/C-Section may be caused by:

• Lacerations to the baby when cutting through the lining of the womb
• Bone and skull fractures
• Brachial plexus damage (a bundle of nerves which control the arms)
• Nerve damage – including facial nerve palsy

To make a compensation claim for Caesarean injury, speak to one of our C-Section compensation solicitors who will take the time to listen to the details of your case in an empathetic and caring manner and advise if you have grounds for a claim.  They will assess if you were owed a duty of care, whether the duty of care was breached, and whether breaching the duty of care caused your injuries.  If these three facts are established and can be backed up with appropriate medical evidence, it may then be confirmed that you have a valid claim.

Your solicitor will handle your case for you, including collating the necessary evidence (medical records and correspondence) and will write to the organisation responsible for your care laying out the grounds for your medical negligence claim.

Yes; the ‘Limitation’ period to bring a claim for medical negligence is commonly three years from the date of the injury or three years from your date of knowledge of the injury.  This means that if you only became aware of the injury caused to you or your baby weeks, months, or even years after the injury was caused, the three-year period may only start to run from that date. You should contact a specialist maternity claims solicitor as soon as possible in order to avoid missing this date.

Yes. Devonshires Claims can provide:

• ‘No Win No Fee’ claims service for Caesarean / C-Section injury compensation claims.
• ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.

If you win your case you will pay a maximum of 25% from your damages in Solicitor’s fees**.

Read our ‘No Win No Fee’ medical negligence claims explainer for more information.

Medical negligence injury claims are rarely completed quickly.  The timescale for a Caesarean injury claim will depend on individual circumstances of your case; however, most cases commonly take between two and three years to fully conclude.  Factors which will affect how long your claim takes may include:

• how severely you or your child were injured
• the prognosis
• whether ongoing care is required
• how much rehabilitation is needed
• whether you require costs to cover home modifications
• Whether the defendant admits liability (if they do, claims can usually be concluded much faster).

Compensation claims for Caesarean Section mistakes and injuries not only reflect the pain and suffering experienced but also:

• Allow victims to obtain justice for the mistreatment and negligence they experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide families with an explanation of the incident and an apology if failings are acknowledged

The compensation payment will depend on several factors:

• The pain and suffering of the victim
• The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
• Any financial losses resulting from the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
• Any future financial losses, e.g. loss of earnings, loss of promotion prospects, pension

Compensation for Caesarean Section negligence or injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life – for you and/or your child.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.