If your injury will take a significant amount of time to heal or is permanent, you might have ongoing treatment costs and travel expenses, or you might need time off work. It can also impact your ability to care for your baby.

If your baby’s injury will take a significant amount of time to heal or is permanent this may require ongoing treatment costs, travel expenses, and time off work for you to care for your baby and take them to appointments.

You might have been assured that the injuries to you or your baby were unavoidable or an inherent risk of your surgery, and in many cases, this may be the case. But if you have doubts, read on to learn about your options. 

In this article, we’ll help you understand where the inherent risk ends and possible negligence begins, and how to work out which applies to you. Negligence can occur before, during, or after your c-section.

You might need more time off work to recover than was expected, or your partner may need to take time off to care for you and your baby. You or your baby might also be facing costly treatments or life-changing injuries that affect your ability to work permanently. Read on to learn about your entitlements to compensation, which can be significant.

Your risk of blood clots increases after a c-section, particularly in the legs (DVT – deep vein thrombosis) and lungs (pulmonary embolism). If procedures to help prevent these such as the use of compression stockings, hydration, getting you moving as soon as possible, or use of medication to help prevent blood clots aren’t followed this could constitute medical negligence.

After a c-section, you have an increased risk of infection both where the incision is (SSI – surgical site infection) and within the pelvic cavity (e.g. endometritis – infection of the uterine lining). If infection control isn’t followed correctly before, during, or after your surgery your risk is increased, and medical staff may be found to be negligent.

During surgery, you’re at increased risk of acute injury to nearby organs such as the bladder, kidneys, and intestines. If your surgeon used improper technique, or you didn’t receive post-operative monitoring to look for signs of complications, or even if you weren’t properly informed of the surgical risks before the c-section then medical negligence may have occurred.

Excessive internal bleeding can happen during or after your surgery. You might need a blood transfusion and other interventions to control this. If these procedures are delayed serious consequences could occur and medical staff could potentially be found to be negligent.

All surgical procedures carry risks. In the case of caesarean sections, the main risks to you are the re-opening of the incision after stitches (wound dehiscence), incision tears, a localised collection of blood outside blood vessels (haematoma), and collection of clear fluid (seroma), rupture or lacerations to the bladder, bowel, kidneys, and intestines. However, if you’re injured as a result of lack of care and skill by surgical staff, this could amount to negligence.

If your c-section is delayed for too long there is the possibility that your baby may suffer from an anoxic or hypoxic brain injury caused by lack of oxygen to the brain. This can lead to many complications such as cerebral palsy and other disabilities, and even death. Unless there’s an unavoidable reason for the delay this could amount to medical negligence.

Babies delivered by c-section are more likely to have breathing difficulties after birth than those delivered vaginally. These usually get better after a few days, but some babies need extra support in the neonatal unit.

If your c-section is delayed this can lead to an increased risk of bone fractures and breaks during the delivery of your baby, such as to the skull, collarbone, femur, or humerus. If there’s evidence of excessive and inappropriate force or poor technique this could constitute medical negligence.

Cerebral palsy affects the brain’s control over muscles and the nervous system. It develops due to brain damage shortly before or during birth. If your c-section was delayed resulting in a lack of oxygen to your baby’s brain this can happen. This is a lifelong condition and if the delay was avoidable then this could amount to medical negligence.

This is a birth injury caused by nerve damage to the shoulder, arm and/or hand.  For many babies they will make a full recovery with treatment, but it can cause permanent muscle weakness or even paralysis in some cases.  One of the most common causes of Erb’s palsy is shoulder dystocia which happens when the baby’s shoulder is caught behind the mother’s pubic bone. When a medical professional pulls on the baby to release it can cause damage to the nerves in the shoulders.  C-sections are a risk factor for this condition. If the force applied was excessive or the technique used was inappropriate then this could be medical negligence.

Lacerations and other damage to your baby’s skin can happen when instruments like forceps or scissors, which are used during a c-section delivery, cut your baby’s skin.  The baby’s eyes, face, arms and other exposed areas are most at risk of being cut or torn by negligent surgical technique, and these lacerations have been linked to a variety of other serious conditions including scarring, infections, facial nerve paralysis and cervical spine injuries.