Can I Sue If My Doctor Fails to Order a Cesarean Section?

Posted on January 28, 2015 at 12:00pm by

Did you receive poor medical care during the birth of your child? Has the child lived with injuries because of botched delivery? Worse yet, did your child die because of mistakes made during his or her birth? Photo of an operating room

If your son or daughter struggles daily from a birth injury, or you tragically lost your baby during its birth, you must hold your medical provider liable.

Recently, a mother in Camden filed a lawsuit against a hospital after her son was pronounced dead shortly after his birth. According to, the woman claims in her lawsuit that problems with the child’s fetal heart rate were recorded prior to his delivery. The woman was reportedly told a Cesarean section would be needed.

However, even after the child showed “signs and symptoms of ongoing fetal distress,” a Cesarean section was not ordered until 10 hours into labor. The child was eventually born with a heartbeat below 60 BPM, which continually worsened until he died about 25 minutes later. The boy reportedly weighed 10 pounds, which was too large for a vaginal delivery.

The mother of the child is seeking $12 million in damages for expenses, physical and emotional trauma and punitive damages. The lawsuit names Cooper University Hospital and its attending medical staff as defendants.

Can I Speak to an Attorney If My Child Suffers a Birth Injury?

Sadly, aside from death, birth injuries can include cerebral palsy, brachial plexus injuries and brain injuries. Often, these injuries are preventable, as a doctor has a duty to order a Cesarean section if complications during the birthing process demand it. The failure of a medical provider to react in a timely fashion can have devastating, long-term consequences on a child and his or her mother.

For more information about medical malpractice and birth injuries, speak to our attorneys. In any case involving irresponsible medical treatment, you must make sure you have an experienced attorney representing you, so you can obtain the damages you are entitled to receive.

Donald G. Targan & Associates – Atlantic City Accident Attorneys

Targan Talk: According to the CDC, nearly 3 million Cesarean deliveries are performed in the U.S. each year.

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