Your helpful guide to C-section negligence claims

While the vast majority of C-section procedures are conducted safely with no long-term harm for the mother or the baby, sometimes treatment falls below an acceptable standard.

Some of the most notable instances of caesarean section negligence include:

Failure to perform a C-section

First, if your healthcare providers refuse to perform a C-section when it is the best course of action for you and your baby, that can amount to negligent treatment.

In the landmark case Montgomery v Lanarkshire Health Board (2015), the Supreme Court ruled that whenever there is a greater risk associated with a vaginal birth, a woman should always be offered a caesarean birth. 

Furthermore, the National Institute for Health and Care Excellence (NICE) guidelines state that if a woman requests a caesarean birth, her doctors should support this if they believe she is making an informed choice.

Delayed emergency C-sections

Similarly, healthcare professionals may be considered negligent if there is a preventable delay in performing an emergency caesarean section.

As noted earlier, an emergency C-section may be required if the labour stalls, the baby experiences distress or there is a breech presentation.

If obstetricians, midwives or other healthcare workers fail to monitor the labour properly or incorrectly persist with a natural birth, it can have serious repercussions for the mother and her baby, including hypoxic brain injuries due to oxygen starvation.

Fetal distress mismanagement

If during a caesarean section the surgeon or supporting staff miss signs of fetal distress, such as decreased movement or abnormal heart rates, or fail to react quickly enough, this can also lead to serious injuries to the baby during delivery.

Surgical errors during a C-section

Every surgical procedure carries an inherent risk. If the surgeon mistakenly punctures nearby organs (such as the bladder or bowel), causes avoidable internal damage or misuses surgical instruments, this can result in serious maternal injuries during the caesarean section.

Other examples of surgical errors are lacerations to the baby when performing the incision, or leaving instruments inside the body post-procedure.

Improper administration of anaesthetic

Administering the wrong dose of anaesthetic for the C-section may result in the patient experiencing pain or waking during the surgery, known as anaesthesia awareness.

Another example of this obstetric negligence is not checking the patient’s medical records and providing anaesthesia that causes an adverse or allergic reaction.

Poor stitching or wound closure

If the mother is poorly stitched up following the C-section, it may result in the wound reopening, bleeding, hernias and avoidable scarring.

Improper post-operative care

Like any surgical procedure, it is vital that the patient is attentively monitored post-operation. Failing to do this could result in infections contracted post-surgery being missed, or dangerous complications such as sepsis or internal bleeding.

Lack of informed consent

Finally, if the mother is not adequately informed of the risks and ramifications of undergoing a caesarean section, and has a poor outcome, this could also be grounds for a birth injury negligence claim.

Who can be responsible for C-section negligence?

Negligence during a caesarean section may involve several healthcare professionals, including (but not limited to):

• Obstetricians
• Midwives
• Nursing staff
• Surgeons
• Anaesthetists
• Maternity ward staff

It is also important to note that you can claim negligence against both NHS and private healthcare providers.

Now you know notable examples of caesarean section negligence and the harm these scenarios may cause, below we answer the most pressing questions about making an obstetric negligence claim.

How do you prove C-section negligence?

Proving obstetric negligence in any case essentially comes down to three key elements:

1. Duty of care: Did your healthcare providers breach their duty of care to you?
2. Injury: Did you suffer pain, injury, loss or damage during your treatment?
3. Causation: Was your suffering a direct result of the breach of duty of care?

A successful claim requires all three of the above criteria to be proven. For the breach of duty of care, you must demonstrate that the standard of care you received fell below what a competent medical professional in the same field would have done.

To prove causation, you must show that there is a clear link between the negligent care and the harm you experienced, judged on the Balance of Probabilities (i.e. it is more likely that negligence caused your harm than not).

As highly experienced birth injury claim solicitors, we will investigate a wide range of evidence to prove that our client’s injuries were the result of negligence, including:

• Medical records
• Personal and witness statements
• Photographs and visual evidence
• Financial documents
• Independent medical expert reports

Independent medical expert reports are particularly critical for proving both breach of duty and causation, which is why we maintain an extensive network of relevant experts to deliver the most accurate and useful information possible.

Is there a time limit to make a C-section negligence claim?

The limitation period for medical negligence cases is typically three years from the date of the injury, or the date that the patient should have been aware of an injury (the Date of Knowledge).

This would be the limit for the majority of mothers injured during their C-section. However, if the baby is injured in the procedure, they would have until their 21st birthday to make a claim (three years after they legally become an adult).

Another exception is that if the claimant lacks adequate mental capacity, such as in a Cerebral Palsy negligence claim, there is no time limit attached.

How long does it take to settle a C-section negligence claim?

There is no single answer to this, as the length of your C-section negligence claim depends on several factors:

• The nature and complexity of your injuries
• Whether the injuries affect the mother or the baby (or both)
• The number of medical experts that must be contacted
• The defendants’ position on liability and compensation

In most cases, we would expect C-section claims for the mother to take between two and five years to reach a final settlement. For C-section claims involving children, it may take significantly longer, as it will often take time to assess the long-term impact of their injuries.

These are just rough estimates, as every claim is unique. At Gadsby Wicks, we will keep you informed at all times so you know how your case is progressing.

How much does it cost to make a C-section negligence claim?

The cost of making a claim will depend on the funding options offered by your solicitors. We firmly believe that someone’s financial circumstances should never act as a barrier to the justice they deserve.

This is why we work on a no-win, no-fee basis. You pay nothing upfront and we will not receive a penny unless your claim is successful. Plus, our success fee will be taken from your final settlement, so there is zero financial risk for you at any stage.

How much compensation can you recover in a C-section negligence claim?

There is no one-size-fits-all answer to this question, as it depends on several factors:

• The nature and severity of the injuries sustained
• The long-term consequences of the injuries (care requirements, future procedures, impact on future earnings, etc.)
• The direct financial losses sustained as a result of the negligent treatment

For these reasons, compensation must always be determined on a case-by-case basis. Birth injury compensation is divided into two main categories:

1. General damages, which cover the claimant’s pain, suffering and loss of amenity (PSLA)
2. Special damages, which cover present and future expenses caused by the claimant’s injuries

Special damages are usually where the greatest variations in compensation are found, as they depend on the specific consequences felt by the claimant. These damages often cover expenses such as:

• Loss of earnings
• Long-term care costs
• Medical aids and equipment
• Future procedures, treatments and therapies
• Medication costs
• Adaptations to the home and vehicles
• Travel expenses

For more information about compensation for C-section negligence, we encourage you to watch the Medical Negligence Matters episode on how compensation works.

Where do I start with my C-section negligence claim?

Before contacting a law firm about your C-section negligence claim, you may wish to do the following:

• Seek medical advice about your injuries
• Make notes about your experiences and symptoms
• Request copies of your medical records from your GP

This is not mandatory, but it can help your solicitors understand your circumstances and immediately start investigating the strength of your claim.

When you contact Gadsby Wicks, you are first interviewed by one of our experienced nurse advisers, who will listen to your story and take notes about your case. 

Your claim will be reviewed by our solicitors. If we believe you have a valid claim, you will be assigned one specialist clinical negligence solicitor to oversee your case, and be your direct point of contact from start to finish.

If you’d like to learn more beyond this, please read our dedicated claims process guide.