Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What standard of care applies when a doctor delays or refuses a c-section in New York?
New York obstetricians must follow the standard of care that a reasonably skilled OB would apply under the same circumstances. When fetal monitoring shows signs of distress—such as a prolonged deceleration, cord compression, or category III tracings—the standard generally requires prompt intervention, including an emergency cesarean. Failure to recognize these warning signs or unnecessary delay in calling for a c-section can constitute a departure from accepted medical practice and form the basis of a malpractice claim.
What injuries can result from a failure to perform a c-section?
Delayed or omitted c-sections can cause catastrophic birth injuries to the newborn, including hypoxic-ischemic encephalopathy (HIE), cerebral palsy, brain damage, stillbirth, and organ damage from oxygen deprivation. Mothers may also suffer serious harm, such as uterine rupture, hemorrhage, or placental abruption complications. The severity of injury often depends on how long the fetus was deprived of adequate oxygen before delivery was achieved.
How long does a family have to file a failure-to-perform c-section lawsuit in New York?
For adult plaintiffs, New York’s medical malpractice statute of limitations is generally 2.5 years from the date of the malpractice or from the end of continuous treatment (CPLR §214-a). Critically, when the injured party is a child, CPLR §208 tolls the statute of limitations until the child turns 18, meaning a claim can typically be brought until the child reaches age 21.5. Because these deadlines are complex and fact-specific, consulting a New York attorney as early as possible is essential.
What must be proven to win a failure-to-perform c-section lawsuit in New York?
A successful malpractice claim requires proving four elements: (1) a doctor-patient relationship establishing a duty of care; (2) a departure from the accepted standard of obstetric care—typically established through expert medical testimony; (3) a direct causal link between that departure and the injuries suffered; and (4) measurable damages, including medical expenses, lost future earnings, pain and suffering, and, in cases of permanent disability, the lifetime cost of care. New York requires a certificate of merit affirming that a qualified expert has reviewed the case before it may proceed in court.