When something goes wrong during a caesarean section, the results can be extremely severe. Whether a C-section was part of your birth plan, or an emergency C-section was needed, it is vital for midwives, doctors and other medical staff to meet all of the necessary standards and avoid the risk of complications. Unfortunately, if medical professionals fail to uphold these standards and you are subject to negligent treatment, there are many ways that a caesarean birth can go wrong. This can have a significant impact on both the mother and the unborn baby.

In such cases, it is often possible to make a medical negligence claim. This will depend on what exactly went wrong with your C-section and whether it meets the legal threshold of medical negligence, but there are several reasons to consider making a claim if you are eligible. A successful C-section negligence claim will compensate you for any pain, suffering, financial losses, and future needs related to your or your child's birth injuries. Claims can also lead to accountability and prevent similar incidents from happening to others.

Here, the experienced medical negligence solicitors at JMW explain the things you need to prove to succeed in a medical negligence case, offer some examples of negligence that could lead to a C-section claim, and outline the ways in which claiming compensation can support you in your recovery or the aftermath of a birth injury.

What Counts as Medical Negligence During a Caesarean Section?

A caesarean section can be a high-risk surgical procedure, especially when it must be carried out in an emergency. However, with the right medical care, C-section surgery can lead to a safe delivery of a healthy baby with minimal after-effects. Even when surgery must be carried out in an emergency situation - if, for example, a baby moves into breech position during delivery - doctors should approach a C-section with the potential risks in mind and take all of the necessary steps to protect the health of the mother and baby.

While it is easy to focus on the most serious injuries caused by mistakes during a caesarean, claims can be made in many different circumstances for a range of injuries. Examples of negligent care that could lead to a C-section claim include:

• A delayed decision to perform a C-section. This can happen if doctors fail to recognise or act on signs of foetal distress, a failure to progress in labour, or other complications with a vaginal birth. If this delay causes harm to the baby or mother, this could be grounds for a medical negligence claim.
• Surgical errors during the operation, such as cutting nearby organs (e.g. the bladder or bowel), leaving surgical instruments inside the body, or causing unnecessary internal damage.
• Misuse of tools and surgical instruments, which can result in brain damage to your baby causing serious developmental delay.
• Anaesthetic mistakes like administering the wrong dose, failing to monitor the patient properly, or not responding appropriately to adverse reactions. If doctors fail to check your medical records and you suffer an allergic reaction to medication, this can also constitute clinical negligence.
• Patients should  be monitored for infections post-surgery, and any symptoms should be acted upon urgently.
• Not recognising or properly managing heavy bleeding during or after the procedure, which could indicate a haemorrhage.
• Poor stitching or wound closure that leads to wound dehiscence (wound reopening), hernias, or avoidable scarring.
• Lack of post-operative monitoring of vital signs. This can lead to complications such as sepsis, blood clots, or internal bleeding in the mother, and lifelong conditions like cerebral palsy in the infant.
• An inadequate consent process where the patient is not informed of the risks and therefore cannot consent before the procedure.

If any of these failures result in physical or psychological harm that could have been avoided with proper care, they may form the basis for a medical negligence claim. While these are not the only examples of caesarean section mistakes that can entitle you to claim compensation, they indicate the range of mistakes that medical professionals can make that would enable you to claim. If you believe you suffered medical negligence because something went wrong during your caesarean section, contact an experienced solicitor for expert legal advice.

What Can Happen When a C-Section Goes Wrong?

Medical negligence during a C-section can lead to a range of serious health outcomes for both the mother and the baby. The amount of compensation you will receive depends to some extent on the nature of your injuries, and any of the following outcomes could entitle you to make a C-section negligence claim if they were caused by poor quality care:

For the mother

• Infections: Failure to spot and delayed treatment of infections can result in, sepsis or pelvic infections.
• Haemorrhages: Uncontrolled bleeding during or after the operation can be life-threatening and may require emergency surgery or blood transfusions.
• Bladder or bowel injuries: Mistaken incisions into surrounding organs can lead to lasting pain, infection, or the need for further surgery.
• Scar tissue: Poor surgical technique can cause internal scarring, which may lead to chronic pain or fertility issues.
• Anaesthetic complications: Errors with spinal, epidural or general anaesthetic can cause nerve damage, breathing issues, or long-term discomfort.
• Emotional and psychological trauma: Negligent care during a C-section can result in mental health conditions like post-traumatic stress disorder, anxiety or depression, particularly if the experience was frightening or life-threatening.

For the baby

• Lack of oxygen (hypoxia): Delays in delivery can lead to oxygen starvation, which increases the risk of brain injury and related conditions, including cerebral palsy.
• Physical injury during delivery: Poor technique can cause cuts, fractures, or nerve damage, particularly to the baby's face or arms. This can lead to conditions such as Erb's palsy.
• Long-term disability: Brain injury caused by a lack of oxygen or trauma at birth may lead to lifelong physical or cognitive impairments.
• Stillbirth or neonatal death: In the most severe cases, delays or mistakes during a C-section can lead to the loss of the baby.

These outcomes can have a lasting impact, and in many cases, they could have been avoided with proper care. Speak to the experts at JMW for a free consultation, during which we can discuss the circumstances of your caesarean section surgery and offer free initial advice on whether or not you are able to claim.

What Do You Need to Prove to Make a Medical Negligence Claim?

There are several components to a C-section claim, and you must prove that they all apply to be eligible for compensation. When you speak to a solicitor, they will discuss your circumstances and help you to determine the evidence you need to meet all of the following requirements. To make a claim for a C-section or other surgical procedure gone wrong, you must prove that:

A duty of care existed

We must show that the negligent party owed you a duty of care. This is usually straightforward, as medical professionals like doctors and midwives automatically owe this duty to their patients.

The duty of care is a legal obligation that requires a person or organisation to take reasonable steps to avoid causing harm to others. In healthcare, this means that medical professionals must provide care that meets accepted standards of practice and carry out medical procedures at a standard that could reasonably be expected by a competent professional. An NHS trust also owes a duty of care, and claims will usually be made at this level, rather than against a specific practitioner.

The duty was breached

We must prove that the standard of care you received fell below what is expected of a competent medical professional in the same field, and that therefore the duty of care was breached. To prove this, your solicitor will usually gather evidence, which could include:

• Independent expert medical evidence
• Your medical records
• Statements from you and your family

This is an opportunity to show that the care you received was not in line with accepted medical practice, or that you were unaware of any risks before agreeing to proceed with the caesarean section. Negligence is not the same as suffering harm - we must prove that mistakes were made by the medical team supervising your care.

The breach caused avoidable harm

Finally, we need to prove that the breach of duty caused an injury or made your condition worse. This is called 'causation'. You must show a clear link between the negligent care and the harm you experienced, including any physical and psychological conditions you developed. It is not enough that something went wrong; the negligence must have directly caused the damage.

Should I Make a Compensation Claim?

There are many good reasons to make a claim in medical negligence cases, as they can result in both compensation and accountability on the part of the people responsible. Taking legal action against caesarean section negligence gives the NHS trust an opportunity to learn lessons and prevent similar types of negligent care from happening in the future. Further, it is generally possible to do so without any financial risk. At JMW, we take on these cases on a no win, no fee basis, which means that there are no legal fees to pay if your claim is unsuccessful.

One of the most important benefits of a successful C-section compensation claim is that it will cover your financial losses related to the clinical negligence you experienced and help you to plan for the future, especially if you or your child need long-term care, therapy or assistive equipment. This can make daily life easier and reduce the pressure on your family. The full range of losses you can claim for include:

• Medical expenses for corrective treatment or ongoing care
• Loss of earnings if you're unable to return to work after your maternity leave
• Adaptations to your home or vehicle if you’ve been left with lasting injuries
• Travel expenses for medical appointments
• Childcare costs during your recovery
• Support for your recovery and future needs

You should keep receipts for any of these expenses, as this will affect how much compensation you are entitled to claim. The medical negligence team at JMW can help you to gather evidence and maximise the compensation you are owed, to make sure it accounts for all of your current and future needs.

Beyond the compensation, claims can be a way to receive recognition that something went wrong and an admission of responsibility, which can be important for emotional recovery. This can also lead to an investigation where you can better understand the full picture of what went wrong, and why. Bringing a claim may also highlight poor practice or systemic problems and prevent similar incidents from happening to others in the future. NHS trusts often review and learn from claims, particularly where changes in training, communication or procedures are needed.