Delayed C-Section Lawyers Representing the Black Community

In the U.S., we’re waking up to more of the ways that racial disparities affect the health of the Black community. And there’s one that affects every single Black person born in this country — the wide disparity in the field of maternal healthcare.

The health disparities we see between African-American and white women are the product of many causes, and result in both barriers to care and higher rates of many preventable diseases and chronic health conditions. With an increased risk to pregnancy complications already in place, medical negligence or malpractice can make for problematic outcomes.  

Delayed C-sections are among the deadliest forms of malpractice. With only moments to make the right choice, doctors’ propensity to get it wrong for Black women can have devastating consequences.


Why Do Delayed C-Sections Happen?

C-sections are carried out for a number of reasons, such as pre-existing health conditions, maternal complications, or a medical condition or breach positioning in the fetus. This is a normal medical procedure that is usually scheduled well in advance.

An emergency C-section is performed because of birth-related problems in either the mother or child. Causes can include:

  • Prolonged labor
  • Uterine rupture
  • Baby’s heart rate becomes uneven
  • Baby’s oxygen flow is interrupted (fetal hypoxia)
  • Placenta detaches from the uterus (placental abruption)
  • Placenta covers the cervix (placenta previa)
  • Umbilical cord issues

The Dangers of Delayed C-Sections

When it is determined that a woman in labor needs an emergency C-section, time is of the essence. The American College of Obstetricians and Gynecologists sets a standard of 30 minutes from decision-to-incision. 

Birth complications such as placental abruption, uterine rupture, placenta previa and umbilical cord prolapse need to be carried out in less than 30 minutes. In these situations, the fetus might not get enough oxygen. Studies have shown that a decision-to-incision time of 10–18 minutes in these cases runs the least risk of resulting in birth injuries like hypoxic ischemic encephalopathy (HIE).

If the execution of an emergency C-section takes too long, the baby may suffer an irreversible injury. In the worst cases, such delays can result in death for the mother, child or both.

Some of the other possible injuries include:

  • HIE
  • Brachial plexus injuries like Erb’s palsy
  • Brain damage injuries like cerebral palsy
  • Shoulder dystocia

How Race Can Play a Role in Delayed C-Sections

Studies have actually found that Black women have a higher-than-average incidence of C-section births. These births are correlated with an increased rate of mortality. This is one of the reasons why Black women have a rate of death in childbirth that is almost 4 times higher than white women.

Delayed C-sections are a different risk category for malpractice that specifically affects Black mothers. Researchers have found links between the overtly racist medicine of the early 1900s and the effects of malpractice on the Black community. A racial understanding of the bodies of non-white women is a shadow still cast over modern medicine.

How to Know if Medical Negligence is Responsible for Your Infant’s Injury

To prove medical negligence, it must be clearly shown that a birth injury was the result of a breach of care on the part of the attending physician. Expert witnesses can sometimes be the difference in a case that finds justice and one that doesn’t. 


When to Consult with a Lawyer Experienced in Discrimination

Lee Merritt, Esq. is a longtime leader and influential voice in the fight for Social Justice, representing high-profile civil rights cases like that of Jonathan Price, a 31-year-old Black man killed by police while intervening in a domestic dispute.

A dedicated civil rights activist and trial attorney, Mr. Merritt runs a distinguished national practice focusing on victims of police brutality, hate crimes and corporate discrimination. As an activist, he has championed police reform and community empowerment. His office has led the way to reform in Texas, a state notorious for its failure to prosecute police officers, successfully advocating for the first murder indictments of officers in the state in over 40 years.

There are many more battles to fight on behalf of the 22 percent of Black women who report discrimination in their medical care. For a free consultation please fill out our form, write [email protected] or call us directly at 1-800-590-4116.

About S. Lee Merritt

Civil Rights Lawyer

Lee Merritt, Esq. is emerging as a leading and influential new voice in the fight for Social Justice. A dedicated civil rights activist and trial attorney, Merritt runs a high profile national practice focusing on victims of police brutality, hate crimes and corporate discrimination. As an activist, he has championed police reform and community empowerment. 

Do you need more information or want to help? 

Our organization can help mothers and their families who have faced medical issues during pregnancy learn about the resources available to them, as well as learn about what action they may be able to take legally due to discriminatory health practices.  Contact us below by email or phone and our team can learn more about your situation and give you free and friendly advice.

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