When Breech Delivery Errors Cause Birth Injuries
When a baby is in breech position, the safest delivery method is often a cesarean section. If doctors fail to recognize breech presentation, delay a necessary C-section, or make surgical errors during the procedure, serious birth injuries can result. New Jersey law allows families to pursue compensation when medical negligence causes harm to a mother or baby during breech delivery.
The Grossman Law Firm has extensive experience representing families throughout New Jersey in complex birth injury cases. We understand how breech complications can lead to devastating outcomes when healthcare providers fail to meet the standard of care. In our 27+ years of practice, we’ve recovered millions of dollars for New Jersey families harmed by the negligence of others, and we’re eager to assist you, too.
For a free consultation, call us at (732) 625-9494 today. The Grossman Law Firm won’t charge anything unless and until we win for you.
Understanding Breech Presentation and C-Section Requirements
Breech presentation occurs when a baby is positioned feet-first or buttocks-first in the uterus instead of head-first. According to the American College of Obstetricians and Gynecologists, breech presentation happens in about 3 to 4 percent of full-term pregnancies.
There are three main types of breech presentation:
- Frank breech occurs when the baby’s buttocks are down and legs are extended upward.
- Complete breech means the baby is sitting cross-legged with both knees bent.
- Footling breech happens when one or both feet are positioned to come out first.
In a vaginal breech delivery, serious complications can occur. The baby’s head may become trapped against the mother’s pelvis. The umbilical cord can slip into the birth canal before the baby, cutting off the oxygen supply. These risks explain why most breech babies in the United States are now delivered by cesarean section.
Medical professionals have a duty to identify breech presentation during prenatal care and labor. When doctors detect breech positioning, they should discuss options including external cephalic version (a procedure to turn the baby head-down) or scheduled cesarean delivery.
How Medical Negligence Leads to Breech Birth Injuries
Medical negligence related to breech presentation and C-sections typically fall into several categories. Understanding these can help families recognize when medical errors may have occurred.
Failure to Diagnose Breech Presentation
Standard prenatal care includes monitoring the baby’s position as delivery approaches. Doctors should perform physical examinations and ultrasounds to confirm fetal positioning, especially when breech is suspected. When healthcare providers miss breech presentation, they may attempt vaginal delivery when a C-section would have been safer.
Delayed C-Section Decision
Even when breech positioning is known, some doctors wait too long to perform a cesarean. During labor, fetal distress can develop rapidly. Signs of distress on fetal heart rate monitors should prompt immediate action. Waiting too long can deprive the baby of oxygen, leading to brain damage or other serious injuries.
Surgical Errors During C-Section
C-sections are major surgical procedures that require precision and skill. Errors during the operation can harm both mother and baby. Incisions made too deeply may cut the baby. Improper extraction techniques can cause fractures or nerve damage. Anesthesia mistakes can affect maternal health and the baby’s oxygen supply.
Inadequate Monitoring and Response
Continuous monitoring (electronic fetal monitoring) is recommended in many high‑risk situations, including many breech labors. When warning signs appear, the medical team should respond quickly. Delays in recognizing fetal distress or calling for an emergency C-section can result in preventable injuries.
Attorney Scott D. Grossman and our team at The Grossman Law Firm carefully examine medical records to identify where the standard of care was breached. Each case involves different circumstances, but certain patterns of negligence appear frequently in breech delivery injury cases.
Common Injuries from Breech Delivery Complications
Injuries resulting from breech delivery errors can range from temporary conditions to permanent disabilities. The most serious often involve oxygen deprivation or physical trauma during delivery.
Brain Injuries and Cerebral Palsy
When a baby is deprived of oxygen during a difficult breech delivery or delayed C-section, brain damage can occur within minutes. This may lead to cerebral palsy, a group of disorders affecting movement, muscle tone, and posture. Children with cerebral palsy often require lifelong medical care and therapy.
Brachial Plexus Injuries
The brachial plexus is a network of nerves controlling the arm and hand. During breech extraction, these nerves can stretch or tear if too much force is applied. Erb’s palsy and Klumpke’s palsy are two conditions that may result, causing weakness or paralysis in the affected arm.
Spinal Cord Injuries
Improper handling during breech delivery can damage the delicate spinal cord. These injuries may cause partial or complete paralysis, depending on the location and severity of the damage.
Bone Fractures
The force needed to deliver a breech baby can sometimes fracture bones, particularly the clavicle or long bones of the arms and legs. While many fractures heal, some may cause lasting complications.
New Jersey Medical Malpractice Claim Requirements
To pursue a birth injury claim in New Jersey, families must demonstrate that medical negligence caused their child’s injuries. The legal requirements include establishing four key elements:
- A doctor-patient relationship must have existed, creating a duty of care.
- The healthcare provider must have breached the standard of care by acting differently than a reasonably competent provider would have under similar circumstances.
- The breach must have directly caused the injury.
- The injury must have resulted in measurable damages.
New Jersey requires an affidavit of merit in medical malpractice cases. This document, prepared by a qualified medical expert, confirms that the claim has merit and that the healthcare provider likely deviated from accepted standards.
Time Limits for Filing Birth Injury Claims
New Jersey has specific deadlines for medical malpractice lawsuits. For most medical malpractice claims, the statute of limitations is two years from when the injury was discovered or should have been discovered.
However, birth injury cases involving children have different rules. Under New Jersey law, a lawsuit for birth-related medical malpractice must be filed before the child’s 13th birthday. This extended timeframe recognizes that some birth injuries may not become apparent until the child is older.
Despite this longer deadline, acting promptly is important. Witnesses’ memories fade, medical records can be lost, and healthcare providers may retire or relocate. Starting the investigation early helps preserve critical evidence.
Supporting Statistics on Breech Delivery and C-Sections
National data helps illustrate the scope of breech delivery practices and outcomes.
Medical data shows the vast majority of breech babies are born via C-section, with research indicating that over 90 percent of breech presentations result in cesarean delivery. According to CDC natality data, approximately 30 percent of all US births in 2024 were delivered by cesarean section.
The American College of Obstetricians and Gynecologists recommends that doctors offer external cephalic version to eligible patients as an alternative to planned cesarean for breech presentation. This procedure can reduce cesarean delivery rates by about 43 percent when successful.
Frequently Asked Questions
Can I sue if my baby was injured during a breech C-section?
You may have a valid claim if medical negligence caused the injury. This could include a delayed decision to perform a C-section, surgical errors during the procedure, or failure to properly monitor mother and baby. An experienced birth injury attorney can assess your specific circumstances.
How long do I have to file a breech or birth injury lawsuit in New Jersey?
For birth injuries, New Jersey law generally allows families to file until the child’s 13th birthday. However, consulting with an attorney sooner preserves evidence and strengthens your case. The standard two-year statute of limitations applies to injuries suffered by the mother.
What compensation can families recover in birth injury cases?
Damages may include medical expenses (past and future), costs of ongoing care and therapy, pain and suffering, and other losses. The specific amount depends on the severity of injuries and their impact on the child’s life.
Does The Grossman Law Firm handle cases throughout New Jersey?
Yes. The Grossman Law Firm represents families in birth injury cases throughout the state. We have the resources to thoroughly investigate complex medical malpractice claims and work with qualified medical experts.
Key Points to Remember
- Breech presentation affects about 3 to 4 percent of full-term pregnancies and typically requires cesarean delivery for safe outcomes.
- Medical negligence in breech cases may include failure to diagnose positioning, delayed C-section, surgical errors, or inadequate monitoring.
- Injuries can range from brachial plexus damage to brain injuries and cerebral palsy.
- New Jersey allows birth injury lawsuits to be filed until the child’s 13th birthday.
- An affidavit of merit from a medical expert is required to proceed with a malpractice claim.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If your child suffered a birth injury related to breech presentation or C-section complications, you deserve answers about what happened and whether medical negligence played a role. Our team can review your medical records and help determine your legal options.
Scott D. Grossman, Esq. is a respected personal injury attorney serving families throughout New Jersey.
Call (732) 625-9494 to schedule a free consultation.
