Is failing to perform a C-section always negligent?
In an age where a quarter of births are by caesarean section, will failing to perform a caesarean section always be negligent?
The latest NHS data for England confirms that 1 in 4 babies in England are now born by caesarean section. The rate of caesarean sections has doubled since 2013/2014.
The reason for this increase has been the subject of a lot of discussion in the press over the last few days. Maternal age, increasing obesity and increased patient choice, have predominantly been blamed for the increase.
However, there have also been hints that the rise could be attributed in part to a fear of litigation on behalf of the medical profession.
According to the NHS Annual Report 2023/24 obstetric claims made up 12.8% of the total claims made against the NHS but accounted for 56.7% of the total value of the claims paid out by the NHS in that year.
It is therefore clear that when mistakes are made during childbirth, these can be very costly for the patient and for the NHS. So, will performing a caesarean section always reduce the risk of a negligence claim?
Clinical Negligence solicitor, Vanessa Harris, specialises in claims involving obstetric injury and shares her experience of dealing with these types of claims.
“While it is often the case that obstetric claims will arise as a result of a delay in performing a caesarean section, a caesarean section can also carry significant risks, particularly for the mother. We see cases where organs (such as the bladder and bowel) are damaged during caesarean section procedures resulting in significant and sometimes permanent injury. We also see infections following caesarean sections and an increased risk of post-partum haemorrhage and blood clots.
“Some women will be at higher risk of suffering complications during a caesarean section. Factors such as whether the caesarean section is planned or performed as an emergency, maternal health, maternal age and fetal positioning can all play a part in the likely risk of proceeding with a caesarean section.
“Whether a caesarean section will be the right choice depends on many factors. In a clinical negligence setting we rely on our independent obstetric experts to advise us whether or not a caesarean section should have been performed and whether injury was likely to have been avoided or reduced if this had taken place. It is not automatically the case that a failure to perform a caesarean section will be negligent.
The caesarean section procedure is a significant operation. The mother will have to stay longer in hospital, will take longer to recover and it can impact on future pregnancies. The decision about whether or not a caesarean section is the right choice will always be decided on a case-by-case basis and there can be no blanket rule.
For all of these reasons pursuing a clinical negligence claim following obstetric injury can be complicated and it is always best to instruct a specialist clinical negligence solicitor who has experience in these types of claims.”
Vanessa has extensive experience in claims involving obstetric injury and due to her specialist clinical negligence knowledge is also on the AVMA panel. If you have suffered an injury following medical treatment and would like some advice in relation to a possible claim then you can speak with the team on 0800 316 8892 now or contact us online.
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