Cesarean Section Injury Lawyer in San Antonio

Name: Cesarean Section Injury
Brand: Scheuerman Law Firm

According to Tex. Civ. Prac. & Rem. Code Chapter 74, parents must prove that a doctor, nurse, or hospital owed a duty of care during labor and delivery, that this duty was breached, and that the breach caused injury to the mother or child. Cesarean section (C-section) errors can lead to catastrophic consequences—from severe maternal complications to permanent birth injuries in newborns. A cesarean section injury lawyer in San Antonio can help families understand their rights and pursue compensation when negligence occurs.

Relentless Advocates for Families Facing Preventable Cesarean Section Injuries in San Antonio

For over 30 years, Tyler and Hella Scheuerman have fought for families devastated by birth injury malpractice. Both are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization—an honor earned by less than 2% of Texas attorneys. We understand how hospitals and insurers defend C-section claims because we’ve been on the inside. That insight enables us to anticipate their strategies, preserve key evidence of delivery, and build compelling cases for trial. Every family we serve receives personalized attention, bilingual support, and compassionate support.

C-Section Statistics

Nearly 1 in 3 births in the United States occur by C-section (CDC)
Research shows that surgical complications occur in 15–20% of C-sections, ranging from minor issues to life-threatening injuries (Global increased cesarean section rates and public health implications: A call to action - PMC)
Delays in performing emergency C-sections can increase the risk of hypoxic-ischemic encephalopathy (HIE), a leading cause of cerebral palsy in newborns (Risk factors for neonatal hypoxic ischemic encephalopathy and therapeutic hypothermia: a matched case-control study - PMC)

What Are Common Injuries and Causes in Cesarean Malpractice Cases?

While many C-sections are safe, errors before, during, or after surgery can cause severe harm to both mother and child. When those errors result from a provider’s failure to follow accepted medical standards, families may have a valid malpractice claim.

Injuries to Mothers

Poor surgical technique or delayed recognition of blood loss can cause life-threatening complications
Accidental lacerations to the bladder or bowel are a recognized risk but may signal negligence if caused by inattention or improper technique.
Failure to recognize warning signs during labor can lead to uterine rupture, often requiring emergency surgery and risking maternal life
Postoperative infections may occur if sterile procedures are not followed or early signs of sepsis are overlooked
Spinal or general anesthesia errors may cause long-term harm or death if improperly managed

Injuries to Newborns

Lacerations from surgical tools: Up to 3% of infants delivered by C-section sustain scalpel or forceps injuries during the procedure (Forceps Delivery - StatPearls - NCBI Bookshelf).
Respiratory distress: Babies born via C-section are at greater risk for breathing problems, especially if delivered prematurely without medical justification (Mayo Clinic).
Failure to resuscitate: Newborns who struggle to breathe after delivery require immediate intervention; delays may cause permanent neurological damage.

Common Causes of C-Section Malpractice

Failure to monitor fetal distress on heart tracings and act promptly
Delaying an emergency C-section despite clear complications such as placental abruption or uterine rupture
Improper surgical technique leading to maternal organ damage or excessive blood loss
Anesthesia and medication errors during surgery or recovery
Failure to treat postoperative complications such as hemorrhage, infection, or blood clots

Who Can Be Liable in a C-Section Malpractice Case?

Obstetricians (OB/GYNs): Obstetricians lead the decision-making process during delivery. They are responsible for ordering a timely C-section when signs of fetal distress, uterine rupture, or maternal complications arise.
Anesthesiologists: Anesthesiologists manage pain relief and maternal safety during surgery. Errors in administering spinal, epidural, or general anesthesia—or failing to monitor vital signs—can lead to respiratory distress, cardiac arrest, or brain injury for mother and baby.
Labor and Delivery Nurses: Nurses play a critical role in monitoring fetal heart rate tracings and maternal health during labor. Failure to recognize and escalate signs of distress to the physician can delay life-saving intervention.
Surgical Staff: Members of the operating room team are responsible for safe surgical practices. Errors such as improper instrument handling, accidental lacerations, or retained surgical tools may cause lasting harm and can form the basis of a malpractice claim.
Hospitals and Healthcare Systems: Hospitals themselves may be directly or vicariously liable. Inadequate staffing, poor training, or unsafe policies can delay emergency responses or increase the risk of infection and hemorrhage. Under the legal doctrine of respondeat superior, hospitals are also accountable for the negligent actions of their employees.

What Damages Can Be Recovered in a C-Section Malpractice Case?

When a mother or child suffers harm from preventable C-section errors, Texas law allows families to seek compensation for both financial and non-financial losses. These damages are designed to provide long-term security, ensure access to care, and recognize the profound impact of medical negligence.

Past and Future Medical Expenses

Families may recover the cost of immediate hospitalizations, surgeries, and emergency interventions
This also covers projected future needs such as specialist care, medications, and ongoing monitoring
For a child with a permanent condition like cerebral palsy, lifetime medical costs can exceed $1 million (Data and Statistics for Cerebral Palsy | CDC)

Long-Term Rehabilitation and Therapy

Many injuries caused by delayed or mishandled C-sections require years of physical therapy, occupational therapy, and speech therapy
Compensation can cover these services, along with counseling and developmental support programs

Home Modifications and Assistive Devices

Serious birth injuries may require wheelchairs, communication aids, and other adaptive equipment
Families may also need to retrofit homes or vehicles for accessibility, which are expenses that can be included in a malpractice award

Lost Income and Reduced Earning Capacity

If a mother is unable to return to work after a surgical injury, or if a child will never be able to earn wages due to disability, damages can account for lost income and diminished future earning potential

Pain, Suffering, and Diminished Quality of Life

Beyond financial costs, Texas law allows recovery for non-economic damages such as physical pain, emotional distress, and the loss of enjoyment of life
These damages are capped at $250,000 per provider and $500,000 total in medical malpractice cases (Tex. Civ. Prac. & Rem. Code § 74.301)

Wrongful Death Damages

In the most tragic cases—such as when a mother or infant dies from preventable C-section errors—surviving family members may pursue wrongful death claims
These damages can cover funeral costs, loss of companionship, and the financial impact of losing a parent or child (Texas Civil Practice & Remedies Code Chapter 71)

Why Do Families Turn to Scheuerman Law Firm After a C-Section Injury in San Antonio?

C-section malpractice claims are among the most contested cases in medical negligence law. Hospitals often argue that complications were unavoidable or that injuries would have occurred regardless of the medical decisions made. Without skilled representation, families can face an uphill battle against well-funded defense teams.

At Scheuerman Law Firm, our cesarean section injury attorneys in San Antonio take immediate steps to protect your child’s case. We move quickly to secure fetal monitoring strips, operative notes, and anesthesia records before they can be misplaced or altered. We work with respected medical experts to clearly explain how the standard of care was breached and why those errors—not chance or genetics—caused lasting harm.

Our team also builds a full picture of the future impact of a C-section injury, from long-term medical treatment and therapies to home modifications and lost earning capacity. Just as importantly, we navigate the strict deadlines of Texas malpractice law to keep your family’s claim on track. By entrusting your case to us, you gain advocates who know how to dismantle hospital defenses and fight for the resources your child will need for a lifetime.

Cesarean Section Injury FAQs

What is the difference between a scheduled and an emergency C-section?

A scheduled C-section is planned ahead, while an emergency C-section happens when unexpected complications arise during labor. Negligence is more likely in emergencies if doctors fail to act quickly, which can put both mother and baby at risk.

Can a C-section cause long-term injuries to mothers?

Yes. Complications like adhesions, chronic pain, infections, or organ damage may result from surgical errors or negligence, sometimes requiring further treatment or surgery.

How do I know if my baby’s injury was caused by a delayed C-section?

Our team can help review fetal monitoring strips, delivery notes, and other medical records to determine if an earlier C-section could have prevented the injury. Expert testimony is often needed to make this determination.

Are all C-section complications malpractice?

No. Some complications happen even with proper care. Malpractice occurs only when a healthcare provider fails to meet the accepted standard of care and causes preventable harm.

Can I file a claim years after delivery?

Generally, Texas law allows two years to file a claim. However, exceptions—such as for minors—may extend deadlines, so it’s important to contact our attorneys early.

Do malpractice lawsuits help prevent future errors?

Yes. In addition to potential financial recovery, these cases hold hospitals accountable and encourage safer labor and delivery practices for future patients.