Common types of caesarean section negligence
Delayed emergency caesarean section
The most common and serious type of C-section negligence claim. Where CTG shows foetal distress, or clinical indicators point to the need for emergency delivery, the decision must be made promptly. NICE requires Category 1 caesarean sections to aim for delivery within 30 minutes. Where this is not achieved due to clinical or organisational failure, and the baby suffers hypoxic brain injury, claims can be very high-value.
Bladder injury during caesarean section
The bladder lies directly in front of the lower uterine segment. Bladder injury is a recognised complication but where it occurs due to technique below the required standard, or where it is not identified and repaired at the time of surgery, a claim may succeed.
Bowel injury
Bowel injury during caesarean section — particularly in cases involving adhesions from previous surgery — requires prompt identification and repair. Unrecognised bowel injury causing peritonitis is a serious and litigable complication.
Uterine artery injury and haemorrhage
Inadvertent injury to the uterine vasculature causing massive haemorrhage, and failure to manage haemorrhage or to proceed to hysterectomy when clinically required, may give rise to a claim.
Failure to obtain informed consent for caesarean section
Under the Montgomery standard, a woman offered or requesting a caesarean must be advised of all material risks — to her and to the baby — including bladder or bowel injury, haemorrhage, infection, anaesthetic risk, and implications for future pregnancies (uterine rupture risk in VBAC). A woman requesting elective caesarean must also be advised of the material risks of vaginal delivery.
Failure to offer caesarean section to a patient requesting it
Since Montgomery, a woman requesting a caesarean is entitled to have her request taken seriously. Failure to adequately counsel her, or refer to a clinician willing to perform one, may give rise to a consent-based claim where she delivers vaginally and suffers harm.
Spinal or epidural anaesthetic complications
See anaesthetic negligence claims for spinal or epidural complications during caesarean section.
Post-operative infection and wound breakdown not managed
Post-caesarean wound infection, dehiscence, and endometritis are common complications. Failure to diagnose and treat promptly, causing more extensive harm, may be negligent.
The 30-minute rule — and its limits
The 30-minute target for Category 1 caesarean sections is widely cited but is a target, not an absolute standard. The question in any claim is whether the decision to deliver was made as promptly as a competent obstetrician would have made it, given the clinical information available, and whether the delivery was achieved as quickly as the circumstances reasonably permitted.
Frequently asked questions
Can I claim if my emergency caesarean was delayed?
Yes — if the delay in recognising the need for emergency delivery, or in carrying it out, fell below the required standard and caused harm to the baby (or mother).
Can I claim if my bladder was damaged during a caesarean section?
Yes — if the injury resulted from surgical technique below the required standard, or if it was not identified and repaired at the time. Known risk of bladder injury that was properly disclosed before surgery may prevent a negligence claim for the injury itself, though not for any failure of repair.
Was I entitled to an elective caesarean section?
Under NICE guidance, a woman who requests a caesarean section should be offered the opportunity to discuss this with a senior obstetrician and, if she still requests one, should be offered a planned caesarean. Failure to follow this pathway may give rise to a claim if harm results.
Related guides
- Birth injury compensation
- Pregnancy and gynaecology negligence claims
- Brain damage at birth claims
- Anaesthetic negligence claims
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.