May 09, 2025 in News --> Birth Injury

Understanding Delayed C-Sections and How They Can Lead to Birth Injuries Like HIE and Cerebral Palsy

When Every Second Counts: What Is a Delayed C-Section?

In many births, a C-section (cesarean section) is a planned and controlled procedure. But when complications arise during labour—such as fetal distress, umbilical cord prolapse, or stalled labour—an emergency C-section becomes necessary to protect the baby’s life and health. A delayed C-section refers to a situation where medical professionals fail to perform this procedure in a timely manner, even when the clinical signs clearly indicate the need for immediate intervention.

A delay of even a few minutes can deprive a baby of oxygen, potentially leading to devastating outcomes like Hypoxic-Ischemic Encephalopathy (HIE) or Cerebral Palsy (CP)—both of which can have lifelong consequences for the child and their family.

How Delayed C-Sections Can Cause HIE and Cerebral Palsy

One of the most common causes of HIE is a reduction or interruption in oxygen supply to the baby’s brain during labour and delivery. In many cases, fetal heart monitors may show signs of distress, but the response from the care team is delayed. When a delayed C-section occurs in this context, the baby’s brain may be deprived of oxygen long enough to cause lasting damage.

This oxygen deprivation can lead to:

• HIE, a brain injury caused by insufficient oxygen and blood flow
• Cerebral Palsy, a condition that affects motor skills, posture, and movement

According to the Canadian Pediatric Society, early identification and intervention are critical when HIE is suspected. But when medical teams miss or ignore the warning signs, the window for safe delivery may close.

If your child has been diagnosed with HIE or Cerebral Palsy after a complicated birth, and you suspect the birth was mishandled, a birth injury lawyer can help determine whether the injury was avoidable and explain your legal options.

Medical Negligence and the Standard of Care

Doctors and hospitals are held to a legal standard of care. If a reasonable medical professional would have acted faster or differently under the same circumstances, and that failure resulted in harm, it may be considered medical malpractice.

Some examples of medical negligence related to delayed C-sections include:

• Failing to interpret or act on abnormal fetal heart rate patterns
• Not escalating care when labour stalls or complications arise
• Poor communication among the obstetrical team

If you believe your case involved substandard care, the Society of Obstetricians and Gynaecologists of Canada outlines expectations for obstetrical best practices. Reviewing these in consultation with a medical malpractice lawyer in Ontario can help clarify whether a legal claim is appropriate and assess whether you have grounds for a case.

Case Study: A Critical Delay and Its Legal Ramifications

In the high-profile Ontario case of Farej v. Fellows, which was litigated by our team, the Court of Appeal ordered a new trial after concluding that the trial judge had erred in instructing the jury. The case revolved around a delayed C-section that allegedly led to a child being born with catastrophic injuries, including Cerebral Palsy. The original trial had resulted in a verdict favouring the defendant physicians, but this was successfully appealed. According to the Supreme Court of Canada case summary, the plaintiffs alleged that the physicians failed to meet the standard of care by not recommending a timely cesarean section despite signs of fetal distress. The appellate court emphasized the need for proper jury guidance in medical malpractice cases involving complex causation and standards of care.

As detailed further in our firm’s commentary on the Farej decision, this ruling highlights the challenges families face when seeking justice in obstetrical malpractice claims. Lawyer Daniela Pacheco also provides commentary on this case, emphasizing how failures to act swiftly during delivery—particularly in performing timely C-sections—can result in devastating, lifelong injuries.

The Farej v. Fellows case underscores how critical it is for families to work with lawyers who specialize in medical malpractice and birth injury litigation. Having access to a legal team that understands the medical complexities involved—and has a proven track record of success—can make a significant difference in securing justice and lifelong care for the child.

What You May Be Entitled To

When a baby suffers a brain injury due to a delayed C-section, the financial and emotional toll on the family is immense. A successful medical malpractice claim may help cover:

• Lifetime care costs and therapy
• Specialized equipment and home modifications
• Lost future income and quality of life
• Pain and suffering

Our medical malpractice lawyers Toronto team works with families across Ontario to pursue justice and secure compensation that reflects the lifelong impact of birth injuries.

Why Timing Matters: Statute of Limitations in Ontario

In Ontario, the statute of limitations for filing a medical malpractice claim generally starts when the injury is discovered. However, birth injury cases involving infants may have extended timelines due to the child’s age.

Still, it's critical to act quickly. Evidence can disappear, memories fade, and hospitals may not retain records forever. By speaking with a medical lawyer early, you preserve your right to pursue justice.

At Neinstein Medical Malpractice Lawyers, we have decades of experience representing families affected by birth injuries across Ontario. Our team understands the deep emotional impact these cases carry, and we approach every client with compassion, respect, and unwavering advocacy.

Whether you’re in Toronto, Ottawa, London, or elsewhere in Ontario, our birth injury lawyers are here to guide you through the legal process.

You don’t have to face this alone—and you don’t pay unless we win your case.

Supporting Your Child After a Birth Injury

Caring for a child with HIE or Cerebral Palsy can feel overwhelming, especially in the early years when the extent of the injury becomes clearer. Parents may face a complex network of medical appointments, therapies, adaptive equipment needs, and education planning. Connecting with community support groups and developmental services early can provide emotional relief and practical guidance. In Ontario, organizations like Holland Bloorview Kids Rehabilitation Hospital and Easter Seals Ontario offer specialized programs, financial aid, and adaptive technology to help families navigate their child’s evolving needs. These services often work in tandem with legal claims to help ensure your child’s quality of life is protected, both medically and financially.

Protecting Your Child’s Future

A delayed C-section can forever change the course of a child’s life. If you believe your baby’s HIE or Cerebral Palsy diagnosis could have been prevented, speak to a trusted birth injury lawyer about your options.

Your child deserves every opportunity for care, dignity, and a secure future—and you deserve answers.

Need to speak with a lawyer? Visit medicalmalpractice.ca to schedule your free consultation today.