In the United States, the rate of Caesarian births has climbed to nearly 33 percent of births. This exceeds the 19 percent rate of Cesarean sections identified by the World Health Organization as associated with the most survival benefits for mothers and infants. As a result, medical experts have placed some blame on the overuse of Cesarean procedures for the high maternal mortality rate experienced by U.S. women. This country has one of the highest maternal childbirth death rates among developed societies.

Despite the common application of surgical births, a Cesarean section represents a major surgery that includes inherent risks. Blood clots, serious infections, uterine ruptures and difficulty with subsequent pregnancies all arise in some patients after this surgical procedure.

Financial issues have been connected to the increased willingness of obstetricians to choose Cesarean procedures for their patients. Private insurance plays a role because it pays physicians and hospitals more for the surgery than vaginal delivery. The threat of litigation also motivates physicians. One study identified failing to perform a Cesarean as a common complaint in lawsuits from victims of birth and maternal injuries.

Someone who believes that mistakes in the delivery room led to infant or maternal injury or death could have cause to file a medical malpractice lawsuit. An attorney with access to an independent medical expert could gather documentation for the victim and determine if a case meets the standards for malpractice. If it does, an attorney might first attempt to recover damages by approaching the physician, hospital or insurance provider directly. If a settlement is not forthcoming, then the attorney could pursue the case at trial. Damages typically sought for medical professional negligence include medical expenses, lost income, and future costs associated with disability.