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In recent years, a new birthing trend has emerged across the United States – elective cesarean sections (c-sections). Simply put, this is when a doctor agrees to deliver a baby via cesarean even if it is not medically necessary. Why? A few reasons for the practice include:

    • Mother’s Discomfort: Any woman with children can tell you that the ninth month (and beyond) is incredibly uncomfortable. Some women opt for an elective c-section because they feel they can no longer deal with the discomfort.


    • Convenience: Some people are planners – and want to know exactly when their child will arrive. With an elective c-section, they are able to plan their maternity leave more accurately, invite friends and family from out of town to arrive on the appropriate day and more.


  • Fear of Labor: Many women are afraid to go into labor – whether they are first time mothers afraid of the unknown or mothers who have “been-there-done-that” and had a traumatic experience. An elective c-section may alleviate some or all of those labor fears.


That said, “hospitals across the country are intent on reversing that birth-on-demand trend. The top hospitals in Massachusetts are now refusing to offer elective C-sections and inductions before 39 weeks gestation, and many medical centers in New York, Arizona, Oregon, New York, California, Texas, and Illinois have banned them as well,” according to Shine.

Medical malpractice attorneys know that surgery – even elective surgery – has risks of complications and may lead to medical malpractice. So it makes sense that decreasing the number of elective surgeries performed may have a positive effect on incidence of medical malpractice as well.

Additionally, it appears to have health benefits for the baby to avoid elective c-sections, at least before a certain week of gestation. “Cesarean sections account for 32 percent of all births in the United States, and is the most common operation performed in U.S. hospitals. According to the National Institutes of Health, a “normal” pregnancy can last from 38 to 42 weeks, but recent studies confirm that babies born before 39 weeks gestation haves an increased risk for a host of medical problems, including breathing issues, hypoglycemia, infection, developmental delays, feeding complications, and jaundice,” reports Shine.

Chicago Medical Malpractice

Rather than trying to avoid becoming the defendant of a Chicago medical malpractice lawsuit, it is the medical provider’s job to provide each patient with the proper medical care. Medical mistakes are not errors that a doctor, nurse, surgeon, anesthesiologist, or any other type of medical professional can afford to make. The injuries and health complications that can result from Cook County medical malpractice can prove fatal.

The Institute of Medicine reports that about 98,000 people are killed in US hospitals annually as a result of medical mistakes. Granted, in most cases, the medical professional never intended to harm the patient, but that does not mean that the healthcare provider should not be held liable.


DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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