If a mother is unable to birth her child vaginally or complications require an immediate delivery, a cesarean birth (C-section) may be required. A C-Section is a surgical procedure to deliver a baby through incisions made in the mother’s abdomen and uterus. When done correctly, C-Sections can prevent life-threatening injuries for both mother and child.
Unfortunately, negligent doctors may fail to perform a timely C-Section or make an error during the procedure. If a mother or child sustains injury due to a care provider’s mistake, the medical personnel may be held legally responsible for the damages caused.
If you or your baby were harmed because of a negligent provider, a Bridgeport C-Section lawyer can help. Speak to a birth injury attorney at Berkowitz Hanna today to review your legal options.
Any surgery could present complications. Mothers who undergo C-sections risk infection at the incision site, reactions to anesthesia, and extended hospital stays than mothers who give birth vaginally. Additionally, the American Pregnancy Association lists the following as possible maternal complications after a C-section:
It is important to note that a poorly managed C-Section can also harm the child, not just the mother. If either mother or child suffered injuries or died because of a C-Section, the obstetrical team and the facility may be liable for their actions. A Bridgeport attorney can review the medical records to determine whether negligence likely contributed to the injuries sustained during a C-section.
U.S. Centers for Disease Control data indicates that C-Sections deliver almost one-third of all babies born annually in the United States. Despite the prevalence of this procedure, physician errors during C-Sections still occur.
If a family seeks compensation for medical malpractice relating to a C-Section, they must establish that the care the mother and baby received did not meet the appropriate standard of care. Breaching this standard means that the care provider has failed to act in the same way that another physician with the same credentials would in a similar situation.
Although an experienced Bridgeport maternal injury attorney can help identify a provider’s negligence, the Connecticut General Statutes §52-190a requires a physician to review the patient’s medical records before they may file a lawsuit. If the physician agrees there are grounds to assert that the healthcare professional did not meet the appropriate standard of care, a medical malpractice lawsuit can go forward.
In a medical malpractice lawsuit, the injured person, or plaintiff, can pursue compensation from the negligent medical personnel, hospital, or both. If the baby suffered an injury, the parents could bring a lawsuit on the child’s behalf. If the mother sustained harm, they could also bring a lawsuit if the C-section was the cause of the injuries.
Damages could cover medical expenses associated with the botched procedure and all treatment for the resulting injuries. If the harm is long-term or permanent, the costs of caring for the injured person in the future could be part of the family’s damages. Lost income resulting from the mother being unable to work or the other parent needing to miss work to care for the injured mother could be part of the family’s damages.
Damages may also compensate for intangible losses such as disability, disfigurement, lost enjoyment of life, loss of consortium, emotional anguish, and other subjective results of the procedure. A Bridgeport attorney can help a family calculate damages following a C-section injury and ensure any settlement offer reflects the family’s losses.
A mishandled C-Section can have dire consequences for both mother and child. Although C-Sections intend to save lives, they also could cause extensive damage if the obstetrician does not use reasonable judgment and skill.
If you or your baby have suffered injuries related to a C-Section, you need a seasoned legal representative to advocate for you. Call today to schedule a free consultation with a Bridgeport C-section lawyer at Berkowitz Hanna.