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There are certain medical situations which require a cesarean (C-section) form of delivery. This delivery is done by a surgical procedure that involves a physician making an incision through the uterine and abdominal walls. These are major surgical procedures that carry risks; therefore, patients must be aware of those risks. From infection to hemorrhage, these issues must be given significant consideration prior to a patient consenting to the procedure.
C-sections may be planned or unplanned. Even scheduled C-sections carry the risk of infection and other complications. Physicians who have performed countless C-sections may also commit an unexpected error, so there is always a risk. The reasons why these procedures are done will vary on factors associated with the mother and the infant.
Common reasons why a physician will perform an unplanned C-section include:
Common reasons why a physician would perform a planned C-section include:
There are numerous risks associated with a C-section. While infection is the most common – and the largest reason for lawsuit – there are other risks associated with the surgical procedure, including:
A post-cesarean wound infection is one that occurs after the C-section. It is typically due to a bacterial infection at the incision site. Common signs include fever of 100.5 to 103 degrees Fahrenheit, wound sensitivity, lower abdominal pain, and oozing from the incision site. These infections must be treated quickly before they are allowed to spread into the tissues and cause life-threatening complications.
Some women are more likely to develop an infection from a C-section than others. High-risk groups of women may include:
Also, women who receive nylon sutures after a C-section are more likely to experience an infection than those who do not. Staples can also lead to surgical site infections, which is why more physicians will use polyglycolide (PGA) instead.
The most common infections associated with a C-section include:
Not all infections after a C-section are considered medical malpractice. Instead, the patient must prove that the hospital, healthcare provider, or physician was negligent in causing the infection. If the patient refuses to follow post-operative care and develops an infection, then the patient is at fault for the infection occurring – not the physician.
Some infections are more likely if the patient has a weakened immune system or is taking certain medications. If the physician discusses the risks of these infections with the patient at the time when she consents to the C-section, it is unlikely that the physician would be held responsible for the injury, because the patient was aware of these risks. However, physicians owe their patients a duty of care; therefore, the physician should take steps to prevent an infection from occurring when the patient is a high-risk patient. If the physician does not, he or she could be considered liable.
While there are reasons for a C-section to be performed, there are also reasons why a C-section would be considered unnecessary. This would require having another physician in the same type of practice review the patient’s chart and the physician’s actions. Then, the alternate physician would need to determine if the performing physician acted negligently, or if he or she would not have done the procedure in the first place.
In certain situations, it may be difficult to determine if the C-section was necessary or not. The courts have typically held that there is no negligence for a physician if he or she reasonably evaluates the risk factors and performs a C-section to avoid those risks. Even after a medical review were to suggest that the procedure was not necessary, the courts are still unlikely to hold the doctor liable for making a fair decision in the middle of the situation.
The physician may be considered liable for an unnecessary C-section if there is no presented basis for doing the C-section in the first place. These situations are extremely rare.
If a patient suffers from an infection or other life-threatening complication that was preventable, he or she may be able to file a medical malpractice lawsuit against the physician who is responsible. Physician malpractice is considered to be an act or omission by the physician that deviates from the established standard of care in the medical sector. As a result, the patient is harmed.
If a patient or the infant is harmed during a C-section because of physician negligence, they may be able to file a claim against the doctor, as well as the hospital where the surgery was performed – especially if the infection resulted from hospital practices. To win the case, however, a patient must have a medical malpractice attorney on his or her side. The plaintiff must also establish several factors:
When a patient suffers from a serious injury or infection after a C-section, she should consult with a malpractice attorney to see if there are any legal ramifications available. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation.
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