Deciding to proceed with a vaginal birth after previously having a cesarean delivery is a difficult decision. These procedures have inherent risks, which are heightened when a medical professional is negligent during delivery.
If you have experienced vaginal birth after cesarean delivery (VBAC) injuries due to a healthcare professional’s negligence, you could pursue a medical malpractice suit to recover damages. A Berkowitz Hanna lawyer is ready to consult with you about your potential claim.
Although VBACs were discouraged in the past, the number of these procedures has risen in recent years. With time, medical research revealed that a vaginal birth after previously having a cesarean delivery is safe under certain conditions.
VBACs are also referred to as a trial of labor after cesarean, or TOLAC. According to the National Institute of Child Health and Human Development, roughly 75 percent of U.S. VBAC attempts are successful.
Danbury candidates for VBAC deliveries must consult with their doctors or healthcare providers about the medical risks associated with the procedure. Some benefits of VBAC procedures are no surgery for the mother, a faster recovery, a decreased risk of complications in future pregnancies, and avoiding the risks specifically associated with a cesarean surgery.
However, these procedures also have inherent risks, especially for mothers deemed to have an at-risk pregnancy. One prominent risk in VBACs is a uterine rupture, but complications can also include hemorrhaging, infection, and blood clots. Uterine ruptures can cause massive blood loss for the mother and interrupt blood and oxygen flow to the fetus.
Since certain factors can make a VBAC more high risk, a doctor or medical professional must fully discuss and disclose the risks of choosing a VBAC over a cesarean delivery with expectant mothers. For example, the National Institute of Health research shows that patients are more at risk for VBAC complications if they have had a prior cesarean incision into the contractile portion of the uterus. Multiple prior cesarean deliveries can also increase the chances of a uterine rupture.
Determining if you were the victim of negligence and identifying the responsible party can prove difficult in VBAC procedures. There are often multiple medical professionals involved, including doctors and nurses.
To establish negligence in a medical malpractice case, the injured victim must first show that the health care professional violated a duty of care. State law outlines the standard of care for medical professionals in Connecticut General Statute § 52-184c.
When a victim is pursuing a civil action from a medical provider’s negligence, they must show evidence demonstrating that the healthcare practitioner’s actions were inconsistent with the prevailing standard of care for that profession. The prevailing standard of care means the generally accepted behavior of a reasonably prudent medical professional.
If the defendant’s actions violated the standard of care, the plaintiff must also prove that this negligence was the proximate cause of their injuries and that they suffered damages. Damages can consist of economic losses, such as medical bills, lost salary, or lost earning potential. A Danbury patient injured during a VBAC can also recover noneconomic damages including emotional distress, pain and suffering, permanent disability, or a general lost quality of life.
An injured Danbury victim pursuing a VBAC medical malpractice claim can lose their lawsuit in the initial stages if they do not file a certificate of reasonable inquiry with their complaint, under Conn. Gen. Stat. § 52-190a. State law mandates that an injured victim obtain an outside medical expert opinion prior to filing their claim to avoid frivolous lawsuits. Failure to file a certificate with the complaint could result in a dismissal by the court.
The certificate is a statement from a third party medical professional opining that there is likely evidence of medical negligence in the plaintiff’s case, and must also include the reasoning for that belief. To qualify as an expert witness, the medical professional must practice in a similar field or have adequate training, knowledge, and experience in the field, according to Conn. Gen. Stat. § 52-184c.
If you believe your vaginal birth after cesarean delivery (VBAC) injuries were due to a medical professional’s negligence, do not hesitate to consult with an attorney. Delays in filing your claim could result in dismissal if it is not filed in a timely manner within the state’s statute of limitations.
A compassionate Berkowitz Hanna lawyer can consult with you about the specific facts of your case and helpful evidence to prove your claim. Your initial consultation is completely free, so contact us today to get started.
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