There are many situations in which giving birth via Cesarean section is the best way to protect the well-being of both mother and child. Most physicians understand when this procedure is appropriate and provide diligent care when performing it. Unfortunately, a single mistake or omission when caring for a mother in labor or during a C-section can have dire consequences, sometimes to the point of permanently altering an infant’s life and/or causing debilitating harm to their mother.
Negligence during a C-section that results in any injury to a mother or her newborn very often can serve as grounds for litigation. Our experienced birth injury attorneys at Berkowitz Hanna can help you take the next steps in pursuing legal action. If you were injured during childbirth because of an improperly delayed or performed C-section, contact a Danbury C-section lawyer right away.
Cesarean delivery of an infant entails a surgeon making incisions in a mother’s abdomen and uterus to allow for the safe removal of a fetus during labor. This procedure is often used in situations where a mother’s labor is not progressing enough to allow for vaginal delivery, the infant is positioned abnormally or otherwise in distress, or there are any other issues that make vaginal birth potentially risky for the mother or child.
When performed correctly and in accordance with modern medical principles, a C-section is a very safe procedure with a very high success rate. However, if a physician’s recklessness or carelessness while caring for a mother in labor leads to them not identifying a potential problem and therefore not ordering a Cesarean section in a timely manner, the problem(s) in question may worsen rapidly and cause harm even if the C-section is later performed correctly.
There are also numerous opportunities for negligence by surgeons and other healthcare providers to cause harm during a C-section, such as misuse of forceps or an imprecise cut with a scalpel. A knowledgeable Danbury C-section attorney can discuss a particular set of circumstances in a confidential setting and provide guidance about whether it might justify a lawsuit or settlement demand.
In order for a healthcare provider to be held accountable for damages sustained by a patient due to their misconduct, the patient must show that their named defendant(s) failed to meet the “standard of care” applicable to them. In a malpractice case, the standard of care refers to the degree of care and consideration that a physician with equivalent knowledge and experience would have demonstrated under the same circumstances. Importantly, though, courts will not just take a plaintiff’s word for it that such a breach occurred.
As per Connecticut General Statutes §52-190a, the plaintiff must make a “reasonable inquiry” with a qualified medical expert, obtain a written and signed statement from that expert affirming the merit of their claim, and submit that statement alongside their initial complaint. Help from an experienced C-section lawyer in Danbury can be vital to fulfilling this and other procedural requirements in a timely fashion. An attorney can also help with recovering comprehensively for all medical expenses, physical pain, lost quality of life, and other damages an error of this nature may cause.
Mistakes during or leading up to C-sections can result in injuries that fundamentally alter the course of an infant’s life or that of their mother. Either way, any physician whose negligence leads to this type of harm can and should be held liable for all past and future losses caused by their misconduct.
A skilled Danbury C-section lawyer’s assistance could make a world of difference in your ability to enforce your rights in this high-stakes scenario. Schedule your free initial consultation at Berkowitz Hanna to learn more about what we can do for you.