While childbirth is a much less dangerous process today than it used to be many years ago, that is largely due to advancements in medical science and techniques like the Cesarean section. If a doctor fails to perform this operation correctly or does not order it when appropriate, severe and even fatal harm may result for both an expecting mother and her fetus.
Filing suit over a medical error related to a Cesarean section can be sensitive and complex in both legal and emotional terms. Having a compassionate New Haven C-section lawyer in your corner can be vital to achieving a positive case result. No matter the specific type of error a doctor committed or the specific losses you experienced, your dedicated birth injury attorney could be a vital ally throughout every stage of your legal proceedings.
The fact that a Cesarean section went poorly does not, by itself, serve as grounds for a civil lawsuit. There are several additional criteria that must be met for this kind of situation to rise to the level of legally actionable malpractice, all of which a New Haven C-section attorney can explain in further detail.
First, there must have been a doctor-patient relationship formally established between the provider and the injured person intending to file suit. Next, the injured person must establish what “standard of care” their defendant(s) was supposed to meet based on their experience, education, and working conditions, and then show that the medical professional failed to meet that standard. This must be done through a “reasonable inquiry” process that involves getting a qualified healthcare professional to affirm in writing that a breach of the applicable standard likely occurred.
Then, the injured person must show there is a direct link between the negligent act or omission of their provider and specific injuries they or their child suffered. Finally, the injured person must establish a direct causal link between those injuries and all losses for which the injured person seeks financial recovery. A skilled Berkowitz Hanna attorney can take the lead through every step of this process.
Failure to order a C-section at the right time or perform one correctly can result in both the mother and her child suffering life-changing injuries, including some which may cause lifelong disabilities like cerebral palsy or may ultimately be fatal. Because of how long the effects of a mishandled C-section can persist, a New Haven lawyer will seek restitution for both past and future losses, such as:
A knowledgeable lawyer can provide irreplaceable guidance about what specific losses might be compensable in a particular situation.
If performed correctly and under appropriate circumstances, a Cesarean section can be key to protecting the short-term and long-term health of both a pregnant mother and her child during childbirth. However, errors and omissions during this procedure can have uniquely severe consequences.
Handling this kind of situation could be much easier with tireless support from a New Haven C-section lawyer. Our team at Berkowitz Hanna is ready to get to work for you and pursue the payments your family needs and deserves. Contact our office today to set up your free initial consultation.