In recent decades, Cesarean sections, or “C-sections,” have become more common. About one in three women now give birth by C-section, some planned, some unplanned, according to the Centers for Disease Control and Prevention. C-sections have become safer, though they still have many risks. If you or your child suffered an injury during a C-section birth, you could have grounds for a medical malpractice claim.
A C-section birth injury lawyer at Newsome | Melton wants to help you get the compensation you deserve. We have a long track record of helping clients who suffered birth injuries win damages. We want to put our resources to work for you. The initial case evaluation is free, with no risk or obligation. Our birth trauma attorneys work on a contingency basis, which means we get paid only when you do.
To schedule your free consultation, call 800-916-7333 today.
Count on Newsome | Melton for Legal Help if a C-Section Injured You or Your Child
Many women who have C-sections do so because their medical provider planned for the procedure. For others, it is because complications arise during pregnancy that necessitate them. Either way, the OB/GYN or midwife should prepare for the challenges that may occur during the procedure. By failing to do so, providers leave themselves open to malpractice claims.
If a provider plans to perform a C-section, it is most likely for one of these reasons:
- The mother has an infection that the baby could contract during a standard vaginal delivery.
- The baby is positioned in such a way that a normal delivery is not safe.
- The provider believes the mother is not physically strong enough to handle a standard delivery.
- The mother is delivering multiple babies.
- The mother had a previous C-section and the provider worries about a normal delivery causing a uterine rupture.
Some reasons why an OB/GYN might order an emergency C-section include:
- The mother has been in labor for an excessively long time.
- Either the mother, the baby, or both appear in distress.
- The umbilical cord is wrapped around the baby’s neck.
- The OB/GYN does not believe the baby will fit through the birth canal safely or comfortably.
Whether the Mother or Baby Was Injured, Our Team Helps You Recover Compensation
C-section deliveries pose risks to both mother and child. A diligent provider is aware of these risks and should take every possible precaution to keep their patient (and the child) safe.
Common risks to the mother include:
- Blood clots
- Bladder injury
- Adverse reactions to anesthesia
Risks to the baby include:
- Lack of oxygen during delivery (hypoxia)
- Cerebral palsy
- Erb’s palsy
- Premature birth, resulting in underdeveloped vital organs
- Scarring, bruising, and abrasions
How the Newsome | Melton Team Builds a Compelling Case for Medical Malpractice
At Newsome | Melton, we have fought and won many C-section birth injury cases. We know the elements that must be present in a successful malpractice case. They are as follows:
Your Provider Owed You a Duty of Care
We must show that your OB/GYN, midwife, or other medical provider owed you a duty of care during the performance of the procedure. Given that medical professionals have a duty of care to all active patients, this standard is a straightforward one to meet.
Your Provider Failed to Meet This Standard of Care
We next must show that the medical provider did not uphold their industry’s standard of care. To make this case, we compare your medical professional’s actions to those of a reasonable person. The reasonable person, in this scenario, is a typical OB/GYN, midwife, or other similar medical provider faced with the same circumstances.
If the reasonable person would have behaved differently, and by doing so would probably not have caused your injuries, then your provider’s conduct did not uphold the standard of care.
We bring in expert medical witnesses to act as a reasonable person. They will review the evidence and testify as to whether your OB/GYN’s conduct was appropriate.
You Suffered Injury Because of Your OB/GYN’s Deviation from the Standard of Care
The next step is demonstrating that your medical provider’s failure led to your or your child’s injury. To draw this connection, we rely once again on the testimony of medical experts, as well as on your medical records.
You Incurred Damages Because of Your Injuries
Finally, we must show that you incurred specific damages as a result of your or your child’s injury. These damages could be economic in nature (e.g., medical expenses, lost productivity) or noneconomic (e.g., pain and suffering, scarring).
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