About one-third of all babies born in the United States are born by Caesarian section. While C-sections are quite common, doctors often delay them even when they are necessary, resulting in unnecessary complications and injuries for the mother or child. If a doctor fails to perform a C-section in a timely manner and complications occur, they could be held liable for your injuries. The New York delayed C-section lawyers at Buttafuoco & Associates fights for families’ rights when a delay results in injuries.
If you believe your doctor displayed negligence during your delivery, call 1-800-NOW-HURT to see if you have a case.
When is a C-section Necessary?
There are several circumstances that call for a C-section, typically due to complications before or during delivery that make vaginal birth unsafe for the mother or baby. Some complications that may warrant a C-section delivery include:
- Fetal distress
- Abnormal position of fetus (breech)
- Active maternal genital herpes or HIV
- Maternal health concerns
- Large fetal head
- Small maternal pelvis
- Stalled or prolonged labor
- Placenta or umbilical cord abnormalities
- Previous delivery via C-section
- Multiple births
- Birth defects
When complications are present, performing a C-section is often the safest way to deliver a baby while preventing harm. If a doctor endangers the safety of the mother or baby due to a delay, you may have a lawsuit.
Effects of a Delayed C-section
When a C-section is delayed, it can have serious consequences for babies. For example, if labor is prolonged because a doctor failed to deliver via C-section, an insufficient amount of oxygenated blood may reach the baby’s brain. In some cases, this can cause periventricular leukomalacia, a type of brain damage characterized by the death of white matter in the brain. PVL may cause:
- Motor disorders
- Coordination problems
- Delayed mental development
- Hearing impairment
- Vision abnormalities
These conditions are obviously life-altering for the child–not just physically, but mentally and emotionally. If a doctor caused these complications by acting negligently, you may have a case. If you are concerned that your doctor failed to observe the expected standard of care during your child’s birth and it resulted in injuries to your baby, the delayed C-section attorneys at Buttafuoco & Associates can help you determine whether you have a case and guide you in next steps.
When is a Delayed C-section Negligence?
If the unexpected happens during labor and a baby or mother’s life or future health is at risk, a doctor must provide the standard of care. In other words, they must respond with the expected level of skill, knowledge, or care that another competent medical professional would provide in similar circumstances. Sometimes, an emergency C-section must be performed as soon as possible to ensure the mother or fetus’s safety. Emergency C-sections typically happen quickly, within one to two minutes.
Before a woman goes into labor, her doctor must also carefully assess the risk involved in vaginal delivery. A variety of health conditions, including high blood pressure, some infections, or abnormalities in the shape or size of the pelvis, can make vaginal birth unsafe. If a doctor fails to recognize these and does not perform or delays a C-section, this could be considered negligence.
If a doctor fails to provide the standard of care, delays the C-section, and it results in harm to the mother or child, it may be possible to bring a medical malpractice case. It is important to understand, however, that just because a doctor delays a C-section, this does not necessarily mean you can sue your doctor. The following criteria must be satisfied:
- Your doctor did not provide the standard of care
- You or your child is injured as a result of the doctor’s negligence
- There are monetary or other damages
Even when a C-section is the safest course of action, serious complications can occur. Infections, heavy bleeding that requires a blood transfusion, blood clots, reactions to anesthesia, damage to internal organs, injuries to the baby, or even death can occur. In these cases, even if your doctor acts quickly to perform a C-section during an emergency situation, there is still the potential that they acted negligently.
If you have questions about whether your doctor was negligent, a New York attorney for delayed C-section injuries at Buttafuoco & Associates may be able to help. Get in touch at 1-800-NOW-HURT.
How To File a Claim for Damages After a Delayed C-section
To claim damages for injuries caused by a delayed C-section, you must have evidence of negligence. That means proving your doctor acted outside of the reasonable standard of care and failed to assess or improperly assess the risk of delaying a C-section.
A New York birth injury attorney can help you collect medical evidence and secure expert witness testimony to prove a reasonable doctor would have called for a C-section promptly.
Damages for a delayed C-section may include:
- Medical treatment for the birth injury
- Long-term care for children who suffer brain damage or other injuries
- Physical therapy
- Pain and suffering damages
- Lost time from work
As with all personal injury cases, the damages for a birth injury increase with the severity and longevity of the injury. For example, a child who suffers severe cognitive and physical disabilities due to avoidable injuries at birth may require costly full-time care. In this case, a lawsuit may be necessary to ensure that you can pay for your child’s care. Other times, short-term care itself can be expensive, or the child’s quality of life suffers, which may also qualify you to claim damages.
The team at Buttafuoco & Associates helps New York families seek compensation for damages after a birth injury. If your infant was injured or killed due to a doctor’s negligent delay in performing a C-section, contact us for a free case review.
Call 1-800-NOW-HURT for more information on your case.