As it is, cesarean sections, otherwise known as C-sections, carry more risks to mothers and their infants versus vaginal birth. But sometimes, a C-section injury can be caused by the malpractice of a medical professional. Follow along to find out whether your C-section injury was caused by medical malpractice and how one of the proficient New York City C-section injury attorneys at Mark L. Bodner, P.C. can help you determine your legal options.
What is an example of a C-section injury?
Injuries following an erroneous C-section can be devastating, if not fatal, for mothers and their infants. And with that, they may be immediately noticeable, or arise over time. Examples of such are as follows:
- Injuries to the mother:
- Blood loss or blood clots.
- Surgical injuries to the bladder or intestines.
- Amniotic fluid embolisms.
- Injuries to the infant:
- Brain damage.
- Brachial plexus injuries (i.e., nerve damage).
When it is necessary to perform an emergency C-section?
Importantly, the medical professional conducting your delivery process is responsible for monitoring the status of both you and your infant. That is, if an issue arises, they must act quickly and decide whether an emergency C-section is necessary. With that being said, a medical professional should perform an emergency C-section in the following scenarios:
- Your infant is experiencing fetal distress: this can be seen with your infant’s decreased movement or your increased blood pressure.
- You are experiencing a high-risk birth: this can be seen with your infant weighing upwards of 10 pounds, or with being in a breech or transverse position.
- You are experiencing a placenta previa.
- You are experiencing a cord prolapse.
- You are experiencing an overly prolonged labor.
What should I do if my C-section injury was caused by medical malpractice?
For one, if your medical professional failed to send you to an emergency C-section when you were experiencing complications, and you and your infant suffered serious injuries as a result, then this is considered medical malpractice.
On the flip side, if your medical professional sent you to an emergency C-section when it was unnecessary to do so, and you and your infant suffered serious injuries as a result, then this is still considered medical malpractice.
If either of the above scenarios applies to you and your infant, then you may be eligible to file a medical malpractice claim. For your claim, you will have to prove the following as true:
- You were the patient of a medical professional, thus owing you a duty of care.
- The medical professional broke their duty of care, by failing to meet the accepted standard of care established by their peers.
- You and your infant were harmed, suffering injuries and damages, due to this break in their duty of care.
Also, if applicable, it may be helpful to prove that the medical professional did not adequately warn you about the risks associated with a C-section. For assistance with your claim, contact a talented New York City C-section injury attorney today.