The U.S. Centers for Disease Control and Prevention reports that 32.2 percent of all deliveries of newborns in the U.S. are via cesarean. While the cesarean may be common, it is not without its complications; C-section errors or failing to perform a cesarean section when an emergency arises may result in severe injury to the baby or mother.
If you or your baby is injured as a result of C-section negligence, you need a birth injury attorney from the Montero Law Center on your side.
Babies can sustain harm from C-sections in two different ways: if the doctor does not perform a necessary C-section or if the doctor commits an error while performing a C-section.
Doctors must often perform C-sections if the baby is in a state of distress (e.g., not receiving enough oxygen, in breech) or if labor will be especially difficult (e.g., mother’s hips too narrow, baby too large, risk of suffering shoulder dystocia).
In certain cases, such as when the umbilical cord is wrapped around the baby’s neck, a C-section may be necessary to save the baby’s life. If the doctor does not order a C-section, the baby may suffer brain damage or die from a lack of oxygen.
In some cases, a doctor will perform a cesarean section and act negligently in doing so. C-section errors may lead to lacerations, severe bleeding, internal organ damage, and even an infection that is serious enough to cause harm, health complication, or death.
Holding a Doctor Liable for His Error
In order to file a lawsuit against a doctor to recover compensation for the damage that you or your child has suffered, you will have to prove that the doctor committed malpractice by acting negligently, or in a manner outside of the reasonable standard of medical care.
To prove this, other medical experts will likely need to testify on your behalf. Testimony of these experts must assert that the situation warranted a specific action which the doctor failed to take or made a preventable error in taking, and that his failure or/and error was the direct cause of your harm or your baby’s harm.
If the medical expert is able to prove that your doctor was negligent, you must also provide proof of damages, such as medical expenses.
Our Birth Injury Attorneys Can Help
At the Montero Law Center, our Florida birth injury attorneys know that nothing is worse than your baby suffering harm. If your baby has been injured during birth as a result of a C-section error, we want to help you fight for justice for your baby.
Contact us today to schedule a consultation to learn more about your legal rights by calling 954-767-6500.