Childbirth is a miracle that brings great joy. But this joy can be shattered due to unforeseen complications. One such concern is brachial plexus injuries, affecting the nerves that control movement and sensation […]
Cesarean sections (also called c-sections) have become much more common over the past few decades, but the procedure still comes with risks. Additionally, failing to timely perform a necessary C-section may constitute medical malpractice.
About one in every three women now gives birth by cesarean section, a procedure that can be planned or unplanned. The final decision remains with the doctor and is based on what is medically necessary for the mother and/or baby. Sometimes, things develop during normal labor or delivery that may require an unplanned C-section, such as:
Some of the common reasons a doctor may choose to plan a C-section include the following:
There are millions of dollars awarded by juries every year due to birth injuries caused by medical malpractice, but proving that medical malpractice caused your child's injury can be a tough legal battle. Not all birth injuries are caused by medical malpractice, and bringing a medical malpractice lawsuit in Texas can be a very complex ordeal due to tough tort reform measures. Every birth injury case is unique, and the best way to determine the strength and potential value of your case is to request a free consultation with an experienced birth injury lawyer in your state.
Most birth injury law firms (including Rasansky Law Firm) are happy to offer a free over-the-phone case evaluation and generally take cases on a "no win, no fee" contingency basis. This way, you can hire an attorney to handle your case without risking a penny of your own money, and you're only responsible for paying attorney fees if you're actually awarded compensation. Your current financial status should not stop you from taking legal action when you have the right to do so.
Medical malpractice is defined as any act that deviates negatively from the normal standard of care and causes harm to the patient as a result. If a mother or her baby was injured because of the negligence of the doctor who performed the C-section, there is a possibility the mother may have a valid medical malpractice claim. However, in order to win, it is important the case meets these four legal requirements:
The mother or baby can suffer from distress due to c-section complications during delivery, and the doctor needs to be prepared to act if this should happen. Otherwise, he could cause the child to suffer a serious birth injury. Some of the more common birth injuries that can develop during or after a C-section include:
Possible injuries to the mother include:
One of the worst things that can occur is an unnecessarily delayed cesarean section; as such, a delay can easily lead to permanent brain damage to the child. Doctors have the ability (and responsibility) to identify any potential medical problems which may necessitate a C-section. When a medical professional delays performing a necessary C-section, the consequences can be dire. Delays could result in lifelong conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy (CP). In more severe cases, the mother and/or child could die.
If you or your child has been injured due to negligence or delays surrounding a C-section delivery, you need to speak to a personal injury attorney today who can advocate on your child's behalf in order to secure the compensation they deserve. For a free case evaluation, email us using the contact form on this page, or call our office (toll-free) at (214) 651-6100. There is no cost to you unless we recover compensation in your case.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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