A Cesarean section, which is commonly known as a C-section, is an increasingly accepted way of delivering a baby when dealing with a complication or emergency with the mother or child to prevent any complications that might arise during a vaginal delivery. This procedure is followed especially when certain risk factors are present. C-sections themselves are not without risk. However, in many situations, the benefits of doing a C-section might outweigh the serious risk of birth injuries.
Here are some of the most frequently asked questions about C-sections, which can help address some of the concerns you may have:
What is a C-Section delivery?
A C-Section is the surgical delivery of the baby. It involves one incision in the mother’s abdomen and another in the uterus. It is a common procedure that is used to deliver nearly one-third of babies in the United States, according to the U.S. Centers for Disease Control and Prevention. Cesarean deliveries are generally avoided before 39 weeks of pregnancy so the child has sufficient time to develop in the womb. Sometimes, however, complications may require a C-section to be performed earlier than 39 weeks.
Why is a C-Section done?
A Cesarean delivery is typically performed when complications from pregnancy make a traditional vaginal delivery complicated or risky. Sometimes, C-sections are planned early in the pregnancy, but they’re most often performed when complications arise during labor. Some of the common reasons for Cesarean delivery include:
• Developmental issues in the child
• Baby’s head is too large for the birth canal
• Breech birth (when the baby is feet first instead of head first)
• Mother has health problems such as hypertension or heart disease
• Placental complications such as placental abruption or placenta previa
• Issues with the umbilical cord
• Reduced oxygen supply to the baby
• Transverse labor or when the baby is coming out shoulder first
Can a medical malpractice lawsuit be filed over a C-section birth injury?
There are certain circumstances when a C-section birth injury may be viewed as medical negligence. The most often cited instance is when the doctor fails to perform a timely C-section. Doctors are required to properly monitor maternal and fetal signs and keep track of risk factors. They should also constantly look for signs of fetal distress or other complications. If the failure to perform a timely C-section results in birth injuries, then the injured victims and/or their families may be able to seek compensation for the damages and losses sustained.
Can I file a lawsuit after a botched C-section?
If your child suffered injuries during a C-section that was negligently handled, you may be able to file a medical malpractice lawsuit as well. In order to file a lawsuit, it is important to determine if negligence has occurred before, during or after the procedure and whether such negligence caused the child’s birth injury.
If Your Child Has Suffered a Birth Injury
Birth injuries often have lifelong consequences not just for the child, but also his or her family members. Conditions like cerebral palsy require a lifetime of medical care, which can cause significant financial challenges for the families. If you can prove that the injuries during birth were caused by negligence or substandard care, then you may be able to recover financial compensation for these, and potentially other, losses.
If your child has suffered a birth injury because of the medical provider’s failure to perform a timely C-section, you may be able to file a birth injury lawsuit seeking compensation for damages including, but not limited to, medical expenses, lost income and benefits, loss of livelihood, hospital and rehabilitation costs, permanent injuries, disabilities, past and future pain and suffering, etc.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $43,940,000 verdict that was reduced by the appeals court because the verdict was so large.
We have seen many cases where New York City Health and Hospital Corporation hospitals deliver babies who are born with cerebral palsy or erb’s palsy stemming from negligence and/or medical malpractice in the labor and delivery etc. of the children. The following list identifies some of these hospitals (operated by New York City Health and Hospital Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131 BIGGEST HOSPITAL IN THE WORLD
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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