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TOP-RATED NYC INJURY LAWYERS

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Personal Injury Cases Resulting from Faulty Caesarian Operations

Jan 26, 2016 | Doctor Errors

Although a published research report states that about 33% of all baby deliveries in US are conducted via Cesarean operations, some inherent risks are involved in conducting a baby delivery through this procedure. When conducting a Caesarian operation, if an obstetrician fails to respond to a sudden emergency situation in a timely manner, such failure can lead to a serious injury to the mother or the baby or both.

When will the obstetrician opt for a Caesarian operation for baby delivery?

Many unexpected situations like an unusually long labor or fetal distress observed in the unborn baby will force an obstetrician to deliver a baby via c-section. The biggest challenge in delivering a baby via c-section lies in responding to suddenly developing emergency situation during the baby delivery procedure. A slight error or neglect on the part of a doctor in monitoring the condition of a mother and her unborn baby during the surgery can lead to serious damages to the baby like brain injury or cerebral palsy.

Common Problems Surfacing during a Caesarian Operation

Even experienced doctors often face problems while delivering babies through a Caesarian operation. Here are some commonly reported incidents recorded in deliver-room log books:

  • The baby is born prematurely
  • The mother suffers due to too much or too little anesthesia
  • The mother starts hemorrhaging during the operation
  • The mother gets infection from the surgery
  • The mother loses bladder or bowel control after the caesarian operation
  • The baby suffers brain damage
  • The baby gets insufficient oxygen supply
  • The baby gets scarred by medical instruments

Faulty Caesarian Operations Warrant Personal Injury Lawsuits

As soon as something like this happens, the father of the baby should contact a New York personal injury law firm to discuss the doctor’s negligence or deviation from standard practice of care during a caesarian operation, which led to injuries to the mother or the baby or to both.

During his legal discussion with the attorney, the father or the plaintiff can determine whether he should just sue the doctor, or both the doctor and the hospital. Even if an obstetrician is not an employee of a hospital, the hospital can still be held liable for the negligent actions of a doctor, the doctor in their premises, or for retaining a doctor who does not adhere to standard practice of care. The personal injury attorney may also advise the plaintiff to submit formal complaints against the hospital and the doctor to New York State Medical Board.

The Legal Procedure for Filing Personal Injury Lawsuit

After acquiring all pertinent evidences and eye-witness accounts is any for building the personal injury case, the plaintiff needs to sit with the legal team and discuss the following:

  • Whether the doctor breaches the standard practice of care. In order to prove this, the law firm will need to take the services of a qualified obstetrician who can review all the hospital procedure reports, medical reports, and treatment reports to determine if the doctor breached the standard practice of care.
  • If there is sufficient proof that the doctor indeed breached the standard practice of care, then that will amount to medical negligence on the part of the doctor.
  • Then, the plaintiff, in assistance from the legal team, will have to organize the evidences in such a manner that establishes that the doctor’s negligence and breach of duty harmed the mother or the baby or both.
  • To present the total value of personal injury claims, the legal team will have to calculate all pre- and post-delivery medical expenses, hospital stay expenses, physical damage to any organs, future medical or child care expenses, punitive damages, and pain and suffering caused by the horrible incident.

Note: The Health Insurance Portability and Accountability Act (HIPPA) grants permission to all patients to access all hospital records within a reasonable time.

The Best Law Firm in the City

If your wife and child are injured due to a faulty caesarian operation, then you must contact an able personal injury law firm in New York like the Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. The first meeting is free!

We know this arena. We know this field. We have won many cases (millions of dollars for past clients) before for past clients and you can be on this fabulous list as well. You pay us only when the case is settled.