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C-Section Errors and Failure to Perform

Dec 20, 2016 | Medical Malpractice

According to the Centers for Disease Control and Prevention (CDC), there were 2,699,951 vaginal deliveries and 1,284,551 cesarean section (C-section) deliveries in the United States in 2014. 32.2% of all deliveries were done through a C-section. C-sections are one of the most commonly performed procedures in the US.

About 1 in 3 women across the nation give birth by cesarean section each year. In some cases, complications can arise during a C-section, especially if the doctor or any other medical professional is negligent while performing the procedure.

Potential Risks Associated with C-Sections

Even in the best circumstances, there are risks that come with C-sections. Like other major surgical procedures, there is a risk of internal organ damage and bleeding, as well as infection. Such potential complications can have an effect on both the mother and the unborn child. There can be blood clots, nerve damage, lacerated bowels or heart and lung complications, which lead to a lifetime of medical issues, or in some cases, even death.

Cesarean Section Medical Malpractice Claims

When it comes to C-section malpractice, there are two main categories: performing a C-section and improperly and failure to perform a C-section. This procedure is the indicated procedure in a number of instances and recognizing these instances is part of the medical standard of care that OB/GYNs must provide to their patients. One major indicator of a cesarean section is fetal distress.

Whether the fetus has fluctuating blood pressure or an irregular heartbeat or is entangled in the umbilical cord, a relatively safe and quick way to birth an infant without risking brain damage, etc. is a C-section procedure.

If a pregnant woman or her child is injured due to a C-section complication, the first step to take is to consult a lawyer experienced in medical malpractice as soon as possible with copies of all medical records and other documents that are related to the delivery.

Under the Health Insurance Portability and Accountability Act (HIPAA), a patient has a right to all those documents. After reviewing all of the documents and discussing the facts with the plaintiff, the attorney will be able to determine if there is enough evidence to file a suit against the hospital or OB/GYN for medical malpractice.

After filing the suit, the legal representative will engage in a number of pretrial discoveries, starting by issuing subpoenas to the hospital as well as your doctor for all of your medical records. There is always a likelihood that the hospital or doctor withheld extra records which may be potentially damaging to their case.

After all records are subpoenaed and obtained, the legal counselor will get depositions from the OB/GYB who performed the caesarean section as well as one or several administrators of the hospital, which means that they will be sworn in and testify under oath.

RMFW Law Keeps You Informed every Major Step of the Way

If you or a loved one has suffered injury due to complications during a C-section, you need to call up the medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at (212) 697-9280.

We have won millions of dollars for past clients, you too can be on this fantastic list. The first meeting with us is free. You pay us nothing up front, we only take a percentage of the final case or settlement. Call us today!