Many births require medical intervention for a variety of reasons. In many of these cases, physicians opt to utilize a variety of surgical procedures to manually remove the baby. Medical staff has a responsibility to investigate a patient’s inclination to have birth complications before labor begins and monitor the baby’s progress leading up to, during birth, and after delivery for complications, which may require some form of birth surgery. If complications arise before or during labor, healthcare providers are legally required to respond appropriately. These complications may include:
- Maternal health complications
- Multiple deliveries at once
- Oversized baby
- Feet first birth
- Birth defects
- Disrupted labor
The most common method of doing this is a Cesarean section or C-section. The procedure requires incisions in the abdomen and the uterus, and the surgeon will reach in and remove the baby by hand. This procedure is quite common. Roughly 1 in 3 women in the U.S. had C-section deliveries. Medical experts generally agree that the C-section is relatively safe when performed in accordance with recommended medical standards. However, this procedure still involves significant health risks.
Healthcare providers may use additional methods to assist delivery. They may also decide to deliver a baby using two large instruments that resemble spoons, called forceps. Forceps are inserted into the birth canal by hand and positioned around the baby’s head. The physician then applies pressure to assist natural delivery. This pressure should be applied to the extent that it does not cause injury to the baby. Surgeons may also achieve a similar result using a pump with a suction cup positioned on the baby’s head. The pump creates a vacuum-like suction that provides additional force to aid the baby’s passage through the birth canal in tandem with the mother’s contractions. The force of the pump on the baby’s head also presents a risk of injury to the baby.
When medical staff carelessly perform birth surgery procedures, risks of serious injury to the mother and baby increase dramatically. For example, health care providers may ask you about any medications that you are taking at the time of performing the C-section. They ask these questions because conflicting drugs may result in an adverse reaction to other drugs that are typically administered during birth surgery and cause potentially serious complications. These types of oversights can lead to significant risks of injury or death.
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Your Birth Surgery Injury May Be Actionable
If you or your child have suffered injuries during birth surgery, you may be entitled to compensation to cover the costs of your losses. If we can prove that negligence or misconduct of medical staff caused your injury in connection with your surgery, you may be eligible to recover for:
- Past and future costs of medical treatment
- Pain and suffering
- Wrongful death
- Lost wages
- Loss of consortium
- Intentional misconduct, if any
- And possibly more
If your birth injury surgery claim is successful, you may be able to recover money from the individual medical staff who committed the mistake and the facility. To prove that a physician is liable for a birth surgery injury, you are required to present evidence that demonstrates:
- The doctor was legally obligated to take measures to perform the birth injury surgery safely.
- The doctor failed to take these measures.
- The doctor’s error caused an injury at birth.
- You were harmed by the surgery.
However, it can be quite difficult to prove that injuries have been caused by medical negligence during birth injury surgery. Some states require a certain burden of proof before a medical malpractice lawsuit can proceed. Also, medical evidence is usually quite complex and difficult to understand. It is in this way that having a birth surgery injury attorney supporting your claim for compensation can make a significant difference in the outcome of your claim.
If your claim qualifies, our attorneys can support your appeal by:
- Conducting in-depth investigations into your claim
- Compiling evidence to support your claim
- Helping you obtain medical treatment
- Making arguments that support a favorable result to your claim
- Negotiating an equitable settlement on your behalf
- Representing you in court
An injury sustained by a mother or child during birth is stressful for the entire family. When the costs of treatment begin to add up on top of an already difficult situation, pursuing financial relief with a birth injury attorney is often helpful.
Birth Injury Surgery Lawyer Near Me 1-800-222-9529
The Birth Injury Lawyers Group May Be Able to Help You
We know how difficult a birth surgery injury can be. If your claim qualifies, we will do everything possible to support your family over the course of your claim. Our attorneys represent clients with birth surgery injuries on a contingency basis, which means that we do not get paid unless we recover compensation on your behalf. So, there are no upfront costs or risks associated with our representation. If you suspect that you or your child sustained injuries during birth surgery due to negligence, call the Birth Injury Lawyers Group today at (800) 222-9529 to discuss your options.