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New York Cesarean Section Attorneys

Medical Malpractice Damage Caps

Most babies are born either vaginally or via cesarean section. In the United States, about one in three births happen by cesarean section, or more commonly referred to as C-section. This rate has dramatically increased over the past few decades. According to the Agency for Healthcare Research and Quality, the number of C-section deliveries between 1997 and 2008 increased by 72%. Most C-sections do not involve a complication. However, what most people tend to forget is that a C-section is a surgical procedure, involving serious risks – both for mother and child.

If you or your child suffered a complication during a cesarean section as the result of medical negligence, you may be entitled to compensation. These cases are complicated and should only be handled by a law firm that specifically handles such medical malpractice claims. At Gersowitz Libo & Korek, P.C., our legal team has more than three decades of experience in handling all types of medical malpractice claims, especially C-section complications and injuries.

What Is a C-Section?

A cesarean delivery is a surgical procedure in which a fetus is delivered through an incision in the mother’s abdomen and uterus. A C-section may be pre-planned by the mother and her doctor, or it may be necessary for emergency reasons before or during the birthing process.

Some common reasons a cesarean delivery may be necessary is:

  • Pregnancy with multiple fetuses, especially if the mother is carrying more than two.
  • Complications occurring during labour, such as not progressing normally
  • The infant’s health is in danger
  • The fetus is too large
  • The fetus is in breech position, meaning the infant is upside down and the feet instead of the head would be delivered first
  • The mother has an infection and a vaginal birth could result in transmission of the virus to the infant
  • There are problems with the placenta, such as the placenta not working or performing correctly

What Is a C-Section Error?

A C-section mistake is a type of medical malpractice that can cause the mom and child irreparable harm. Doctors and their staff need to adequately monitor a pregnant woman’s progress throughout all trimesters. It is also imperative that the gynecologist talks to the expecting mother about the safest method of delivering her unborn child, depending on her specific situation.

A cesarean birth can entail many risks. If you suffered a C-section injury, you need to immediately consult with a medical malpractice attorney who specifically handles these types of cases. One of our experienced lawyers can help you explore your legal options with a free case evaluation.

C-Section Deliveries Risks

A C-section birth is essentially a type of abdominal surgery with similar types of medical risks. Any negligence on behalf of the medical team performing the C-section can result in serious injuries to mother and child. Some common C-section risks to the mother may include:

  • Chance of infection at the incision site, uterus, kidneys or bladder
  • Excessive loss of blood – on average, women lose twice as much blood during Cesarean births than vaginal births. In some cases, the mother may even need a blood transfusion.
  • Injuries caused by the anesthesia used in the C-section operation
  • Damage to the bowels, such as constipation, swelling, and dissention of the bowels.

Although some C-sections are performed to save a baby’s life, some could potentially cause more harm than good. C-section risks to the baby include:

  • Fetal lacerations
  • Respiratory problems, such as asthma or transient tachypnea
  • Need for treatment in the neonatal intensive unit (NICU)
  • Premature birth

Common Types of Birth Related Injuries Caused By Medical Malpractice

Birth injuries in C-section deliveries are less common, but they do happen. Some common causes of injury to the fetus or infant during a cesarean section delivery include:

  • Premature delivery. There are many risks associated with a planned C-section before the mother goes into labor. The main risk to the baby is being born pre-term. Every week a child stays in the fetus longer can make a significant difference. Pre-term babies are smaller and more fragile, and at a greater risk to sustaining injuries during a C-section delivery.
  • Delayed decision to perform a C-section. One of the most common injuries associated with a cesarean delivery is caused by the delayed decision to perform a C-section. If the physician fails to timely perform a C-section, the baby can suffer serious physical injuries and oxygen deprivation.
  • Medical errors during a C-section. One of the risks of a cesarean delivery is the doctor injuring the child while performing the C-section surgery. Common fetal injuries include: skin lacerations, clavicle (collar bone) fractures, skull fractures, facial nerve palsy, Brachial plexus injuries (injury to the nerves that travel from the spinal cord in the neck down the arm).

If you believe that your child suffers signs related to a C-section injury, you should consult with an attorney who can provide you with more guidance as to whether you have a viable medical malpractice claim. The seasoned birth injury attorneys at Gersowitz Libo & Korek, P.C. have the experience to help you determine whether you have a valid claim and help you obtain the full extent of compensation you deserve.

When a C-Section Delivery Goes Wrong

In pursuing a medical malpractice claim, especially one that involves the delicate issue of C-section injuries, it is important to hire an attorney with the knowledge and experience needed to help you get the best settlement possible so that you will have the money and resources to give the highest quality of care possible to your child and yourself. Damages for a C-section error may be recovered for:

  • Past and future medical expenses
  • Lost wages
  • Loss of earning capacity
  • Emotional suffering

If your child was the victim of cesarean delivery injury in New York or New Jersey, you need a good attorney on your side. The legal team at Gersowitz Libo & Korek, P.C. understands the ramifications of birth injuries on the lives of the victim and their family members. Our firm has been protecting the rights of victims for more than 30 years. We aggressively litigate these cases to hold the right parties accountable for their actions and help our clients obtain the full compensation that they deserve.

Call an Experienced NYC Cesarean Delivery Injury Attorney Today!

Best Lawyers: Edward Gersowitz, Jeff Korek and Michael Fruhling - PartnersAt Gersowitz Libo & Korek, P.C., we understand how devastating it is for parents when a newborn has suffered serious injuries during the birth process. If you suspect your infant’s birth injuries were caused by medical negligence, please call us at 1-800-529-9997 for a free consultation to discuss the details of your case.

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