Failure to Perform C Section
A caesarian section (C-Section) is a surgery for birthing a child that is used when a natural birth could harm either the mother or fetus. A C-Section can be used for any number of reasons, such as the infant being too large for the birth canal. Unfortunately, doctors and their medical staffs do not always identify the need for a C-Section. When a mother or her infant suffers an injury due to a doctor's delay in diagnosis or failure to diagnose the need for a caesarian section, they may have grounds for a medical malpractice lawsuit. The New York C-Section injury lawyers at Queller, Fisher, Washor, Fuchs & Kool have been defending the rights of birth injury victims for over 50 years. We have seen the emotional hardships that families are forced to endure following a birth injury caused by a misdiagnosis. As a result, we are committed to doing everything in our power to help families move past this difficult time and get their lives back on track.
Have you or someone you love suffered an injury due to a doctor's failure to order a C-Section? If so, you may be entitled to compensation. For a free consultation to see if you have grounds for a lawsuit, call 212.406.1700 or contact us online.Was Your Child's Injury the Result of Negligence?
A doctor's failure to diagnose the need to perform a C-Section can result in serious harm to both the mother and infant. In some cases, a doctor's failure to perform a necessary caesarian section can be the result of negligence. Negligence occurs when a doctor fails to use the same degree of care as another competent physician in the same field. In other words, a doctor's failure to recognize the need for a C-Section may be the result of negligence if another competent physician would have recognized the signs and ordered the surgery. A delivering doctor's negligence, however, is not necessarily grounds for a medical malpractice lawsuit.
In order to have a valid claim, the parents of the injured infant must be able to prove that the doctor's negligence was directly responsible for their infant's injury. Furthermore, the parents must also be able to prove that their infant's injury caused permanent damage. For instance, if a doctor fails to identify the need for a C-Section, and the infant sustains bruising to their head, the parents would not have grounds for a claim unless the bruising caused permanent damage.
Any of the following birth injuries may have been caused by the delivering doctor's failure to order a C-Section:
- Erb's Palsy
- Cerebral Palsy
- Brain damage from oxygen deprevation
- Developmental delay
- Death of the mother
- Shoulder Dystocia
When an infant suffers a birth injury because of a doctor's failure to order a C-Section, their parents may be able to receive compensation for any economic and non-economic damages incurred. Families can collect economic damages for any medical bills uncovered by insurance as well as any damage to their infant's future earning potential. The parents may also be able to recover non-economic damages when the infant's injury causes long-term pain and suffering. In order to get the compensation they may be entitled, parents of injured infants should contact a skilled OB/GYN lawyer. An OB/GYN attorney will review medical records, interview witnesses, and hire top medical experts whose testimony will help prove the delivering doctor's negligence. At Queller, Fisher, Washor, Fuchs & Kool, our medical malpractice attorneys have the resources and experience necessary to effectively try birth injury cases. We have recorded numerous favorable verdicts and settlements, many of which have been worth over $1 million.
If your child has suffered a birth injury due to a doctor's failure to order a caesarian section, you may have grounds for a lawsuit. For a free review of your legal options, call 212.406.1700 or fill out our case review form. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how we may be able to help you.