Our New York birth injury lawyers fully understand the consequences that arise when a doctor or medical provider fails to properly perform a Caesarian section. Often referred to as a C-section, this surgery is used to deliver a child in cases where a natural birth could harm either the mother or fetus. A Caesarian section can be performed for many 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 a failure to diagnose the need for a Caesarian section, they may have grounds for a birth injury lawsuit.
The birth injury lawyers at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP have been defending the rights of birth injury victims for over 60 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.
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 birth injury 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:
- Cerebral palsy
- Erb's palsy
- Brain damage from oxygen deprivation
- Developmental delay
- Death of the mother
- Shoulder dystocia
Call A New York Birth Injury Lawyer Today
When an infant suffers a birth injury because of a doctor's failure to order a C-section, the infant’s 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 birth injury lawyer. An attorney will review medical records, interview witnesses and hire top medical experts whose testimony will help prove the delivering doctor's negligence. Our birth injury attorneys have the necessary resources and experience to effectively try birth injury cases. We have recorded numerous favorable verdicts and settlements, many of which have been worth over $1 million.*
How Do I Schedule A Consultation With Your New York Birth Injury Lawyers?
If you or your child has suffered an injury due to a doctor’s failure to perform a C-section, you may be entitled to compensation. For a free consultation with our New York birth injury lawyers, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.