Many women who give birth in New York opt for a vaginal delivery. Despite the preference, though, a cesarean section may be required in the event that an emergency situation arises, making a vaginal delivery impossible or unsafe. When a doctor responsible for delivering a baby delays a necessary cesarean section, harm to the baby and/or the mother may occur.
Speak with our delayed C-section lawyers in New York to review the legal options that might be available to you. Call us at 800-550-0000.
Situations That May Warrant an Emergency C-Section
There are many situations in which a C-section is not only justified, but also necessary in order to preserve the life of the baby and/or the mother. According to the University of Maryland Medical Center, situations in which a C-section may need to be performed are listed below.
- Multiple fetuses
- Premature labor
- A scarred or deformed uterus
- Placental abruption
- Delayed labor
- Oxygen deprivation to the fetus during delivery
- Umbilical cord complications
- Fetal distress (slowed or quickened fetal heartbeat)
- Positioning of the baby
- Medical conditions of the mother (preeclampsia, hypertension, eclampsia)
If any of the above complications occur, then a cesarean section may be necessary. If a cesarean section does not occur, the baby, mother or both may be at risk of complications or death. Certain conditions, such as oxygen deprivation to the fetus, can be time sensitive. If oxygen deprivation is not immediately corrected by performing a cesarean section, the baby may suffer from permanent brain damage or other injuries.
Who’s responsible for a delayed C-section?
When delivering babies, a doctor or other healthcare provider is responsible for administering care at the highest standard possible. If a cesarean section is necessary but a doctor fails to perform the C-section in a timely manner, then a violation of the standard of care may have occurred. If the delay of a cesarean section causes harm to either mother or baby, then the mother may be able to file a lawsuit for damages – and our delayed C-section attorneys in New York can help.
Damages Recoverable in a Medical Malpractice Lawsuit
When a healthcare provider acts negligently by failing to perform a necessary C-section, and when that negligence causes injury or harm, then the healthcare provider is considered liable for damages. By pursuing a medical malpractice lawsuit for damages, a woman may be able to recover any medical expenses and future medical expenses for both herself and her child, pain and suffering, and loss of earning capacity or lost wages.
In New York, there is no cap for medical malpractice damages. The lack of a cap means that a woman – or the family of a woman who was killed due to a doctor’s failure to perform a C-section in time – is not limited in the amount of money that can be recovered.
How to Begin Filing a Medical Malpractice Lawsuit
If you or your child has been injured due to a delayed cesarean section or if you’ve lost your child because of a delayed cesarean section, you have the right to file a lawsuit. To begin, the first step that you should take is to seek the guidance of a trusted legal professional. At Gacovino, Lake & Associates, P.C., our delayed C-section lawyers in New York have the compassion and determination that your case deserves.
If you want to hold the doctor responsible for your baby’s injuries liable for his or her wrongdoing, our lawyers are ready to help. To start filing your claim today, call us now at 800-550-0000 or contact us online.