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Gianfortune & Mionis, P.C.

NASSAU COUNTY PERSONAL INJURY ATTORNEYS

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Medical malpractice regarding C-sections

On Behalf of | Jan 4, 2022 | Firm News

When you entrust your health or medical care to a licensed doctor or New York hospital staff, you can expect certain things to never happen. For instance, if you undergo surgery, you can reasonably expect that the surgeon will not leave a foreign object or surgical tool inside your body by mistake. Even so, things like this do happen and are commonly referred to as “never events,” because they “should never” occur.  

If you’re expecting a baby, it’s always best to work closely with an obstetrician (OB) or midwife and to obtain regular checkups during your pregnancy. This helps monitor both your health and your baby’s condition, as well. Doctors and midwives who deliver babies are specially trained to notice signs of maternal or fetal distress. The average OB or midwife can recognize symptoms or issues that would necessitate a C-section birth. And, yet, there have been medical malpractice claims regarding negligence in this area. 

Repeat C-sections are common protocol in many hospitals 

Many hospitals in New York or in other states have a policy stating that women who have had a C-section birth must give birth to additional children by the same method. If you were having a baby at one of these hospitals, you would know and agree ahead of time that your delivery will be by C-section if you’ve already had one in the past.  

The following list shows numerous other issues that would prompt an OB to order a C-section delivery:  

  • A “stalled” labor, otherwise referred to as “failure to progress” 
  • A breech or transverse fetal position 
  • Mother has heart disease, high blood pressure or gestational diabetes 
  • Prolapsed umbilical cord 
  • Multiple births 
  • Adverse issues concerning placenta 

While these aren’t the only issues that might prompt an OB to order a C-section, it’s not uncommon for one or more of these issues to result in a C-section birth.  

You’re at risk for certain complications with a C-section birth 

As with any medical procedure, if you have a baby via C-section delivery, there are inherent risks involved with this birthing method. In the past, many women have suffered substantial blood loss during C-section delivery, as well as organ damage, blood clots, infection and complications regarding anesthesia.  

If medical negligence causes you or your baby illness or injury 

It’s logical that you would trust your OB, nurses and other medical team members who are there to help you deliver your baby. It’s also understandable that you’d feel frustrated, betrayed or even angry if a member of your medical team were to provide substandard care, which resulted in illness or injury to you or your child, or to both of you.  

Not only does medical negligence rob a mother of the joy she might have experienced in giving birth under quality care, birth injuries can have lasting, even permanent, consequences that devastate families. Many birth injuries make additional medical care necessary, which is expensive. Some families are able to offset expenses by filing injury claims against those deemed responsible for damages.  

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