The birth of a baby is supposed to be one of the happiest days in a parent’s life, but it can quickly turn into a nightmare if things don’t go well. If a doctor fails to perform a C-section in a timely manner, the baby can suffer a wide range of adverse health consequences, including brain damage. If you suspect that your child suffered a birth injury because a doctor failed to perform a timely C-section, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse birth injury attorneys can analyze the facts of your case and determine whether malpractice took place.
Doctors perform a Cesarean delivery, also known as a C-section, when it would be safer for either the mother or the baby than a vaginal birth. The procedure is performed by making an incision in the mother’s abdomen, and the baby is delivered. Obstetricians are trained to recognize the signs of fetal distress but may often have to perform C-sections in a number of situations. A failure to perform a timely C-section is often caused by a failure to recognize that the baby is in fetal distress, a failure to closely monitor the mother and child during late pregnancy and labor or a failure of the hospital or physician to book an operating room and perform the procedure quickly enough.
A delayed C-section can result in a wide range of birth injuries, including brain damage, cerebral palsy, shoulder dystocia, development disabilities, or transfer of diseases. In addition, a delayed C-section can deprive the baby’s brain of oxygen, leading to serious conditions such as Erb’s Palsy. In the most serious cases, a delayed C-section can lead to the death of a baby.
If your child has suffered a preventable birth injury, you may be able to file a malpractice claim against the at-fault medical professional. Under New York law, medical malpractice cases involve a breach of the duty of care by a medical professional. Breaches of the duty of care can take place both through actions and through failing to act when there was a duty to act. To win a medical malpractice claim, the plaintiff must prove the following elements: i) the medical professional owed the patient a duty of care; ii) the medical professional breached that duty of care by failing to perform a timely C-section when it was required, and a competent medical professional in the same situation would have done so; and iii) the medical professional’s breach was a direct and proximate cause of the birth injury.
As with any other type of claim, medical malpractice claims in New York must be filed within a certain time frame, known as the statute of limitations. Failing to file within this legal deadline could mean being permanently barred from being able to seek compensation altogether. Thus, it is important to work with an experienced attorney who understands timelines in these cases.
If you suspect that your child has suffered harm caused by a delayed C-section, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reputable and hard-working Syracuse birth injury attorneys are committed to protecting your rights at every step of the way. With years of experience, we understand how to evaluate the scope of medical malpractice and help determine whether a birth injury could have been prevented. For more information, call us at 315-479-9000 or contact us online.
More Blog Posts:
Anesthesia Errors in Syracuse and New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 27, 2017
Wrongful Death Arising From Malpractice in Syracuse and Across New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 18, 2017