Cesareans have started to become a more popular procedure during a child’s birth. Some women go into labor knowing that they will have a c-section performed, while others do not. Sometimes, a woman who has already gone through one c-section has to have a repeat one. The decision to perform a c-section on a mother varies from case to case. A cesarean is an operation and with any surgical procedure, there are risks associated with it.
What is a C-Section(Cesarean)?
The most common form is “c-section” but it is also known as a cesarean section. A c-section is when an incision is done through the uterine wall and abdomen of the mother to get the baby out. It is another method of delivery when a vaginal birth cannot be done for whatever reason. With it being a major surgical procedure, there is always a risk of infection, damage to other organs, bleeding, and even death.
Medical complications can affect the unborn child as well. Some complications include blood clots, heart problems, lung complications, nerve damage, among others, that can lead to permanent disabilities. C-sections can be complex in nature and very delicate. Medical professionals are not perfect and mistakes during a c-section procedure can occur. Some of those mistakes performed can be prevented had the operating physician met the standard of care that would have been provided by another similar physician.
When a mistake occurs during a C-section delivery, a medical malpractice claim can be sought through a Miami Cesarean medical Malpractice lawyer, taking into account that Florida is the third state with the most C-section deliveries out of the top 10. There are three types of mistakes that can occur with a C-section:
- Improperly performing one
- Delaying the performance of one, and
- Not performing one
Reasons Why C-Sections Are Planned and Unplanned
A C-section can be unexpected or it can be planned at the very beginning of the pregnancy. A woman might already know that she has to undergo a c-section. There are various factors that can arise during a woman’s pregnancy that can lead to a c-section delivery, even while a woman is trying to deliver naturally. Here are some reasons why there are unplanned and planned c-sections.
Planned C-Section Reasons
- The mother might have an STD or STI that can be transmitted to the baby during delivery like HIV.
- The mother is carrying twins or more
- A repeat c-section is typically performed when a mother already had one c-section
- The mother has a medical condition that makes her too weak to have the baby vaginally
- The baby is not in the head-down position (breeched)
Unplanned C-Section Reasons
- Fetal distress of the baby or distress of the mother
- Labor is too prolonged
- The baby has the umbilical cord wrapped around its neck
- The baby is too large to fit through the mother’s birth canal and can suffer shoulder dystocia
Injuries That Can Occur To a Baby During C-Section
Sometimes, C-sections are the preferred method of delivery to ensure that safe delivery of the baby and mother’s health. There are certain complications that can make a physician perform a C-section. A C-section brings its risks and it can cause injuries to the mother and baby. Some injuries that can be sustained by the baby that can constitute a medical malpractice lawsuit are the following:
Erb’s Palsy Lawsuit
- When a physician fails to perform a C-section, Erb’s palsy tends to occur. It is an injury that occurs when the baby’s shoulder gets logged in the mother’s pubic bone. Usually, the size of the baby can be detected prior to delivery by an ultrasound. If the baby is suspected to be a large baby, the physician is usually required to perform a c-section to avoid any injuries to the infant.
Scarring, Abrasions, and Laceration Lawsuit
- When a physician is not careful in making the incision for the c-section, the baby might be hurt in the process. A physician might cut too deep into the mother’s abdomen which can result in bruising, abrasions, and lacerations on the baby. Sometimes, the cut can be so deep that it causes permanent scarring.
Premature Birth Lawsuit
- A child that is taken out of the womb too early does not have their vital organs fully developed. Their lungs and heart will not be able to perform efficiently and they might have to be on life support or in an incubator if a physician performs a c-section too early during a mother’s pregnancy.
Oxygen Restriction Lawsuit
- An infant can be restricted of oxygen when a delayed c-section is performed. There will be instances when immediate action needs to be taken to take the baby out of the mother’s womb. When a physician fails to do so, the infant can suffer grave injuries from the lack of oxygen to the baby’s organs and brain.
Cesarean Wrongful Death Lawsuit
- In extreme cases, delaying to perform a C-section, not properly performing one, or failing to perform one can lead to a wrongful death.
Cesarean Statistics in The United States
- There are approximately almost 4 million live births every year
- 1,272,503 births are performed via C-section; approximately 32%.
- Florida is the third state with the most cesareans that are performed at 37.8%
- For every 100,000 women after a C-section, there are 13 deaths
- Severe bleeding and infections occur in 9.2 percent of woman after a C-section
Cesarean Medical Malpractice Settlements
Delayed C- Section
- In 2008, a family was awarded $4.5 million after serious and permanent injury was endured by a newborn. The physician failed to perform a c-section in a timely manner to avoid injury and failed to properly monitor the mother and fetal status.
Failure to Perform C-Section
- A family received a $78.5 million compensation after a mother who was 36 weeks pregnant went to the hospital because she was experiencing bleeding. The doctor just determined the baby dead without taking the appropriate tests and ensuring that the baby had indeed died. The mother demanded a C-section but the physician refused to give her one. After 81 minutes, an ultrasound technician arrived to determine that the baby was alive. The c-section was performed, but with so much time elapsed, the baby suffered catastrophic The child suffers from quadriplegic cerebral palsy.
Miami C-Section Medical Malpractice Attorneys
A physician deciding to perform a c-section might be the best method of delivery for the baby depending on the circumstance of the mother and unborn child. Even though the physician performs the c-section in a timely manner, they are required to do so in a non-negligent way even if it might be an emergency one. Lacking to, failing to, or improperly performing a c-section are all reasons that can lead to a medical malpractice claim. The mother and child can both suffer injuries and even death when a C-section is not efficiently done.
The Miami Cesarean Lawyers At Percy Martinez know that undergoing a C-section can already be frustrating and scary for a mother. They have to go through a healing process because it is a major operation. On top of the healing process, they have to care for their baby. Having their child injured because of a medical malpractice can bear an even further emotional strain on the mother. Maximum compensation is sought by every Miami attorney at the firm for the victims of a medical malpractice during the practice of a cesarean birth.
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