Bronx Delayed C-Section Injury

A c-section, is a surgical method used to deliver a baby. It involves making incisions in the mother's abdominal wall and uterus. On the other hand a vaginal delivery involves the baby being delivered through the birth canal through the vagina. A vaginal birth is referred to as “natural” childbirth. Generally, c-sections are reserved for when a natural childbirth is not a safe option. Often times they are perform in emergency situations. For example, if a vaginal birth would cause the baby to suffer a birth injury such as shoulder dystocia, birth hypoxia, or a spinal cord injury, then the obstetrician would opt for a c-section. C-sections are often performed when complications arise during delivery. For example, if through fetal monitoring the doctor detects that the baby is in distress, then the doctor may determine that an emergency c-section is necessary for the health of the baby and mother. If you or your baby suffered a serious injury as a result of a failure of health care professionals to timely perform a c-section, it is important that you immediately contact an experienced Bronx delayed c-section injury lawyer who will help you pursue compensation for your medical bills and other losses through a personal injury claim.

C-section indicators

An important way for doctors to determine if a c-section is required is by monitoring the baby’s heart rate through fetal monitoring. If fetal monitoring shows that the baby’s heart rate has decelerated or fluctuates in an inappropriate manner, then it is up to the medical staff to intervene to ensure the health of the baby and the mother. In some cases intervention means an emergency C-Section. If fetal monitoring indicates that the baby is in distress, it is generally important for the medical staff to perform a c-section immediately to prevent or minimize injury to the baby or to the mother.

In addition to a slow heartbeat, other typical indicators that a c-section is necessary include:

  • Cardiac arrest of the mother
  • Other types of maternal distress
  • Prolapse of the umbilical cord
  • Massive bleeding or hemorrhaging.
  • Breech baby with rapidly progressing labor
  • Suspected rupture of the uterus.
Example

In Golub v. Good Samaritan Hosp. Med. Ctr., 2010 NY Slip Op 31603 (N.Y. Sup. Ct., 2010), Catherine Golub gave birth to a baby boy who died 4 days later. Golub filed a malpractice lawsuit against Good Samaritan Hospital claiming that the hospital waited too long order a c-section and as a result her baby suffered serious injuries. The fact that there was a lack of fetal movement, that there was vaginal bleeding and that she was overdue pointed to an immediate c-section. However, an immediate c-section was not performed.

Pursuing compensation

Medical malpractice occurs when a health care professional such as an obstetrician, nurse, or other healthcare professional fails to take reasonable care and as a result the patient sis injured. Thus, if a doctor fails to timely perform a c-section when one is clearly indicated, and as a result you or your baby are injured, New York law allows you to hold that doctor and the other medical professionals involved legally and financially liable.

Both you and your child may pursue compensation for past and future medical expenses including hospital bills, medication, physical therapy, speech therapy, and developmental therapy. You may also be able to recover damages for loss of future earning capacity and pain and suffering.

Contact the Law Offices of Stephen Bilkis & Associates

If you suspect that you or your baby was injured because your doctor, nurse, or other healthcare professional delayed performing a c-section delivery, do not hesitate to immediately contact an experienced New York birth injury attorney. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in successfully representing clients who have suffered injuries due to mistakes made by medical professionals, improper treatment, incorrect diagnosis, and failure to get informed consent. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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