Bronx Failure to Perform a Timely C-Section Injury

A Caesarean, also referred to as a c-section, is a surgical method used to deliver a baby. Generally, natural or vaginal birth is the preferred method, while c-sections are reserved when a natural childbirth is not a safe option. For example, if a vaginal birth would cause the baby to suffer a serious injury such as damage to the nerves in the child’s shoulder or brain damage, then the obstetrician would opt for a c-section. C-sections are often performed when complications arise during delivery, such as when the baby falls into distress. In that case the doctor would decide that a c-section is necessary for the health of the baby and mother. If your was injured because the doctor did not perform a timely perform a c-section, it is important that you immediately contact an experienced Bronx birth injury lawyer who will review your case and help ensure that you receive the maximum compensation to which you are entitled for your baby’s injuries.

Types of fetal monitoring

An important way for doctors to determine if a c-section is required is by monitoring the baby’s heart rate through fetal monitoring. There are two methods of fetal monitoring: external and internal. External monitoring involves strapping a device that resembles a belt around a mother’s abdomen. The device records both the mother’s contractions and baby’s heart rate. On the other hand internal monitoring involves attaching an electrode to the baby’s scalp. This type of monitoring can only be done once the mother’s cervix is dilated to 2-3 centimeters and the baby’s head is engaged. Like an external monitor, an internal fetal monitor measures the baby’s heart rate and the mother’s contractions. However, an internal monitor is more accurate. With both internal and external monitoring, the information regarding the contractions and heart rate is transferred onto strips for doctors and nurses to read.

If fetal monitoring shows that the baby’s heart rate was slow or irregular, it is incumbent upon the doctors, nurses and other medical staff to note the problem and act accordingly in order to ensure that the baby and the mother did not suffer a serious medical problem. One response to an irregular heart beat is to perform an emergency C-Section.

Other c-section indicators

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
  • Umbilical cord wrapped around the baby’s neck
  • Hemorrhaging
  • Baby presenting with head up
  • Uterus rupture
Pursuing compensation

Medical malpractice occurs when an obstetrician, labor and delivery nurse, anesthesiologist, or other healthcare professional makes a mistake and as a result the patient suffers an injury. Thus, if an obstetrician does not perform a c-section when it was clearly indicated, and as a result you or your baby are injured, New York law allows you to hold that doctor and other medical professionals legally and financially liable through a medical malpractice claim.

Both you and your child may be entitled to damages for your injuries and losses including:

  • Medical expenses: All past and future medical expenses related to treating the injury that was a result of the delayed c-section in performing a c-section. You can demand compensation for both your injuries and your baby’s injuries.
  • Loss of future earning capacity: If your baby suffers an injury so serious that he or she is permanently disabled, you can demand compensation for your baby’s loss of future earning capacity.
  • Pain and suffering. The physical and emotional pain associated with a serious injury is a compensable loss.
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 failed to timely perform 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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