In the last few years, home birth and vaginal delivery have become popular among mothers. It is partially because the numbers of birth injury malpractice lawsuits are consistently increasing and partly because the costs of hospital births are increasing too. With the growing number of malpractice lawsuits, several incidents of medical negligence and wrongful practices are coming to light. That is turning even the most health conscious, medically aware and knowledgeable parents towards home-births. However, it is not reducing the likelihood of parents to go in for USG tests, genetic testing, and amniocentesis.
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Why do people opt for the cesarean section during delivery?
On the one hand, most of these tests are routine, and they ensure that the fetus is completely healthy and ready for a normal vaginal birth. On the other hand, these tests can reveal any challenges that can hinder the normal delivery process. Some situations like symptoms of pre-eclampsia, high blood pressure in the mother, fetal distress, cephalopelvic disproportion, and breech presentation of baby call for cesarean section. Although many parents-to-be like to avoid C-sections for reasons of their own, a medically supervised C-section is one of the safest ways to deliver a beautiful and healthy baby.
What are the primary risks of C-section?
Nonetheless, it is a surgery and just like any other medical procedures it has its underlying risks. Even when parents opt for cesarean sections without the pressure of existing health challenges, it bears certain levels of risk. People often inquire about the kinds of risks involved with C-section and here is a comprehensive list from the experts at BIML law –
- Bleeding
- Infection
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Blood clot
- Nerve damage
- Lacerated bowel
- Internal organ damage/laceration
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Complications of the heart and lung
These are the primary dangers that every obstetrician or medical professional should mention to the parents after presenting C-section as their option. Additionally, these are only the primary risks. There can be several other additional risks that can present themselves depending on the existing health condition of the mother and child.
Does C-section increase the chances of birth injuries?
Legal teams describe birth injuries as any form of injury that the infant sustains during labor and/or delivery. Some birth injuries can occur shortly after birth too. For many, C-section is the preferred response to unforeseen medical complications. The presence of one or more emergent medical conditions increases the risk of complications. Without C-section, there is little chance of healthy delivery of the child. Therefore, just C-section should not increase the risk of birth injuries, even in the presence of multiple medical complications. In the US, most states consider a majority of the birth injuries to be preventable.
According to the reports from the Agency for Healthcare Research and Quality, close to 30% of the birth injuries in the US are the result of the errors in communication between the doctors, nurses and the medical staff. Apart from this, other leading reasons include the failure to diagnose maternal distress, fetal conditions, delayed surgery, hospital negligence, improper use of delivery tools and the inappropriate use of medications.
Do birth injuries resulting from C-section qualify as medical malpractice?
Although several integral factors can affect the health of the mother and her newborn, two fundamental elements qualify as medical malpractice –
- The failure to perform the C-section surgery on time
- The inability to operate correctly leading to injuries of the mother and/or baby
The failure to perform the C-section on time
All doctors must monitor the vital signs of the mother and the baby at all times post their hospitalization. They need to be aware of threats that any of their existing medical conditions pose on their health. The medical staff should be vigilant about the different medical dangers, distress or complications that are visible from their real-time vital signs. If any such signs of distress arise, the doctors should perform a C-section immediately, if that reduces the risks. The failure to perform one on time can increase the risks of hypoxic-ischemic encephalopathy (HIE), cerebral palsy and brain damage.
The failure to perform the surgery properly
Even in the direst of situations, surgeons have the responsibility to perform the operations with utmost accuracy and care. Unless their performance meets the accepted standards of care, the patient faces heightened risks of injuries that can result from a botched up surgery. The most common errors during a C-section can include –
- Lacerated bowels
- Broken bones
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Damage to internal organs
- Oxygen deprivation
- Improper closure of the surgery site
- Lacerations to the child
In almost all cases of birth injuries, these errors during C-sections occur due to the mistakes of a doctor and his or her surgery team.
When can a patient sue for an improper C-section procedure?
If your child has sustained injuries or you have faced distress during a C-section, you may have the right to sue. However, it is always smart to consult with an experienced medical malpractice attorney with exclusive expertise in birth injury cases. The plaintiff has to provide several points of evidence cementing negligence on the part of the medical team. You have to provide proof that there was a lapse in quality or standard of care on the part of the medical team.
In most cases, birth injuries are complicated. They affect the life of the mother and the child for life. Birth injuries like cerebral palsy, Erb’s palsy and HIE tend to affect the quality of the child’s life. Instances like these also cause emotional distress in the lives of the parents and jeopardize their relationship. If you have endured trauma during childbirth, you should have the right to sue the healthcare professional(s) responsible.
However, in all 50 states, it is difficult to file a medical malpractice lawsuit against a doctor or nurse without the help from legal teams. To recover financial damages and other potential losses, it is imperative to work with a legal team that understands your distress and the lapses of the medical responsibility that has led to them. You should contact your medical malpractice attorney as soon as possible to find out about C-sections, birth injuries and malpractice compensations in your state.