It is an understatement that giving birth is a stressful time. There are
many worries, fears, and expectations that can rapidly increase an entire
family’s stress. We trust our health care providers to do everything
they can to alleviate this stress, however sometimes they make it worse—much
experienced Newburgh medical malpractice attorneys have seen the harms caused by
negligent OB/GYN, family practitioners, and related support staff.
Some instances are quite outrageous, such as caesarean sections improperly
performed. Even though many times these procedures are frequently scheduled
in advanced of the surgical date, complications still arise. Other times
c-sections are done as an emergency, and can be mistakenly done, rushed,
or performed by an unqualified or inexperienced practitioner thus resulting in
Many different reasons may explain the need for doctors to deliver a baby
through C-section. There may be a medical problem with the baby, a preexisting
condition possessed by the mother, or a complication may arise during
the course of natural birth that makes the doctors believe that an emergency
C-section should be performed.
Even though a baby in utero may have a preexisting condition, or a mother
may have had a preexisting condition, when an unexpected emergency exists,
and even though there are inherent risks in all surgeries, medical professionals
must still provide a standard of care required by the profession in order
to limit needless and foreseeable harm to the patient. Should the doctor
breach the standard and the duty of care to the patient, the medical professional
can be liable for any resultant injury.
The most common cesarean related negligence is attributable to untimely
performed C-sections and errors committed during the procedure itself.
Medical professionals should be monitoring the pregnancy in order to timely
diagnose placenta problems, umbilical cord problems, breech issues, fetal
heart distress, the size of the baby in general, and to look for the presence
of multiple babies in the womb. Any of these may indicate the need for
a C-section delivery. Failing to recognize this could be
What could happen if any of these pre-natal issues are not discovered?
As you have seen from our other posts, it could lead to cerebral palsy,
fetal asphyxia, brachial plexus, brain damage, and even death. Additionally,
the baby may end up suffering from blood clots, nerve damage, organ damage
within the lungs and/or heart, among other problems.
What makes this area of
medical malpractice particularly troubling is the fact that the victim is an innocent child
incapable of understanding the ordeal within which he or she is involved.
Knowing that the baby’s injuries could have been prevented had the
medical professional not been negligent makes the situation all the more
Experienced Newburgh medical malpractice attorneys have the resources necessary to successfully litigate a negligent C-section
claim. These attorneys will employ the use of experts so as to prove what
the standard of care is within the medical community that should have
been followed. Moreover, it will be proved that the medical professional
breached his duty to you, causing your injuries and damages.
Are you interested in learning more about birth injuries? Visit our latest
article for more information on the
various types and why they can be medical malpractice here. You can also read our previous blog posts for more about
cerebral palsy injuries or
brachial plexus injuries caused by birth injuries. You could also learn about
fetal asphyxia and how it can contribute to cerebral palsy injuries here.
Our medical malpractice attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.