if i had a unnecessary cesarean delivery what type of lawyer do i need

Can a woman refuse a cesarean delivery?

A cesarean delivery, also known as a C-section, is the delivery of a baby through surgical incision in the mother’s abdomen and uterus. A C-section is usually performed when a traditional delivery would be too difficult or dangerous for the mother or the baby. A cesarean delivery is typically scheduled before labor begins (elective cesarean ...

How to encourage a pregnant woman to accept a cesarean birth?

The more often the procedure is performed, the more opportunity there is for errors to cause injuries to mothers and children. If you or your child were injured during a Cesarean section, contact a medical malpractice attorney in your area to discuss the situation and preserve any legal rights you may have.

What are the risks of cesarean delivery?

Jan 03, 2020 · A C-section is typically planned if the mother has already had a C-section in the past, is obese, has high blood pressure, is carrying more than one baby or an excessively large baby, or has had a stillbirth in the past. At the same time, C-sections can also be performed impromptu based on conditions that arise during delivery.

What is a forced cesarean delivery?

Jan 18, 2017 · In more severe cases, the mother and/or child could die. If you or your child has been injured due to negligence or delays surrounding a C-section delivery, you need to speak to a personal injury attorney today who can advocate on your child’s behalf in order to secure the compensation they deserve.

Can I sue for an unnecessary C-section?

What happens if you refuse a C-section?

Can you sue if doctor cuts baby during C-section?

What are 3 common reasons for C-section What are other conditions requiring C-section?

How can I avoid another C-section?

Can you sue for C-section complications?

Can I sue for cesarean infection?

Can a doctor make you have ac section?

How many C-sections can a woman have?

Are C-sections safer than natural birth?

What are the risks of natural birth after C-section?

Why do doctors do elective C-sections?

During the pregnancy, the doctor may decide a planned, also called “elective” C-section is advisable for the safety of the mother or baby. Unplanned, emergency C-sections are performed when something goes wrong during active labor.

What happens if a C section is untimely?

If a badly done or untimely C-section harmed you or your baby, you’re entitled to file a medical malpractice claim to seek compensation.

What are the complications of a C section?

Infection: Infection is one of the most common complications of cesarean delivery. Surgical Injuries: Bladder injuries are the most common injuries to surrounding structures during a C-section, followed by damage to the bowel or ureters. Failing to identify these injuries can result in sepsis and kidney failure.

How to build a malpractice case?

To build a strong medical malpractice case, you must show: The doctor owed you a duty to perform your C-section according to the medical standard of care set by other doctors in the community. The doctor deviated from that standard of care. As a result of the deviation, you or your baby were injured.

Why do babies have breathing problems after C section?

Breathing Problems: Even full-term babies are more likely to have breathing problems after a C-section, probably because the baby misses natural mechanisms for absorbing fluid in the lungs that are typically triggered during vaginal birth.

What is a C section?

Also called a C-section, a cesarean section is a surgical procedure where incisions are made through the mother’s abdomen and uterus to remove the baby. Cesarean sections are normally performed when the safety of the mother or baby is at risk. While C-sections are common procedures, occasionally problems do occur.

What is an immediate C section?

An immediate C-section is the reasonable standard of care for circumstances such as:

What are the common errors in a C section?

Common errors include lacerated bowels or other internal organs, broken bones, oxygen deprivation or lacerations inflicted upon the child, and improper wound closure resulting in infection or sepsis. These conditions, in most situations, do not happen absent some type of error on the part of the OB/GYN performing the procedure.

What happens if a C section is not performed?

If a C-section is not performed in a timely manner, the consequences can be grave. Part and parcel with recognizing that a C-section should be performed is recognizing when a C-section should be performed.

What are the conditions that should result in a C section?

Pre-eclampsia/eclampsia, placenta previa and placenta abruptio are all conditions that should result in a C-section. In each of these conditions, the placenta is either malfunctioning or in a position that would make natural childbirth extremely dangerous or even impossible.

What happens if a doctor fails to notice fetal distress?

If a doctor fails to notice signs of fetal distress, fails to perform a C-section (or fails to perform the procedure in a timely manner) it is very likely grounds for a medical malpractice claim if the baby is injured. OB/GYNs have a duty to monitor the health of the fetus prior to birth to determine if a natural childbirth is possible. If they breach their duty and violate the standard of care, and their breach causes damage to the child, they may be liable for medical negligence.

How many births are caused by cesarean section?

Cesarean sections make up nearly 20% of births in the United States, and that number continues to rise. The more often the procedure is performed, the more opportunity there is for errors to cause injuries to mothers and children. If you or your child were injured during a Cesarean section, contact a medical malpractice attorney in your area to discuss the situation and preserve any legal rights you may have.

What is a C section?

A Cesarean section, commonly referred to as a "C-section," is a surgical procedure whereby an unborn child is delivered through a surgical incision made through the mother's abdomen and uterine wall. A C-section is a major surgery, and should only be performed when medically necessary, as injury to the mother and/or child could result.

What are the two categories of C-section malpractice?

There are two main "categories" of C-section malpractice: failure to perform a C-section and performing a C-section improperly.

Why do doctors carry out unnecessary procedures?

Their actions can result in the aggravation of the medical condition or lead to new injuries. Diagnosis and treatment may already entail significant expenses, and they can become even more of a financial burden when treatments are overused.

What happens when you put someone in a nursing home?

Even if they are in their older years, you know something is wrong if they are experiencing sudden changes to their health. If you have noticed your loved one is suddenly losing weight or their ...

Is a medical procedure considered unnecessary?

Any medical process that a health professional performs on a patient who does not require such treatment can be considered an unnecessary medical procedure. There are times when this occurs due to an error in some part of the diagnosis process, but it could also be due to doctor negligence. Common kinds of procedures that could be inappropriate for a patient include:

How many births are saved by C section?

The World Health Organisation estimates a Cesarean delivery is necessary in roughly 5 to 12% of births.

How long can a mother push during labor?

Some doctors and hospitals impose 12-hour time limits on labour, which is unnecessary; as long as the mother is coping and there is no sign of distress, she can continue to push.

What does OP mean in birthing?

OP or posterior position means the baby is in a head-down position, but is facing the mother’s front or stomach. Face back is the ideal birthing position for a baby, but delivering a baby face-up is imminently possible if a doctor is experienced. Many, however, are not.

Can you have twins during a cesarean?

Giving birth to twins or multiples is not inherently a reason for a Cesarean delivery. However, it does require an experienced and confident health care professional to deliver multiples vaginally.

Can a woman have a vaginal birth?

No matter how old, petite or obese a woman is, or how narrow her vaginal passage, a vaginal birth is possible. Also, even if a woman’s pelvis appears small, it may still open enough to allow the baby to pass through, particularly when she’s squatting or in a position other than laying on her back. No one knows how much a pelvis will open until labour.

Can a C section be done in India?

This also is one of the most common ‘unnecessareans’; C-section s due to a cord wrapped around a baby’s neck are virtually unheard of outside of India. However, most doctors here are not trained or experienced in navigating vaginal deliveries with a cord wrapped around a baby’s neck, which is why they may recommend a Cesarean delivery.

Can a baby be delivered in a breach position?

Similarly, a baby in a breach position – that is, a feet-down position – is not inherently cause for a C-section. However, it does require an experienced and confident doctor to vaginally deliver babies in a breech position.

Why do women refuse cesarean delivery?

Another important point to consider is the woman’s right to exercise freedom of religion and preserve her cultural values. It is common in many cultural and/or religious groups for women to refuse a cesarean delivery. For instance, in many Arab cultures, a cesarean delivery may be perceived as a form of mutilation.13Hmong women are also known to refuse cesarean delivery for cultural beliefs and motivation for vaginal delivery.13A small fraction of women who begin spontaneous labor end up being delivered by cesarean because of an arrest of dilatation for 2 or more hours during the active phase. During these situations, when immediate action must be taken, there may not be time to convince a woman to follow the physician’s recommendation. Although formulating a birthing plan prior to labor may not avoid forced and unwanted interventions, it will provide time beforehand for an obstetrician to discuss the absolute reasons for cesarean delivery and minimize the extent of the discussion when time is of the essence. Here, it is also important for obstetricians to display empathy for the patient’s wishes while clearly explaining that there may be changes in the birthing plan that may contradict the patient’s wishes.

Why should an obstetrician encourage a pregnant woman to accept a cesarean birth?

Obstetricians should work emphatically to encourage a pregnant woman to accept a cesarean birth if the risk of morbidity or mortality to the fetus is high. Main Points. Obstetrics is the only field in medicine in which decisions made in the care of one person immediately affect the outcome of another.

What are the barriers to communication in obstetrics?

Language barriers and cultural differences can lead to communication difficulties and prevent complete ascertainment that the patient is fully informed and understands the situation. In a report from the United States, 81% of women refusing cesarean delivery were black, Hispanic, or Asian; 44% were unmarried; 24% did not speak English as their first language; and 100% were treated in a teaching-hospital clinic or were receiving public assistance.3,4In situations in which there is a difficulty with communication, the obstetricians and clinical team must spend sufficient time to overcome the patient’s fear and lack of understanding.

What are the conditions for a physician to challenge a woman's decision?

Under the following conditions a physician might consider actively challenging a woman on her decision: (1) the fetus will suffer irrevocable harm without the treatment, (2) the treatment is clearly indicated and likely to be effective, and (3) the risk to the woman is low.

What is the moral duty of obstetricians?

The fetus relies completely on the mother to survive in utero. The moral duty to protect vulnerable populations is dogma in ethics and research principles. One would have to argue that the fetus is the utmost of vulnerable populations and yet there are circumstances in which the protection of the fetus is effaced in a maternal decision to refuse delivery by cesarean. However, the maternal-fetal relationship is such that maternal and fetal interest may sometimes be divergent. The first type of maternal-fetal conflict occurs when the pregnant woman’s behavior and actions may be deleterious or harmful to the fetus (eg, if a pregnant woman engages in behaviors during pregnancy such as smoking, illegal drug use, or alcohol abuse). The second type of maternal-fetal conflict occurs when “the pregnant woman may refuse a diagnostic procedure, medical therapy, or a surgical procedure intended to enhance or preserve fetal well-being.”1

How many states recognize the unborn as a victim?

In the United States, there are currently 36 states that recognize the unborn fetus as a legal victim under the Unborn Victims of Violence Act of 2004.10Under this law, everything from a zygote to a fetus is recognized as an independent victim with legal rights that are unique and distinct from the mother.

What are some examples of maternal refusal?

Examples of maternal refusal could range from refusing advised bed rest, amniocentesis for diagnostic purposes, corticosteroids for enhancing fetal lung maturity, ...

What is unnecessary surgery?

Unnecessary surgery that a patient did not need and ended up harming them.

How to prove a doctor is negligent?

In order to show that the doctor was negligent you will need expert testimony that the treatment fell below the standard of care.

What are the causes of surgical errors?

Some examples of surgical errors that cause a failed surgery include: 1 Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. 2 Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it. 3 Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. 4 Anesthesia errors, where either too much or too little anesthesia is used. 5 Injuries to nerves or other internal organs when the surgeon causes damage with their instruments. 6 Infection caused by instruments that were not cleaned or sanitized properly. 7 Unnecessary surgery that a patient did not need and ended up harming them.

What is the damage caused by surgical instruments or tools being left inside of the body after surgery is completed?

Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. Anesthesia errors, where either too much or too little anesthesia is used. Injuries to nerves or other internal organs when the surgeon causes damage with their instruments.

What is a failed surgery?

A failed surgery is one in which a surgical error was made. A surgical error is a mistake made during surgery that could have been prevented. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery.

What is wrong site surgery?

Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it.

How to sue after surgery?

First, communicate with your physician and give them the opportunity to fix their mistake. Be sure to document any symptoms, pain, additional appointments, and costs associated with the harm you allege. Keep detailed records and notes of all conversations with your doctors. Document the moment you knew or suspected something was wrong.

Planned and Unplanned C-Sections

Cesarean Section Risks and Complications

Injuries Caused by Delayed C-Section

Building A Case For Medical Malpractice

Why You Need A Malpractice Attorney

• Medical malpractice claims are complicated, high-dollar legal actions. If you and your baby came through a cesarean section with relatively minor injuries, your damages and potential recovery probably aren’t enough to justify the time and effort of a lawsuit. Filing a complaint with the state board will start an investigation of the doctor. If the ...

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