Expectant mothers often visualize the birth of their children. Regardless of how people anticipate delivering their babies, however, complications can arise that trigger the need for a cesarean section. If doctors fail to observe the signs that an emergent delivery is necessary or do not take the measures needed to protect health of the mother or child, the consequences are often devastating. C-section delays can lead to birth injuries that require lifelong care, and in some instances, may result in infant death. If your child suffered harm at birth due to a doctor's failure to perform a timely C-section, you have the right to seek compensation, and you should speak to an attorney as soon as possible. The dedicated Baltimore birth injury attorneys of Arfaa Law Group take pride in helping families harmed by medical negligence in the pursuit of justice, and if you hire us, we will work tirelessly to help you fight to protect your interests.Harm Caused by C-Section Delays
Some C-sections are planned, but many are performed due to serious problems that develop during the process of labor and delivery. For example, a baby may need to be delivered via C-section when the mother suffers from uterine rupture or placenta previa or when the labor fails to progress. C-sections are also often necessary when the fetus is in distress or when the umbilical cord is prolapsed. If a mother is not properly monitored during labor, though, the medical staff attending to her may miss the signs that indicate the baby should be delivered via C-section. Additionally, in some instances, a doctor will observe but ignore symptoms signaling a C-section should be performed immediately. C-section delays can lead to brain damage, cerebral palsy, developmental delays, skull fractures, hypoxic-ischemic encephalopathy, and seizure disorders.Proving Liability for C-Section Delays
Children harmed by C-section delays often require extensive medical treatment and personal care that is costly. They typically suffer a diminished quality of life as well. As such, parents of a child injured at birth will often pursue claims against the health care providers responsible for the child's harm to help mitigate the financial losses and provide compensation for the emotional and physical trauma endured.
In Maryland, lawsuits arising out of birth injuries will typically assert negligence claims against the defendants. To establish negligence in the context of medical care, a plaintiff must first show that the defendant owed the plaintiff a duty to abide by the standard of care, which is the care that a reasonable practitioner working in the same specialty would provide in a similar situation. Then the plaintiff has to establish that the defendant's behavior demonstrates a departure from the standard of care. For example, if the standard requires that a doctor perform a C-section when a fetus's heart rate drops below a certain level and the defendant failed to do so, it may be considered a breach of the duty owed.
Finally, the plaintiff has to prove that the defendant's breach proximately caused measurable harm, such as economic losses, physical injuries, mental anguish, suffering, and pain. A defendant's actions or omissions will be deemed the proximate cause if the plaintiff's losses would not have occurred but for the defendant's conduct. In most cases, a plaintiff will need to hire an expert to testify regarding the applicable standard of care and to link the defendant's breach of the standard to the plaintiff's harm. In birth injury cases where the plaintiff proves the defendant is liable, both the parents and the injured child may be awarded damages.Speak to a Knowledgeable Baltimore Attorney
Parents typically do not envision that issues will develop during the birth of their children, but tragically, many children suffer injuries at birth due to C-section delays. If your child sustained harm due to the negligent failure to promptly perform a C-section, you may be owed damages, and it is advisable to speak to an attorney. The knowledgeable Baltimore lawyers of Arfaa Law Group are adept at proving careless physicians should be held accountable for the losses they cause, and if we represent you, we will develop a compelling case in favor of your recovery of compensation. We frequently represent people in birth injury cases in Baltimore, where we have an office. You can contact us via our form online or at (410) 889-1850 to set up a meeting.