Most expectant mothers would take any steps necessary to protect their unborn children, including agreeing to undergo delivery via a C-section. While C-sections allow infants to avoid harm in numerous situations, in many instances, a doctor will perform a C-section unnecessarily, placing the infant at risk for injury. If your child suffered an injury at birth due to an unnecessary C-section, it is critical to consult a lawyer to discuss whether you and your child may be owed compensation from your healthcare provider. The dedicated Baltimore birth injury attorneys of Arfaa Law Group are sympathetic to the devastating impact birth injuries can have on a family, and we will aggressively advocate on your behalf to help you seek justice for you and your child.Harm Caused by Unnecessary C-Sections
Babies delivered via C-section are more likely to suffer from certain health issues, and the risk com complications may be higher when a C-section is performed unnecessarily. For example, babies born by C-section often suffer from difficulty breathing, and in many instances, their difficulties are so severe that they require intensive care. They also face a higher risk of developing diabetes or asthma. C-sections frequently cause babies to suffer lacerations, scarring, and fractures as well. In some cases, an infant will suffer a reaction to the anesthesia administered to the mother prior to the C-section and will require emergency care.Proving Liability for Harm Caused by an Unnecessary C-Section
While most birth injury lawsuits arise out of a healthcare provider’s failure to provide treatment or the improper rendering of treatment, a healthcare provider may also be held liable for harm caused by unneeded treatment, such as an unnecessary C-section. Regardless of the manner in which the harm arose, in most lawsuits seeking damages for birth injuries, the plaintiff will allege that the defendant acted negligently.
In Maryland, a plaintiff alleging that a defendant should be held liable for birth injuries on a theory of negligence must prove that the defendant owed a duty to the plaintiff to provide treatment that complied with the standard of care, but that the defendant breached the duty owed. The standard of care that applies is the care that a competent physician in the same specialty as the defendant would provide in a similar situation. Usually, the standard of care and the manner in which the defendant breached the standard must be explained by an expert, who also practices in the same specialty as the defendant. The plaintiff must also demonstrate that the defendant’s breach of the standard of care proximately caused the plaintiff’s harm. In other words, the plaintiff must show that if the defendant did not perform the C-section, the plaintiff would not have suffered damages.Damages Recoverable in a Birth Injury Lawsuit
When a child suffers an injury at birth due to an unnecessary C-section, both the child and the child’s parents may be able to recover damages, including the cost of any medical treatment the child needed to undergo for the injuries caused by the C-section, as well as the cost of treatment the child will need in the future. If the child’s ability to earn a living was diminished due to his or her injuries, the child may be able to recover damages for loss of earnings. If the child’s parents were unable to work due to the child’s injuries, the parents may also be able to recover lost wages. Damages are often awarded for the pain, suffering, and mental anguish caused by birth injuries as well.Seek Counsel from a Capable Baltimore Lawyer
In many instances, a C-section is required due to risks presented by a natural delivery. However, when a physician performs a C-section without justification, it can cause significant injuries. If your child suffered a birth injury because of an unnecessary C-section, you should seek advice from an attorney regarding what compensation you and your child may be owed. The attorneys of Arfaa Law Group represent families in birth injury lawsuits in the Maryland courts. Our office is located in Baltimore and you can contact us though our online form or at 410-889-1850 to set up a confidential and free meeting to discuss your case.