As an established birth-injury lawyer, attorney Jeffrey Killino knows that a pregnancy does not come without risk. He and his outstanding legal team understand that parents put their trust in the medical team that will be a part of one of the most special days in their lives. That special day can become one of the worst when a medical mistake is made and the blessed event is marred. As a child advocate, attorney Killino will fight aggressively on behalf of parents whose children are harmed by mistakes made during the birthing process while, at the same time, offering compassion and personalized care to the families. He and his experienced legal team have the resources and the background to handle multiple types of birth-injury cases, including those involving a doctor’s failure to perform an emergency Caesarean section, and have recovered substantial monetary compensation for parents whose children have suffered such birth injuries.
Experience, Knowledge, Results
The performance of an emergency Caesarean section may sometimes be required during the birthing process. When an obstetrician fails to perform a C-section when one is indicated or fails to perform it in a timely manner, the child may suffer severe injury or death.
If your child has sustained injuries as a result of a physician’s failure to perform an emergency C-section when indicated, you may be entitled to compensation for the damages suffered by your child as a result. Contact birth-injury attorney Jeffrey Killino at 877-875-2927 for a free evaluation of your case.
A Caesarean section (C-section), which is a surgical delivery of a baby through incisions made in a mother’s abdomen and uterus, is usually performed when a vaginal delivery would put the baby’s or mother’s life or health at risk, or when a mother is unable to have a natural birth. In most cases, doctors perform C-sections when problems occur during labor, including the following:
- Labor is slow and hard or stops completely
- The baby shows signs of distress, such as a very fast or slow heart rate
- A problem with the placenta or umbilical cord puts the baby at risk
- The baby is too large to be delivered vaginally
Risk Factors for Mother and Child
Despite the necessity for a C-section delivery under certain circumstances, a C-Section itself involves many risks for both mother and child. Risks to a mother from this major surgery include infection of the incision or the uterus; heavy blood loss; blood clots; reactions to medication or anesthesia; damage to organs, including the uterus, fallopian tubes, ovaries, or bladder; damage to the intestines, including a perforation or a hole in the intestinal lining; burn injuries; heart or lung problems; high blood pressure; and abdominal adhesions.
Risks to a baby from the performance of a Caesarean section include fractures to the skull or long bones; scratches or cuts; serious brain or nerve damage; and breathing problems if the baby was delivered before the due date.
- A Caesarean section, which is the method of delivery in approximately 2 of 10 childbirths, is the most commonly performed major surgery in the United States.
- In the past 40 years, the rate of Caesarean deliveries has increased from about 1 out of 20 births to about 1 out of 4 births, a trend that has caused experts to worry that C-sections are being resorted to more often than necessary. Experts also feel that C-sections should only be performed for medical reasons, due to the risks to mother and child.
- The World Health Organization (WHO) states that no region in the world is justified in having a Caesarean rate greater than 10 to 15 percent.
- According to the American Academy of Pediatrics (AAP), delivery of a child by C-section significantly reduces the risk of neonatal death for infants delivered between 22 and 25 weeks of gestation.
- A Caesarean section poses documented medical risks to the mother’s health, including infections, hemorrhage, transfusion, psychological complications, and a maternal mortality rate 2 to 4 times greater than that for a vaginal birth.
Legal Liability for C-section Injuries
A child may suffer injuries as a result of a failure to perform a C-section when one is indicated or a failure to perform such a C-section in a timely manner. Medical errors may also occur during a C-section itself, even though the C-section was performed when indicated and was performed on a timely basis. In either case, if the negligence of medical personnel is a cause of a child’s or mother’s C-section injury, the mother and/or child may be entitled to compensation for the damages they suffered as a result in an action for medical malpractice.
Failure to Perform a C-section When Indicated
If a physician fails to perform a C-section when one is indicated, the child may sustain serious injuries or die as a result. If a mother’s labor is progressing at a rate that is considered unsafe for the baby, a C-section may be indicated. If a fetus shows signs of distress that indicate a shortage or lack of oxygen, a C-section may be required to save the baby’s life. A physician’s failure to carefully monitor fetal signs and the mother’s labor may be found to constitute negligence in the care of the child and may subject the physician to liability in a medical malpractice action for the damages sustained by the child as a result of the physician’s decision to have the mother vaginally delivery her child.
Failure to Perform a Timely C-section
A physician’s decision to perform a C-section when it is too late to prevent or manage certain childbirth complications may also constitute negligence and resultant liability on the part of an obstetrician. If, for example, a delayed C-section results in oxygen deprivation to the baby for a period of time, the injuries sustained by the child as a result of the increased oxygen deprivation resulting from the delay may be compensable in a medical-malpractice action brought against the physician.
Errors Made during C-section Procedure
As is true with respect to any major surgery, many errors may be made in the course of C-section surgery, due to negligence or medical malpractice. Such negligence may be committed by nurses, surgical assistants, anesthesiologists, or surgeons and may be attributed not only to those individuals but also to their employers.
Injuries that result from negligence during a C-section surgery may include injuries to both mother and child, including lacerations to the baby’s skin, organ damage to either mother or child, and nerve damage to either mother or child.
If your obstetrician performed an emergency C-section and you and/or your child were injured as a result, you may be entitled to financial compensation for your injuries. As an experienced birth-injury lawyer, attorney Jeffrey Killino will provide you with exceptional legal advice regarding any birth injury your child may have sustained. Attorney Killino will exhaustively investigate the causes of your injuries and aggressively fight to obtain the compensation and justice you deserve.
Contact birth-injury lawyer Jeffrey Killino at 877-875-2927 for more information about your legal rights and options.