Every year, about 1.2 million women in the United States deliver their babies via Cesarean section, making it one of the most common major surgeries performed in the country. Despite how often these procedures occur, they still carry risks for the mother and the baby. If you have suffered an injury while getting a C-section, knowing your legal options is essential.
Can you file a birth injury claim? The answer will depend on the exact circumstances of the injury you suffered. Learn more about the most common types of C-section injuries you can experience and whether you have the right to file a personal injury claim.
Common Types of C-Section Injuries
Undergoing a C-section could mean the mother and baby face the risk of suffering various types of injuries, with a handful being the most common. Here are some examples that could be categorized as C-section injuries:
Surgical Organ Injuries
A surgical error can lead a medical provider to cut into one of your organs. The bladder and bowel are in the area where the C-section incision typically occurs, so these organs are particularly at risk.
Cutting into an organ can lead to complications like internal bleeding and the development of infections. In the most severe cases, you may need another surgery to address the problem.
Hemorrhages and Blood Clots
Women who need to get a C-section can experience significant blood loss. Surgical trauma can be the cause, or it could occur as a result of a medical professional not realizing that you retained part of the placenta (preventing the uterus from contracting to stop bleeding).
It’s also possible to experience blood clots if you sustain surgical trauma. If not addressed correctly, you can develop deep vein thrombosis, which could be life-threatening.
Anesthesia Reactions
As with all surgical procedures, having a C-section will mean undergoing anesthesia. You could suffer allergic reactions or other negative effects. If your medical provider doesn’t catch these issues quickly enough, catastrophic injuries could occur. In the most serious cases, it’s possible to sustain brain damage from a lack of oxygen.
Infections
If your provider doesn’t maintain a sterile field at all times, they can introduce bacteria and other pathogens into the surgical area. Hospital-acquired infections are complex conditions to treat, and they must be addressed immediately. A doctor who fails to do so in a timely manner risks their patient’s life.
Injuries to the Baby
It’s possible for the baby to also suffer injuries during a C-section. They can experience lacerations if the cut is not performed appropriately, and can also develop cephalohematoma, which is a collection of blood right under the scalp.
If the provider uses too much force during the procedure, the baby can experience broken bones and damage to nerves in the arms or face. In the worst cases, a baby can go without oxygen for too long, leading to irreversible brain damage.
Understanding Your Legal Rights After a C-Section Injury
It’s essential to understand that not every injury you suffer while getting medical care is immediately grounds for a medical malpractice claim. Medical procedures carry risks, and you’ll be given a form to sign that lets you know what these are so that you can make an informed decision about whether to go through the process or not.
Medical malpractice occurs when a healthcare provider makes a preventable mistake. If a reasonably competent provider would not have made the same error that caused your injuries, you may have grounds to file a claim against the responsible party.
To prove that negligence occurred, you will need to show that a duty of care existed between you and the provider and that they breached that duty by offering substandard treatment. You will also need to demonstrate that you sustained losses for which you can be compensated.
These are not simple legal procedures to pursue. It can be difficult to prove that a provider offered substandard care. You will need assistance from expert witnesses in the same field. Even with their testimonies, negotiating with hospital insurance companies is highly complex. You could end up walking away with a settlement that doesn’t address all of your needs.
Contact Our Fort Worth Birth Injury Lawyers at Anderson Injury Lawyers for a Free Consultation
After suffering injuries during a C-section, you may be entitled to begin a personal injury claim against the liable party. To give yourself the best possible chance to succeed, you’ll need an attorney to assist you. With representation, you can focus on healing and not on filing legal paperwork.
At Anderson Injury Lawyers, we can guide you through every step of the medical malpractice claim. Because we offer comprehensive and compassionate guidance, we can make this process a bit easier. Contact our Fort Worth birth injury lawyers at (817) 294-1900 to schedule a free consultation about your case.