Failure to Perform a Timely Caesarean Section
Failing to perform a timely Caesarean Section (C-section) can lead to a number of serious health problems or even a tragic death. If your child has been hurt as a result of a negligent or untimely C-section, you and your child may be entitled to compensation for the harm that he or she, and indeed the whole family, has suffered. At Lebowitz & Mzhen, our birth injury lawyers work on behalf of Baltimore residents and other Maryland families to pursue the justice and compensation that they deserve. For two decades, our team has handled many medical malpractice cases, and we can help with yours as well.Bringing a Negligence Claim based on Delayed or Late Caesarean Section
A physician’s failure to perform a timely C-section can result in serious and preventable injuries and birth trauma to the infant. There are many complications and other circumstances during the childbirth process that may make a Caesarean necessary. If a physician fails to act promptly in conducting this procedure when it is needed, birth injuries such as brain damage, cerebral palsy, developmental disabilities, and other conditions can potentially arise.
The lack of oxygen to the infant's brain - known as hypoxic ischemic encephalopathy (HIE) or perinatal asphyxia - often results in damage to a newborn's brain. Lack of oxygen delivered through the placenta to a baby can injure other vital organs as well, such as the baby's heart, kidneys and lungs.
Medical malpractice typically occurs when a physician, nurse, or other health care provider fails to use the appropriate level of care when treating a patient. In order to prevail on this type of negligence claim, the plaintiff must demonstrate certain legal elements. First, the health care provider must have owed a legal duty to the patient. Second, the legal duty must have been breached. This means the health care provider failed to abide by the standard of care normally used in the relevant specialty and geographic area. Third, the health care provider’s breach must have been the direct cause of the injury to the patient. Finally, the plaintiff must have incurred quantifiable damages.A key part of our representation involves helping our clients explain what happened. This usually involves introducing testimony by expert witnesses, who can help a judge or jury understand what the health care provider specifically did (or failed to do) that breached the appropriate standard of care.
When a plaintiff establishes a medical malpractice claim, he or she likely will be entitled to damages, often including medical expenses, rehabilitation costs, therapy expenses, pain and suffering, and more. Under Maryland law, injured patients are entitled to seek both economic and non-economic damages.
It is important to note that in Maryland, there is one statute of limitations period for the parents’ claim, and a different statute of limitations period for the infant’s claim. Some procedural complications thus may arise, which is why it is important to consult a qualified attorney who can help you determine the appropriate statute of limitations in your case.Consult a Knowledgeable Medical Malpractice Lawyer in Baltimore
If you believe that your obstetrician failed to perform a timely C-section at a hospital in the Baltimore area, you should speak to a medical malpractice attorney who can explore your options. This type of error can have a long-term adverse impact on a child’s health and development. We understand that this is a stressful time for you and your family, and we try to resolve each case as efficiently as possible. The attorneys at Lebowitz & Mzhen represent individuals and families throughout Maryland and in Washington, D.C. To set up a free consultation, call us toll-free at 800-654-1949 or at 410-654-3600. Alternatively, you can contact us online.