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C-Section Gone Wrong | Know Your Rights

C-Section Gone Wrong
Mar 22, 2024 | By Dempsey Kingsland Osteen | Read Time: 4 minutes | Medical Malpractice

A C-section error can cause serious harm to you or your baby. You may feel angry, scared, or betrayed by the medical professionals whom you trusted to help you. On top of this, you might face physical, emotional, and financial challenges as a result of your injury.

If you’re dealing with a C-section gone wrong, know that you aren’t alone. Dempsey Kingsland & Osteen, P.C. is here to help you protect your rights. Our attorneys are ready to assist you in seeking justice and compensation for your damages. 

Contents hide
1 What Is a Cesarean Section?
2 What Can Cause a Botched C-Section?
3 Who Can Be Liable for a C-Section Gone Wrong?
3.1 Your Doctor
3.2 Nurses
3.3 The Hospital
3.4 Other Parties
4 What Should I Do to Protect My Rights?
4.1 Seek Medical Attention
4.2 Document Everything
4.3 Contact an Attorney
5 What Compensation Can I Seek After a Traumatic C-Section?
6 Speak with a Medical Malpractice Lawyer

What Is a Cesarean Section? 

A C-section is a surgical procedure that involves delivering a baby through an incision in the mother’s abdomen and uterus. This may be planned or unplanned, depending on the circumstances and the health of the mother and the baby.

A C-section is generally considered a safe and effective way to deliver a baby. They can be life-saving, especially if risks make delivery difficult or dangerous. But like any surgery, a C-section also carries some risks and potential complications. Therefore, a doctor should only perform this procedure when necessary and with your consent.

What Can Cause a Botched C-Section?

Although there are some risks to having a C-section, these surgeries usually don’t lead to injury. For this reason, any injuries from this procedure can indicate that the medical staff made one of the following mistakes: 

  • Delayed or unnecessary C-section. Performing a C-section too late or unnecessarily, instead of a safer vaginal delivery, can harm both mother and baby.
  • Improper C-section technique. Errors in surgical technique, like incorrect incisions or instrument use, may injure the mother’s organs or the baby.
  • Infection or sepsis. Using unsterile equipment or failing to clean surfaces can lead to dangerous infections after a C-section.
  • Anesthesia complications. Mistakes in dosage or monitoring can lead to allergic reactions or breathing problems during surgery.
  • Excessive bleeding or hemorrhage. Failure to control bleeding during a C-section can lead to severe hemorrhage, endangering the mother’s life.
  • Poor post-operative care. Neglecting proper post-op care, such as medication errors or inadequate wound care, can worsen complications for both mother and baby.

These incidents can cause a range of other injuries. If you notice any other complications after your C-section, call our firm to see if you qualify for compensation.

Who Can Be Liable for a C-Section Gone Wrong?

Before you seek compensation, you need to identify who is responsible for your injuries. This process can be complex, so it’s best to work with an attorney to determine liability.

Your Doctor

Doctors have a duty to keep you and your baby safe during delivery. For example, surgeons must perform the C-section accurately and safely. Likewise, anesthesiologists must administer appropriate anesthesia and monitor your vital signs. If these professionals fail to uphold their duty of care, leading to harm or injury, they can be liable for medical malpractice.

Nurses

Nurses have many duties during treatment, including giving medication and taking care of you after delivery. Negligence may arise if a nurse fails to provide an acceptable standard of care. Examples can include giving you an incorrect dosage or not cleaning your wounds properly. Ultimately, you can take legal action if a nurse’s actions led to your harm.

The Hospital 

Hospitals must ensure that their staff members are trained and supervised. Additionally, they must maintain a clean and sterile environment to reduce the risk of complications. If a hospital fails to meet these standards due to negligence or inadequate care, it can be liable for the resulting harm.

Other Parties

In some cases, other parties not directly involved in the medical procedure may also be liable for a C-section gone wrong. This could include contractors responsible for maintenance or repairs on medical equipment, or suppliers of faulty medical devices used during surgery. 

What Should I Do to Protect My Rights? 

While you can seek compensation from the liable party, the total amount you can recover depends on several factors. To maximize your potential payout, you must act quickly and follow these steps.

Seek Medical Attention

If you encounter any complications or symptoms following the C-section error, prioritize seeking immediate medical attention. Promptly addressing any health concerns helps mitigate further harm and creates a clear medical record of the consequences of the error. Be sure to follow your healthcare provider’s recommendations for ongoing treatment. This will support your recovery and document your efforts to address the situation.

Document Everything

It’s crucial to keep meticulous records of your medical journey surrounding the C-section error. This includes gathering all relevant documentation, such as medical records, test results, and any correspondence with healthcare providers. Be sure to document details of your prenatal care and any complications experienced afterward. These records serve as vital evidence to support your C-section lawsuit and ensure that nothing important is overlooked.

Contact an Attorney

Working with a qualified attorney is crucial in protecting your rights after a C-section error. An attorney can provide personalized advice, evaluate the strength of your case, and explain your legal options moving forward. They will guide you through the complexities of the legal process, advocate on your behalf, and work tirelessly to secure the compensation and justice you deserve. Don’t hesitate to contact Dempsey Kingsland & Osteen, P.C. so we can protect your rights.

What Compensation Can I Seek After a Traumatic C-Section?

Experiencing a traumatic C-section can have lasting physical, emotional, and financial repercussions. Seeking compensation for the following damages can help you get closure and begin a smooth recovery: 

  • Medical expenses,
  • Pain and suffering,
  • Lost wages,
  • Loss of consortium,
  • Disability or disfigurement,
  • Wrongful death, and
  • Punitive damages.

The attorneys at Dempsey Kingsland & Osteen, P.C. excel in identifying and calculating damages. We can help you build a strong case in pursuit of the highest payout possible.

Speak with a Medical Malpractice Lawyer

When you need help, trust the experienced and compassionate team at Dempsey Kingsland & Osteen, P.C. Having earned recognitions like Super Lawyers and Top 100 Trial Lawyers, we are dedicated to advocating for your rights and securing the compensation you deserve. Consultations are free, and we’ll never charge you a fee unless we get a positive outcome for you. Contact us today to schedule your no-obligation consultation.

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Dempsey Kingsland Osteen

The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.

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