Who is Liable for Birth Injury Caused by Failure to Perform Timely Emergency Caesarean Section?

During labor, my baby was in fetal distress because his arm was caught in the umbilical cord and he could not be delivered vaginally.  The hospital did not perform a Caesarean section in a timely manner, because they had to wait for an operating room to be available.  As a result, my son was deprived of oxygen and has been diagnosed with Cerebral Palsy.

Answers (1)

Cesarean sections are at an all-time high in the United States, and yet, many infants still suffer injuries as a result of a physician's failure to perform this medical procedure in a timely fashion.  Cerebral palsy is a life-long disability that involves disorders of movement control and muscle coordination.  It can be caused by a lack of oxygen resulting in brain damage.  Medical disorders associated with Cerebral Palsy include, mental impairment, seizures, growth problems, hearing or vision impairment, and motor development delays such as rolling over, sitting, crawling and walking.  This condition does not get better or worse over time.  It is a permanent condition.

A diagnosis of Cerebral Palsy does not mean that someone is at fault.  In some cases, Cerebral Palsy may be prevented and a doctor is only liable when it can be proven that their negligence caused the birth injury.  Negligence may stem from a failure to timely diagnose a problem, misreading the fetal monitoring equipment, undetected fetal distress during labor, or waiting too long before performing an emergency Caesarean section.  This is a highly technical field, which requires the advice of both medical and legal experts in order to determine liability and damage recovery.  You should seek the services of a qualified attorney who specializes in birth trauma injuries.

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