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4 Things South Florida Parents Need to Know About C-Section Errors


There are numerous reasons pregnant women and their OB-GYNs discuss C-section as the due date approaches, and just as many situations where a physician orders the procedure after labor is already underway. Experts at the Mayo Clinic report that a surgical method is often considered the safest in the presence of certain risk factors, such as multiple births or abnormal positioning of the fetus. When labor is not progressing or your baby is in distress during delivery, a doctor may make the decision for an emergency C-section to support the health of mother and infant.

However, despite the fact that almost one-third of deliveries in the US are via Cesarean, this surgical procedure should never be considered routine. Carelessness can lead to serious harm and devastating losses for your family, so it is wise to consider your legal options. You can trust a Miami birth injury lawyer to handle the details, but here are a few things you should know about your rights after a C-section error.

  1. There are two types of C-Section Claims: Medical professionals refer to the critical time period from “decision to incision” in the context of surgical delivery. There are risks throughout the process, and they can be compounded when health care practitioners do not deliver care within acceptable standards. While every case is unique, C-section mistakes usually involve:
  • Failure to perform a C-section when medically necessary for mother, infant, or both
  • Careless misconduct when performing the surgery
  1. C-Section Errors May Cause Harm to Mother and Fetus: Obviously, there are two patients in this type of surgery, and they are both in extremely vulnerable positions. Sloppy incisions could lead to a perforated bladder, infection at the incision site, or severe scarring and pain in the aftermath. When a doctor does not make a timely decision on a C-section, a fetus in distress may sustain brain damage due to lack of oxygen to the brain.
  1. Different Time Restrictions May Apply: Florida has a two-year statute of limitations on medical malpractice cases, including those based upon birth injuries. You are barred from recovering compensation if you fail to file a lawsuit before the deadline expires. However, there is another time period to note: the statute of repose, i.e., “discovery” rule. If you did not discover injuries to yourself or your infant right away, you may have up to four years to sue.
  1. The Legal Process is Unique for Birth Injury Cases: Claimants are required to submit a statement from a medical expert before suing for birth injuries. This “pre-suit” affidavit must contain that person’s opinion that you have grounds for a medical malpractice action, though you do not have to prove your entire case before filing.

Our South Florida Birth Injuries Attorneys Can Provide Additional Details

These basic facts about C-section errors may help you understand your rights, but it is wise to rely on skilled legal counsel when pursuing your remedies. To learn how our team can assist with your med mal claim, please contact Freidin Brown, P.A. We can schedule a no-cost consultation to discuss your circumstances at our offices.


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