Legal Rights After C-Section Injury in NY

Medical science is more advanced than it’s ever been. Despite that, childbirth still carries substantial risks for both mothers and babies. If you or your baby have been injured during the process of a C-section, you may wonder whether you have any legal recourse. 

Fortunately, in many cases, you do. The best way to understand your rights in a specific situation is to talk to a lawyer, but below is an overview of what you need to know. 

Common C-Section Injuries

In a cesarean section (commonly called a “C-section”), a baby is delivered through an incision in the mother’s abdomen and uterus. This surgical procedure may be done if there are unforeseen complications with the birth. Sometimes, a woman and her doctor may plan a C-section delivery ahead of time. 

Often, doctors performing C-sections have enough experience that an error is unlikely — but injuries due to medical errors still can (and do) happen. These are some of the most common injuries to mothers: 

• Anesthesia-related injuries
• Excessive blood loss
• Infections at the surgical site
• Bowel damage
• Complications from surgical tools being left inside the body

In general, C-sections are riskier for mothers, but babies can suffer injuries during the procedure, too. Babies sometimes struggle with breathing problems after a C-section, and they also can be nicked or cut with a surgeon’s scalpel. 

After a C-Section Injury, You Have the Right to Pursue Compensation

If you have suffered a major injury related to your C-section — or if your baby was badly injured during the procedure — you may want to consider filing a medical malpractice lawsuit. Money can’t undo a traumatic experience, but it can help you access the quality treatment you need to heal. 

However, not every surgical error or injury is grounds for a medical malpractice lawsuit. Here’s a look at how to determine whether your injury was the result of malpractice. 

How Do You Know if You Have a Viable Medical Malpractice Case?

For a medical professional to be guilty of medical malpractice, they must have failed to deliver an appropriate standard of care. Something like a minor post-surgical infection is unlikely to be grounds for a malpractice case because minor infections are a treatable, relatively common complication of many surgical procedures. 

However, if you develop an infection after your C-section, your doctor refuses to treat it, and you develop sepsis as a result, you might have a strong malpractice case. Any competent doctor knows that an infection — and especially an infection at a surgical site — can quickly become much worse without treatment. 

Here are a few other examples of situations that could lead to malpractice cases: 

• Your doctor waited too long to perform the C-section, and your baby suffered brain damage as a result
• Your doctor caused a bowel perforation and didn’t repair it
• You developed a severe infection because the doctor did not sterilize surgical tools
• You suffered complications from blood loss because your doctor took no steps to control it

Keep in mind that medical malpractice is an incredibly complex area of the law. Sometimes, a case that seems easily winnable from the outside is unlikely to succeed in court. Likewise, you might come to an attorney with what you think is a weak case and find out you have a good chance of winning. 

Ultimately, the only way to know whether you have a strong medical malpractice case is to consult with an experienced lawyer. 

How Long Do You Have to File a Lawsuit?

As with most other states, New York’s medical malpractice laws are slightly different than those for personal injury cases. For example, the statute of limitations for negligence-based personal injury claims in New York is three years. For a medical malpractice case, however, the statute of limitations is 2.5 years. 

It’s unwise to wait until the statute of limitations is nearing its end to talk to a lawyer. It takes time to build any personal injury case, but medical malpractice cases are notoriously complex. The longer you can give your lawyer to research your case, gather evidence, and build an argument, the better your chances of success. 

Have You Suffered a C-Section Injury?

Your first days as a new parent should be filled with joy as you get to know your new baby. If you must also spend those days struggling with a serious C-section injury, you deserve to be compensated. 

Medical malpractice cases can be complex, but the Silberstein and Miklos team has years of experience securing justice for people like you. Give us a call or get in touch online for a free consultation.