VBAC & Cesarean Complications
Women who undergo a cesarean section when giving birth can be at risk of being seriously injured if they try to have a vaginal birth with a different, subsequent baby. When doctors fail to recognize that there is a risk, the baby and the mother may both be seriously injured or die in the subsequent delivery. Vaginal birth after cesarean (VBAC) injuries may result from medical malpractice by an OB-Gyn or nurse. If you believe that you may have suffered from VBAC and cesarean section malpractice, you should consult the Syracuse birth injury lawyers at DeFrancisco & Falgiatano.VBAC and Cesarean Section Malpractice
Babies are born either vaginally or by cesarean sections. A cesarean delivery is a surgical procedure in which a fetus is brought out through an incision in the mother’s abdomen. Sometimes mothers plan ahead for cesarean sections, but in other cases, a cesarean section is necessary because an emergency arises during labor. For example, if there are multiple fetuses, a cesarean section may be necessary. Or, for another example, if an infant is undergoing fetal distress, this may necessitate a cesarean section. Similarly, when a fetus is too large, a cesarean section is necessary. Many OB-Gyns choose to conduct a cesarean section for any subsequent births after a cesarean section because vaginal births after cesarean sections can be complicated, and issues may arise.
A VBAC injury might be a result of medical malpractice. Complications arising out of a failure to perform a C-section and permitting a vaginal birth to proceed include infection, retained placenta, uterine rupture and hemorrhage, injuries that necessitate a hysterectomy, and damage to the umbilical cord that causes fetal hypoxia.
A rupture of the uterus in the place where the previous C-section was performed is a major risk of VBAC. A uterine rupture can harm the placenta and can result in a fetus being deprived of oxygen. A fetus that suffers from fetal hypoxia can develop birth injuries, such as cerebral palsy or hypoxic ischemic encephalopathy. These are kinds of brain damage that usually require a lifetime of expensive medical care. Generally, the risk of uterine rupture is increased if labor is induced with misoprostol.
In order to establish a medical malpractice claim, your attorney will need to prove that a health care provider's handling of your VBAC fell below the professional standard of care and caused your injuries. The professional standard of care is the accepted standards and practices of the medical community. In most cases, we will need to retain an expert to provide testimony about what the professional standard of care was and how it was breached by the defendant. The expert will also need to provide testimony about whether the breach caused the injuries or wrongful death.
If we are able to establish liability, our attorneys will be able to recover damages. Damages include both economic and noneconomic losses. Economic losses are tangible losses, and often, they are documented. They may include out-of-pocket expenses, medical costs, income loss, and replacement services. Noneconomic damages are intangible losses, such as pain and suffering, loss of enjoyment of life, and loss of consortium.
The precise nature of the injuries will determine the scope of the damages. If the baby suffers birth injuries, and the mother suffers serious injuries, it may be possible to recover damages not only for the mother but also for the baby. A baby with brain damage arising out of hypoxia, for example, may need lifelong medical care and therapy to function. It may be possible to recover those lifetime costs of care from a doctor whose malpractice caused them.Contact a Knowledgeable Syracuse Attorney for a Birth Injury Case
If you have been injured because of VBAC and cesarean section malpractice, our law firm may be able to help you recover damages from responsible parties. DeFrancisco & Falgiatano represents injured patients in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, and Lyons. Call us at 315-479-9000 or contact us via our online form.