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A fetal laceration is one of the many injuries that can occur during the process of childbirth, specifically a C-section delivery. If a diligent medical provider handles the birth, the chance of any type of injury during childbirth is rare. But those odds increase when providers fail to uphold their duty of care to their patients.
If your child suffered a fetal laceration during your C-section delivery, a fetal lacerations lawyer from Newsome | Melton wants to help you hold the medical professional accountable. We will fight for the compensation you and your child deserve. Our team offers a free initial consultation, during which we will review your case and discuss your options. If you decide to work with us, there is never a fee until we win money for you.
To schedule an appointment, call 888-526-8947 today.
Fetal Lacerations and C-Sections
While a C-section is a safe procedure overall, it does have risks, one of which being fetal lacerations.
Obstetricians, perioperative nurses, and surgical technicians are aware of these risks and have a responsibility to do everything in their power to prevent them. If your child suffered a fetal laceration during a C-section, one or more of the medical professionals involved in your surgery might be liable for medical malpractice. A Newsome | Melton C-section injury lawyer can investigate the case and find out for sure.
Call us today to see how we can help: 888-526-8947.
Risk Factors for Fetal Lacerations During C-Section
Several risk factors make fetal lacerations more likely during C-section. It is the medical provider’s responsibility to be aware of these risk factors and do what they can to prevent or manage them. When an obstetrician or other professional encounters a high-risk situation in preparing for a C-section, they should know what precautions to take.
Common risk factors for fetal laceration include:
- Ruptured membranes before the C-section
- An emergency or rushed C-section
- Low transverse uterine incision
- Active labor
- An inexperienced surgeon or resident
If these or other risk factors were present during your childbirth and the medical provider failed to prevent fetal lacerations from occurring, our attorneys will investigate closely to determine if they failed to uphold the standard of care expected of a medical professional.
Our Fetal Laceration Attorneys Will Build a Compelling Medical Malpractice Case
To show the obstetrician, perioperative nurse, surgical technician, or other medical professional is liable for malpractice, we must build a case that establishes the following four conditions:
- The medical professional owed you (and your child) a duty of care when the fetal laceration occurred (i.e., failed to uphold the standard of care);
- The medical professional deviated from the standard of care;
- You or your child suffered an injury as a result;
- You incurred damages because of your or your child’s injury.
Duty of Care
To show that your doctor had a duty of care to you, we simply must demonstrate that you had a doctor-patient relationship. Our birth trauma lawyers can confirm this by presenting billing statements or insurance paperwork.
Deviation from Standard of Care
We show that the medical provider in question deviated from the standard of care by comparing their actions to what one would expect from a similar provider in the same situation. An expert witness can testify in court and play the role of the other professional. The witness’s testimony will go a long way toward proving your provider failed to uphold the standard of care.
Injury
Once we have established the provider breached their duty to you by failing to uphold the standard of care, we must connect that breach to an injury. In this case, the injury is your child’s fetal laceration.
Damages
Finally, we must show that you suffered damages because of your child’s injury.
Our attorneys know how to investigate, gather evidence, and build a compelling case that makes all four of these conditions clear.
We Help You Recover the Fair Compensation You Deserve
Your child’s fetal lacerations could require months, years, or even a lifetime of care. In some instances, fetal lacerations can lead to lifelong conditions such as cerebral palsy.
We want to make sure the medical provider, not you, pays for this care, as well as compensates you for all other losses you have suffered. Your medical malpractice claim may include some or all of the following damages:
- Current and future medical bills
- Compensation for time away from work/lost earning capacity if you needed to quit your job to take care of your child
- Pain and suffering
- Emotional anguish
- Diminished quality of life
- Permanent scarring or disfigurement
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