Florida C-Section Malpractice Lawyer
Mothers and babies face unique risks during a Cesarean section. When health care professionals fail to provide the level of care expected of them, a C-section can result in serious or permanent consequences. If you or your child has suffered a birth injury due to a C-section procedure, you may be entitled to compensation for medical malpractice. Contact Freedland Harwin Valori Gander to help you fight for justice.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 14, 2024
Table of Contents
- Why Choose FHVG as Your C-Section Injury Attorney?
- C-Section Complications: Risks, Causes, and Negligence Signs
- Are C-Section Injuries Medical Malpractice, and if So, What Actions Should Be Taken?
- Legal Considerations in C-Section Injury Cases
- Contact Our Florida C-Section Injury Attorneys Today for a Free Case Review
A cesarean section, or C-section, is a surgical procedure used to deliver babies when vaginal birth is not possible or considered unsafe. Nearly one-third of babies in the United States are delivered by C-section, with global numbers projected to rise. Although it may seem like a simple procedure, it is a complex surgery that comes with risks to both mothers and babies.
Unfortunately, many doctors make careless mistakes during a C-section, causing serious injuries and substantial losses for victims. If this happened to your family, a Florida C-section malpractice lawyer with Freedland Harwin Valori Gander can help you pursue compensation for medical bills, emotional suffering, and more. Schedule your free consultation with our team today.
Why Choose FHVG as Your C-Section Injury Attorney?
Freedland Harwin Valori Gander’s C-section injury lawyers understand your struggles and can help you navigate this difficult time. We focus on personalized attention for each client, with direct access to a firm partner throughout the process. Our team has been honored for our commitment to justice, receiving recognition from SuperLawyers, Best Lawyers in America, and the South Florida Legal Guide.
Our award-winning birth injury representation in Florida includes the following services:
- Compassionate legal advice and support for families
- Connections to our network of valuable resources, including medical experts
- A thorough investigation of what caused the birth injury
- Collection of evidence, including medical records and witness statements
- Aggressive negotiations to reach a favorable settlement
- Trial representation if we need to take your case to court
Some of our attorneys also have experience defending medical providers on the other side, giving us advantageous insight into their strategy and tactics. Contact us to learn more about our services and how we can help with your case.
Proven Case Results
The lawyers at FHVG have significant experience with birth trauma cases. We have collected millions of dollars in these cases, including a $24.5 million jury verdict on behalf of a family when the physicians performed a c-section improperly on a woman who had placenta accreta. Our jury verdicts have been featured numerous times on the Courtroom Video Network and in other national media outlets.
C-Section Complications: Risks, Causes, and Negligence Signs
A C-section delivery requires a surgical incision through at least seven layers in the abdomen and uterus to deliver the baby, which can lead to preventable injuries.
C-Section Risks to Mother and Baby
While C-section procedures help those who are unable to deliver vaginally, the procedure can lead to complications for the mother, such as the following:
- Infections at the surgical site
- Hemorrhaging
- Blood clots
- Reactions to anesthesia
- Endometritis
C-sections also pose serious risks to the baby when not performed correctly, including:
- Fetal lacerations
- Bone fractures
- Brain damage
- Breathing issues
- Hypoxic-ischemic encephalopathy
- Cerebral palsy
- Erb’s palsy
- Developmental delays
Causes of C-Section Complications
Depending on the circumstances, a mother may have a scheduled C-section or need an emergency C-section. In either case, C-section injuries can occur when a doctor fails to provide the necessary standard of care. Such negligence could include a delay in taking action, a mistake during surgery, or inadequate care after the procedure.
Examples of mistakes that can lead to C-section complications include:
- Failing to communicate the risks of the procedure
- Missing signs that the baby is in distress
- Failing to give the correct amount of anesthesia to the mother
- Making the incision too deep, causing fetal lacerations
- Improper closure of the incision leading to an infection
Possible Signs of Medical Negligence
If you think something may be wrong, seek immediate help. Possible signs of medical negligence during a C-section delivery include the following:
- Fever with redness and sensitivity at the incision site
- Excessive bleeding
- Worsening or lasting pain
- Swelling or discharge at the incision site
It’s also crucial that your child receives the proper exams to check for health conditions and complications following a C-section delivery. Some signs that your child has suffered an injury from an error during a C-section include trauma, lacerations, bruising, hemorrhaging, loss of consciousness, fever, breathing problems, and developmental delays. While some symptoms are apparent, other C-section injuries will require a trained eye to see.
Are C-Section Injuries Medical Malpractice, and if So, What Actions Should Be Taken?
Not all C-section injuries result from medical malpractice. However, if you can prove your doctor’s negligence, you can prevail in a malpractice claim. Our team will carefully investigate and collect evidence to establish all the elements of negligence, including:
- Duty: A doctor-patient relationship gives rise to a duty to provide the standard of care expected from a reasonably competent provider with the same level of training under the same circumstances.
- Breach of duty: Your doctor failed in their duty by deviating from the standard of care through inaction or medical mistakes.
- Causation: The doctor’s breach of duty caused the C-section injuries.
- Damages: The birth injuries led to damages, such as medical bills, pain, suffering, and emotional trauma.
If you suspect medical mistakes led to your injuries, here are some steps to take:
- If possible, avoid discussing concerns with your doctor before speaking with an attorney.
- Contact an experienced Florida C-section lawyer.
- Seek medical care from another qualified doctor.
- Document your symptoms, including pictures or video of the injury.
- Do not post about your possible case on social media.
Our team has extensive experience with medical malpractice cases and can put you in the best position to recover compensation. Schedule a free consultation today.
Legal Considerations in C-Section Injury Cases
Here are some frequently asked questions and answers that may help your family after a negligent C-section delivery.
What Is the Statute of Limitations for C-Section Injuries?
The Florida statute of limitations for medical malpractice claims, including C-section injury cases, is two years from the date of the injury. If you miss the deadline, you forfeit the right to recover damages. However, there can be exceptions to this rule. Contact our team to learn more.
Can C-Section Injuries Be Fatal?
Unfortunately, C-section mistakes can be fatal. Studies show there are about 27 maternal deaths for every 100,000 C-sections in the United States. Another study reveals that C-section deliveries are connected with an increased risk of child mortality when the procedure is not necessary.
Who Is Liable for C-Section Injuries?
Depending on what led to your C-section injuries, liable parties may include negligent doctors, anesthesiologists, other medical staff, hospitals, and medical device manufacturers. Our Florida C-section malpractice attorneys can determine who is liable and what your case may be worth.
In certain cases involving high-risk patients, cesarean sections must be carefully planned. That planning can also involve the anesthesia team, which may have to take additional safety precautions. It is important to hire an experienced team that is familiar with these cases, understands the relevant medicine, and can identify who should be held liable.
What Types of Damages Can Be Pursued In Cases of C-Section Injuries in Florida?
If you qualify to bring a medical malpractice claim after suffering C-section injuries, you may recover the following damages in Florida:
- Medical expenses
- Cost of future medical care
- Lost wages
- Loss of earnings capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
What Compensation Options Are Available for Parents in C-Section Injury Cases in Florida?
The Florida Birth-Related Neurological Injury Compensation Association is a program that helps parents pay for the cost of care after a birth injury. Eligible families can receive state funds to support their child with physical or neurological C-section injuries.
However, these benefits are only available if the at-fault physician participates in the program. Parents can also bring a claim for compensation through the legal system to support their child’s needs.
"In a birth injury claim, there are two basic forms of damages. There are the non-economic damages, which is the loss of capacity to enjoy life, the pain and suffering that the family experiences as a result of having to deal with the injuries that the child has experienced. But probably most importantly, are the economic component. In those instances, we hire a pediatric neurologist, we hire a physiatrist, and those experts will build out a life care plan to talk about the needs as that child gets older."
How Much Does It Cost to Hire a Lawyer?
Most birth injury attorneys work on contingency and do not require upfront fees. Instead, they accept a percentage of your recovery as payment for their service.
Contact Our Florida C-Section Injury Attorneys Today for a Free Case Review
At Freedland Harwin Valori Gander, our attorneys are trusted legal advocates for Florida families. With the knowledge and resources to take on big hospitals, health care corporations, and insurance companies, our team has secured more than $2.6 billion in settlements and verdicts for our clients.
There is no out-of-pocket expense for our legal representation. We work under contingency fee contracts, meaning we only get paid if you get compensation.
If you need legal assistance after a C-section injury, call (954) 467-6400 or schedule a free case review online to see how we can pursue the maximum recovery for your damages.
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