Women who have previously delivered a child by cesarean or C-section may face complications if they attempt to deliver their next child in a vaginal birth. A VBAC can be very high risk and require intense and careful monitoring by the medical team. If the medical team acts carelessly, a Phoenix vaginal birth after cesarean delivery injury lawyer should be consulted.
A birth injury attorney could identify whether physician malpractice occurred by consulting with medical experts and evaluating the mother and infant’s medical records. If the doctor failed to uphold the standard of care that an otherwise competent healthcare professional would have provided under the same circumstances, they may have committed malpractice and be liable for the patient’s damages.
Performing a vaginal birth after having had a C-section can cause a rupture in the uterus. A rupture may occur at the location of the previous cesarean. If this happens, the results can be catastrophic, even fatal. A uterine rupture could cause a lack of oxygen, brain injuries, and internal bleeding.
Signs that a uterine rupture may have occurred include increased bleeding, discomfort at the location of the prior cesarean incision, and diminished contractions. Expectant mothers who have previously experienced a uterine rupture or who have uterine scar tissue from prior procedures are at a higher risk.
To establish medical negligence on behalf of a patient, an experienced attorney must prove four elements. These include:
There are numerous ways that a physician may neglect their duty of care in a VBAC. Inadequate monitoring practices, failure to detect warning indications of a rupture, or delaying to conduct a cesarean if one is needed could be held as medical negligence. If a patient believes that their physician did not properly inform them of the potential risks associated with a vaginal birth after cesarean or did not take appropriate measures to prevent injury, they should speak with an experienced lawyer to discuss their legal options.
Per Arizona Revised Statutes § 12-542, the law provides claimants harmed during birth two years to pursue a legal claim in a court of law. The two-year timeline begins on the date of the injury.
However, there are exceptions to the standard deadline. For instance, if a patient could not have discovered that they were injured immediately following the medical error, the two-year period would not start until they learn of their injury or should reasonably become aware that they were injured.
In birth injury claims, the person injured is often a minor, meaning the two-year timeline would delay until the patient’s 18th birthday. A Phoenix VBAC attorney could determine whether any excepts apply and ensure the claimant files their civil suit on time.
A Phoenix vaginal birth after cesarean delivery lawyer could help defend your claim if you have been affected by this type of birth injury. An attorney could review your case and build the most compelling defense possible to ensure you receive appropriate compensation for your damages. Additionally, a lawyer could help you hold the negligent health providers accountable for you and your child’s injuries. Contact Goldwater Law Firm today at 602-502-6000 or fill our online form to schedule a free case evaluation.