A cesarean section (C-section) is often a preemptive measure that doctors use to avert risks present in a vaginal delivery. However, a delay in this process can change your family’s life forever. A delayed C-section is one of the causes of birth injuries, and it is devastating to realize that your child’s injury might have been prevented with a timely decision.
Every second counts in the delivery room
Timing is critical during a delivery, as this can define the safety of both the mother and her baby. Prompt actions can prevent life-threatening complications and ensure proper fetal development.
Unfortunately, issues can suddenly arise during delivery. For instance, if fetal-monitor strips signal fetal distress, the medical team must respond with an emergency C-section immediately. Otherwise, a delay can cause the baby to suffer from prolonged oxygen deprivation, leading to life-altering conditions like cerebral palsy or hypoxic-ischemic encephalopathy.
A delay in delivery can constitute negligence
A delayed C-section can be a breach of the standard of care required by Florida law. The causes may stem from the following:
- Failing to monitor fetal heart rate patterns
- Ignoring signs of placental abruption or umbilical cord prolapse
- Providing a diagnosis too late
- Lacking hospital facilities and staff
- Failing to communicate properly between medical providers
Florida is unique due to the Florida Birth-Related Neurological Injury Compensation Association (NICA). For severe birth-related neurological injuries, NICA provides a no-fault compensation system.
If your child’s case falls under this, it may be the exclusive remedy, meaning you might be able to file a traditional malpractice lawsuit. It is also important to note that the deadline for NICA claims is five years from your child’s birth.
Taking action immediately
Filing a medical malpractice claim in Florida can be a rigorous process. Before you can file a lawsuit, you must complete these steps:
- Obtain a verified written medical expert opinion from a qualified medical expert who practices in the same or similar specialty as the defendant.
- Submit a claim within two years from the time you discovered the incident or should have discovered it.
Because these timelines are strict and the intersection between NICA and traditional malpractice is complex, it is vital to consult with an attorney experienced in Florida medical malpractice and NICA proceedings promptly.