The case of cesarean section birth recommended by the gynecologist where normal vaginal delivery was possible certainly comes under the medical malpractices law in Long Island. This is considered as a strict liability wherein the experts failed to diagnose the probability of natural birth or denied the option to her for financial gains. This is clearly specified in the maternity information act in New York. The second possibility of strict liability comes into picture when the gynecologist and the surgeon fail to perform the c section according to the safety standards, resulting in personal injuries to the mother, baby or both.
The medical malpractice lawyers at http://www.yourlawyer.com/long-island-personal-injury will be able to launch a thorough investigation into the personal injury caused by c section surgery. They consider all types of side effects like physically damaged organs, infections or diseases (caused by lack of hygiene and preventive care measures during and after c section) and other types of injuries caused by the c section.
C Section Surgical Malpractice
- The symptoms of c section surgical malpractice may become visible in the baby or the mother. The time for initial symptoms depends on the intensity and nature of personal injury. So, you have to be extremely watchful for a few months after the c section about the health and well being of the mother and baby. If you find any such symptoms you have to get immediate medical attention. The personal injury lawyers recommend getting the diagnosis from a reliable center (other than the previous one). This will help in determining the probable cause of the personal injury. Feel free to talk to the expert about any possibility of the c section surgery you underwent and the present condition. If the answer is yes or may be, you can immediately contact the nearest medical malpractice lawyer in Long Island.
- Your lawyer will be able to initiate the investigations based on the latest scanning report you got. This might include further diagnosis, autopsy and tests from the expert gynecologists. His aim is to establish the evidence of strict liability on part of the hospital and its staffs who conducted the c section on you. This could be a complex and time consuming procedure, but the Long Island lawyers have the required infrastructure and resources to speed up the investigations.
- Once your lawyer is able to establish the evidence he can prepare the lawsuit against the concerned persons. In many of the instances he may try and get the compensation from the responsible hospital through negotiations. If he is unable to do that he can proceed with the lawsuit filing. He will handle all the procedures related to trials, evidences and witnesses, arguments and other legal aspects.
- Your lawyer takes care of the calculations for compensation claim based on many criteria. This includes the financial, physical and psychological damages caused to you after the surgery, during the recovery period and probable effects in the future. At the end of the trials you will be assured of getting the deserved justice provided your lawsuit is genuine.