A C-section may be medically necessary

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023
A previous post on this blog talked about a major medical malpractice verdict awarded to a woman who was 16 at the time she gave birth. She successfully claimed that her providers should have proceeded with a Cesarean Section, or surgical birth, when her baby showed signs of distress in the womb.
Doctors for the hospital, on the other hand, have a different version of events and say that the woman refused to have a C-Section.
There are many reasons why a woman may need to have a C-Section in order to deliver a healthy child and remain healthy herself. While having a vaginal birth is usually a good idea when there are no medical concerns, it is ultimately the doctor’s job to identify a woman’s risk factors and, when they are present, to press upon the woman the importance of considering a surgical birth.
Some of these risk factors may only become apparent during the childbirth process itself. For example, a mother may need a C-Section when her baby shows signs that the delivery is putting a strain on the baby’s body.
For instance, a high fetal heartrate or one that fluctuates wildly is a sign that a woman will require surgery to deliver a healthy baby, as the child could otherwise suffer oxygen deprivation and, eventually, a hypoxic brain injury. Of course, no one will know whether the child is in distress unless doctors and medical staff monitor the progress of the labor and delivery carefully.
A delayed C-Section, or simply passing on one altogether, is a common cause of birth injuries. Should a doctor play a role in putting off or not offering a C-Section, compensation may be available to both the infant child and his or her parents.
John A. Davis, Jr.

EXPERTLY REVIEWED BY

John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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