DeKalb County Vaginal Birth After Cesarean (VBAC) Delivery Injury Lawyer

If a woman becomes pregnant again after previously giving birth via a Cesarean section, she may have limited options when it comes to how she wishes to give birth to the child. Vaginal birth after a Cesarean section can present specific risk factors for both mother and child that their doctor should monitor closely. If a complication arises during vaginal birth after Cesarean and the physician fails to detect signs of maternal or fetal distress, the outcome can be catastrophic.

If you or your child sustained injuries during this type of delivery, and you believe that your doctor was negligent, you should get in touch with a DeKalb County vaginal birth after cesarean (VBAC) delivery injury lawyer. An experienced and client-centered birth injury lawyer could fight hard to ensure your financial recovery if your doctor or another medical provider was negligent during your labor and delivery.

Risk Factors for VBAC

There are several specific risk factors that may make a vaginal birth after cesarean delivery particularly challenging and in some cases, unadvisable. The mother’s physician must monitor for these risk factors and apply the appropriate standard of care. The primary reason that most women prefer a vaginal delivery after a Cesarean section is that giving birth vaginally usually carries fewer risks and has a much shorter recovery time.

However, some women may not be eligible candidates for a vaginal birth after cesarean delivery. For example, a woman who has had two or more Cesarean deliveries or is carrying more than one child may not be a good candidate for a vaginal birth. If a woman had a cesarean section within the past year and a half, her chances of complications during a subsequent vaginal delivery are usually much higher. Maternal obesity, a mother who has diabetes, and a child who is in a breech position may also make a vaginal birth after a Cesarean section unadvisable.

One of the most significant complications that can arise is uterine rupture. Sometimes, vaginal delivery can put considerable strain on the scar left behind from the previous Cesarean section, resulting in a high risk of an imminent uterine rupture. If the mother’s uterus ruptures, the child may be swiftly deprived of the necessary oxygen supply, and the mother could experience excessive blood loss. If the doctors do not act quickly, both mother and child can sustain severe or even fatal injuries. Additionally, an infant who is deprived of oxygen may be left-facing lifelong injuries such as cerebral palsy and cognitive impairment.

Proving that the Medical Provider was Negligent

When severe or fatal complications arise from a vaginal birth after cesarean delivery, several factors must be established to prove the liability of the doctor or other medical provider. To prove that the healthcare professional acted negligently during vaginal birth after cesarean delivery, a DeKalb County lawyer would need to show that the doctor’s actions fell below the standard of care that another competent physician would have provided in the same situation.

Furthermore, the medical provider’s failure to apply the standard of care must have been the direct cause of the injuries and losses suffered by the mother or child.

To demonstrate these aspects, attorneys often rely on the experience of an in-house doctor and utilize cutting-edge presentation technology when it comes to settlement agreements or courtroom litigation.

Deadline for VBAC Injury Claims in DeKalb County

Georgia law allows a certain length of time to file a civil claim after medical malpractice. Under O.C.G.A. § 9-3-71, the general deadline to file a medical malpractice claim is two years from the date of injury. Under no circumstance may a case be filed more than five years from the negligent act or injury, which is the statute of repose for medical malpractice cases.

Timelines for Children

The law provides a specific exception for injuries to minor children. If minor children were injured by malpractice and were under the age of five when the negligent act occurs, they have until their seventh birthday before the statute of limitations runs out.  The statute of repose for medical malpractice cases for minors under the age of five does not expire until the child reaches ten years of age.  A DeKalb County attorney could help someone file a timely claim for injuries arising from a vaginal birth after cesarean delivery.

Speak with a DeKalb County Vaginal Birth After Cesarean (VBAC) Delivery Injury Attorney

If you believe your doctor acted negligently during your labor and delivery, you should speak with a DeKalb County vaginal birth after Cesarean (VBAC) delivery injury lawyer. An attorney could explain your legal options and fight hard to get you full compensation for your medical bills, pain, suffering, and other damages sustained by you and your child. Schedule your free case review at any time with a DeKalb County attorney.

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