Minnesota Unnecessary C-Section Malpractice Lawsuit
In Minnesota, Cesarean sections, more commonly referred to as C-sections, increased by 55 percent between 1996 to 2007. As of 2021, the rate of C-sections performed in the state was 27.6 percent. To put that in perspective, the World Health Organization (WHO) has stated in the past that no region’s rate of C-section should exceed between 10 and 15 percent.
Clearly, many of the C-sections performed in the state today are unnecessary, and that places both mothers and their child at great risk of suffering harm. If you or your child has been injured, you may be able to file an unnecessary C-section malpractice lawsuit. A Minnesota birth injury lawyer can advise on the facts of your case and determine whether medical malpractice occurred.
What Injuries Do Unnecessary C-Sections Cause?
C-sections, just as with any surgery, carry a certain amount of risk. It is for this reason they should only be ordered when they are absolutely necessary. Children are placed at a much greater risk when they are delivered via a C-section and when the operation is unnecessary, that risk becomes even higher.
Babies who are delivered during a C-section are more prone to respiratory issues during their lifetime. Sometimes they may develop asthma and when the problem is very severe, they may even have to be admitted into the neonatal intensive care unit (NICU) afterward. Babies may also develop diabetes later in life if they are delivered by a C-section or, they may be allergic to the anesthesia used during the procedure. This is a very serious complication that typically requires emergency care.
How to Prove an Unnecessary C-Section Malpractice Lawsuit
The majority of medical malpractice lawsuits that are based on a birth injury are due to the negligent actions or inactions of a doctor or other healthcare professional. Performing or ordering an unnecessary C-section is one of these actions that could be considered negligent. If you or your child has been injured due to an unnecessary procedure, you can file a lawsuit against the negligent party. To be successful with an unnecessary C-section malpractice lawsuit, you must prove four elements of your case. These include:
- The doctor owed you a high standard of care to provide treatment that is reasonable and complies with certain standards,
- The doctor breached the duty of care they owed you,
- There is a link between the harm you or your child suffered and the unnecessary C-section, and
- You or your child suffered injury or other harm as a result
Another requirement on all medical malpractice cases in Minnesota is that you must obtain a certificate of merit. This certificate is signed by a doctor in the same field as the defendant and states that they would have taken different action and that the defendant did not provide the high standard of care.
Our Birth Injury Lawyers in Minnesota Can Help with Your Unnecessary C-Section Malpractice Lawsuit
If you believe a doctor performed an unnecessary procedure and you or your child was injured as a result, our Minnesota birth injury lawyers can help. At Wais, Vogelstein, Forman, Koch & Norman, LLC, our skilled attorneys have the experience unnecessary C-section malpractice lawsuits require and we want to put it to work for you. Call us today or contact us online to schedule a free consultation and to learn more.