Birth Injury

Multi-million Dollar Settlement: Emergency C-Section Necessary

Alan Fuchsberg

Becoming a parent is one of the most exciting, fulfilling, and rewarding experiences. In some cases, though, parents come to the difficult realization that not all is as they expected with their child. They can face the heartbreaking fact that their child has suffered a birth injury during labor and delivery. In some cases, if a baby has suffered a birth injury, an emergency C-section could have prevented this misfortune.

Obstetricians, midwives, and labor and delivery nurses should be able to recognize signs of fetal distress. In the face of such ominous indications, a doctor should immediately order that the patient is rushed to the delivery room for a C-section.

This is in accordance with good and accepted medical practice. Conversely, the failure to react accordingly can result in medical malpractice.

Red Flags Calling for an Emergency C-section

Brad Zimmerman, the managing partner of the Jacob Fuchsberg Law Firm, recently represented the family of a three-year-old child who was neurologically impaired as a result of a failure to order an emergency C-section.

The mother was admitted to the hospital to induce labor; she was under the care of midwives and nurses and backed up by an obstetrician. The mother had a protracted second stage of labor for over three hours. The baby was not progressing through the birth canal, while the fetal monitor indicated stress to the baby.Despite these red flags, the doctor and the midwife did not respond, and the labor was permitted to continue.

After birth, which should have happened sooner, the baby was diagnosed with cerebral palsy, which is brain damage that results in global developmental problems in cognition and motor skills.This was a highly emotionally charged case—no child should have to suffer unnecessarily. Brad Zimmerman responded to this case with the conviction and strength that the Jacob Fuchsberg Law Firm is known for.

After several depositions, he secured a multi-million dollar settlement for his client.

If you have questions concerning birth and delivery, please contact our law office for a free consultation 212-869-3500.

We will be happy to guide you in discussing your options.