How do you claim compensation for C Section injuries which needed a second surgical procedure to repair a damaged bladder?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Claiming compensation for C Section injuries in this scenario can often be complicated as it has to be shown that the damage to your bladder was avoidable ‘at the time and in the circumstances’ and was caused by medical negligence.
There are times when the bladder can be in abnormal position over the uterus during a C Section procedure because the baby´s head lies deep in the pelvis. When this is the case, an injury to the bladder is far more likely and a medical practitioner would not be considered to have demonstrated a poor professional performance if bladder damage was sustained in these circumstances.
If you believe that the injuries you received could have been avoided had greater care been taken (and please note that you did not specify exactly what injuries were sustained in your question) and feel that you are entitled to make a claim for negligent C Section surgery, you should speak with a solicitor directly.
Once you have explained to the solicitor the reason why you underwent a C Section procedure (planned/emergency), whether or not the C Section was performed while you were in labour (increased risk of bladder injury) and what phase of cervical dilation you had reached, the solicitor will consult with an independent medical expert to establish whether you may have a justifiable claim for negligent C Section surgery.
If so, the solicitor will make a formal complaint on your behalf and request the medical notes from your C Section procedure to ascertain (with the medical expert´s assistance) whether the injuries you sustained in the C Section procedure could have been avoided with greater care. Should it appear ‘on the balance of probabilities’ that you did indeed suffer an avoidable injury, your solicitor will send a ‘Letter of Claim’ to the hospital at which you underwent the C Section procedure, advising them that you are claiming compensation for C Section injuries and supporting the letter with the medical expert´s evidence in support of your claim for negligent C Section surgery.
How long it will take to resolve your claim for negligent C Section surgery will depend on the strength of the case that your solicitor has compiled. It may be that an offer of compensation for C Section injuries is received quickly; in which case your solicitor will advise you whether it is acceptable or if a more appropriate settlement could be negotiated.
The most important consideration is that you speak with a solicitor as soon as practically possible so that evidence of negligence can be collected as quickly as possible if it considered that you have a claim for negligent C Section surgery which is worth your while to pursue.