Facial laceration during C section...

by Amy
(Florence, SC, USA)

I had a normal 39 week pregnancy and a scheduled c section. When the doctor cut into my stomach he cut too deep and cut my daughter across the face. She has a scar to this day and she is now 3 1/2 years old. Is the surgeon legally responsible for the scar? How can we get my daughter restitution for this scar that will likely cause her lifelong grief?

Visitor Question:
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ANSWER for "Facial laceration during C section...":

Amy (Florence, SC, USA):

In the State of South Carolina when medical malpractice is perpetrated upon a minor, the statute of limitations is 7 years from the date of the minor's injury, or if the case isn't filed within 7 years, then the minor has up to one year after her eighteenth birthday to file her own medical malpractice claim.

So you're in luck. You have sufficient time to file a medical malpractice lawsuit on behalf of your daughter. From the facts you present you seem to have the basis of a very strong medical malpractice case. I'm wondering if, at the time of your daughter's injury the hospital or someone else on behalf of the doctor had you sign a release. If so, then you may be precluded from filing a medical malpractice claim.

The good news is, even if you did sign some form of release, your daughter will still be able to file her own medical malpractice case within a year after her eighteenth birthday.

Regardless of what avenue you choose to take, you'll need professional legal representation. You can't handle a med mal case on your own. Only an experienced personal injury attorney can take on the hospital and doctor. These cases are very complex. Depositions have to be taken, records subpoenaed, etc.

Medical malpractice attorneys do not charge a fee for an initial office consultation. If an attorney accepts your case on behalf of your daughter you will not have to pay any money in advance. The attorney pays all the costs. The attorney is paid only if he or she wins the case or settles it. If not, you owe nothing. Gather copies of all your daughter's medical records and bills. Make several appointments with different attorneys and bring along your all your daughter's records.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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