OB-GYN Malpractice

The birth of a baby is among the most awaited and joyous moments in our lives. However pregnancy and the birth process can be risky.

An OB-GYN malpractice lawyer can assist you in understanding your rights and file a successful claim. You'll need to prove the following: breach, duty of duty, causation and damages.

Misdiagnosis and Failure to Diagnose

One of the most prevalent types of OB-GYN malpractices is the failure to recognize the condition that could result in potential consequences for mother and baby. If a doctor fails to detect early warning signs, such as preeclampsia and gestational diabetes, the patient may suffer permanent damage and also financial or emotional strain.

Incorrect interpretation of diagnostic tests such as ultrasounds or mammograms, is another common form of obstetric malpractice. These mistakes can cause unnecessary anxiety and/or incorrect treatment decisions. In some cases the negligence of a gynecologist may cause surgical complications or even serious injuries like strokes or hematomas.

Surgical errors during a hysterectomy, or a cesarean, are another common cause of OB/GYN malpractice lawsuits. Whether the error is caused by a poor surgical technique, inability to properly manage postoperative care or even the wrong interpretation of test results, this kind of negligence can lead to serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. A skilled attorney can help by analyzing medical records, identifying responsible parties, and ensuring that the claim is filed according to the applicable laws.

The principle legal basis behind the OB-GYN malpractice claims is negligence. A doctor could be held responsible for malpractice if he or does not adhere to the standard of care that a reasonably competent professional would have offered in similar circumstances, and the deviation causes harm to patients. Proving that an OB-GYN acted negligently during their practice requires careful investigation of medical evidence and evidence from experts. According to the severity of the medical malpractice alleged, a client could be entitled to damages for compensation, which could include medical bills, loss of income, emotional trauma and punitive damages designed to punish medical professionals for their inexplicable acts.

Birth Injuries

When they are pregnant and giving birth, mothers are heavily dependent on the advice and treatment given by their OB/GYN physicians. Unfortunately, unexpected complications during childbirth can occur. Obstetricians are prone to make mistakes that can cause injuries to the mother or child when complications occur. In the worst cases of medical error, a mother or baby may die.

Physical birth injuries can range from a minor tear in the perineum to damage to the pelvic nervous system, also known as pudendal neuropathy, which causes long-term discomfort in the vaginal region and the rectum. The most grave physical birth injuries are spinal cord injuries. These can range from mild bruises to complete spinal cord tears. These injuries can result from the improper use of vacuum extractors or forceps that cause the doctor to twist the fetus' head during the delivery.

Shoulder dystocia may also result in an injury law firm to the spine. This is when the baby's head is stuck in the birth canal. Erb's palsy and brachial plexus injuries, which affect the nerves in the arms and hands, are also common causes of spinal cord injury lawyers.

In addition to physical birth injuries, it's also normal for women who undergo labor and delivery to suffer emotional or psychological injuries. These types of injuries are very distressing and can lead to anxiety, fears flashbacks, nightmares, or difficulty sleeping. Women who have suffered these emotional or psychological injuries which are sometimes referred to as birth trauma, may be entitled to compensation. Compensatory damages may be awarded to pay medical expenses as well as lost wages, therapy and rehabilitation and replacement services. In the event of wrongful death the punitive damages could be awarded to punish the defendant and deter similar behavior in the future.

Failure to perform a C-Section

There are occasions in a birth room where C-sections in emergency are necessary to ensure the safety of both mother and baby. A fibroid that blocks the birth canal, pelvic fractures the baby is too big to fit through the vagina or breech, or other serious medical conditions may require an immediate C section. In the event of a delay in performing a C-section, in these situations could result in serious injuries and potentially even death.

Gynecological errors that involve surgical errors such as hysterectomies and cesarean sections are a frequent reason for malpractice lawsuits against OB-GYNs. These errors could be the result of poor surgical technique, improper planning, or failure to follow-up on treatment plans. It could also be due to an inability to inform patients of the risks of a procedure or misinterpreting diagnostic tests.

Gynecologists or obstetricians have a responsibility to monitor the health of a woman during pregnancy and all processes associated in caring for her, the fetus, and the mother until the moment of delivery. If they fail to uphold the standard of care and an injury occurs, it can be viewed as a type of medical malpractice.

If you believe that you or your child has been harmed due to an OB-GYN mistake, it's important to consult with an experienced New York City OBGYN malpractice attorney right away. A birth injury claim lawyer lawyer can assist you in exercising your rights and get the compensation you are entitled to. To learn more, contact Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have a wealth of experience in obstetrical malpractice cases and will fight to hold the responsible parties accountable for their actions. You can be sure that we will give you the best possible legal representation.

Uterine Rupture

Uterine rupture is one of the more serious complications during birth. If doctors are not able to diagnose and birth the baby before the uterus ruptures, both the mother and baby will be at risk of life-threatening complications.

Doctors must be vigilant in detecting symptoms of uterine rupture. This includes bleeding from the vaginal area, and a change to the pattern of heart tones of the fetus during labor. If these signs are present and they are able to detect them, they must be prepared to perform a C-section in the event of an emergency.

In the event of uterine rupture the fetus or placenta may protrude from the tear. This puts the fetus in the risk of being oxygen deficient. Hypoxia can cause serious brain injuries, such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail recognize the signs of a ruptured uterus, and don't immediately begin the delivery process, the baby could suffer brain injuries related to hypoxia or even die.

The uterus may rupture spontaneously without the presence of any predisposing factors during early pregnancy. It can be difficult to diagnose because the signs and symptoms are nonspecific and can easily be misinterpreted to mean other conditions, like abdominal pain, uterine fibroids or vaginal bleeding. A doctor's index for suspicion of uterine rupture should be high, since the outcome can be disastrous.

Six percent of babies are believed to die from ruptured uterus. The odds of survival increase dramatically when the uterus is discovered and delivered within 30 minutes. Obstetricians must be attentive to the patient's medical history and closely observe her.

Birth Defects

Around one of 33 babies born in the United States is born with a birth defect. These defects can be severe or minor, and impact the baby's appearance organ function, appearance, mental and physical development. They may also cause health complications or even death if they are not treated in utero. Ultrasounds with high resolution are able to detect numerous birth defects that can occur during pregnancy. Other testing options like amniocentesis, and blood tests, might be available.

Some birth defects, like Cleft palates or cleft lips are easily detected after the baby's birth. Other issues, like learning disabilities and scoliosis, may not be discovered until later in adulthood or childhood. Some of these issues can be fixed by surgery, such as repairs to the cleft lip and palate while others may require ongoing treatment, such as dental therapy or speech therapy.

Although most birth defects can't be prevented taking a prenatal multivitamin containing folate iron, iodine, and folate can help lower the risk of certain congenital disorders. Smoking and Attorneys Injurys using illegal drugs can also increase the chance of developing certain genetic conditions. Maternal-fetal specialists and genetic counsellors can assist in screening to determine if a condition is likely to recur.

If an OB/GYN fails to provide the same level of care that other OB/GYNs provide in similar circumstances, then it is considered to be negligence. To prove obstetrical neglect you must demonstrate that the doctor erred from the standard of care and that this deviation caused injury or harm for the mother or child.