OB-GYN Malpractice

The birth of a baby is one of the most awaited and joyous events in life. Pregnancy and delivery can be risky.

An OB-GYN malpractice lawyer can help you understand your rights and file a claim that is successful. You must demonstrate the following duties breached, causation, and damages.

Incorrect diagnosis or failure to diagnose

One of the most prevalent types of OB-GYN malpractices is the failure to recognize an issue that could lead to potential consequences for both mother and baby. If a medical professional fails detect warning signs early, such as preeclampsia and gestational diabetic, the patient may be harmed for life as well as financial or emotional strain.

Another type of obstetrical malpractice is the incorrect interpretation of diagnostic tests, such as mammograms or ultrasounds. These mistakes can lead to unnecessary anxiety or incorrect treatment decisions. In some cases, the negligence of a gynecologist may result in surgical complications and even severe injuries, such as strokes or hematomas.

The surgical errors that occur during a hysterectomy, or a cesarean section, are another frequent cause of OB/GYN malpractice suits. Whether the error is caused by a poor surgical technique, inability to properly manage postoperative care or even the wrong interpretation of the results of tests, this type of negligence could result in serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN attorney. A competent attorney can aid by analyzing the medical records, identifying responsible parties, and making sure the claim is filed in accordance with the applicable laws.

The most common legal theory for OB-GYN malpractice claims is negligence. A doctor may be held accountable for malpractice if does not adhere to the standard of health care that a reasonably competent professional would have provided in similar circumstances and the deviation results in harm to a patient. The proof that an OB-GYN was negligently in the course of their work requires a careful investigation of medical evidence and testimony from experts. Depending on the extent of the alleged malpractice an individual patient may be entitled to compensatory damages including medical bills and loss of income, emotional trauma and punitive damages to punish medical professionals who were responsible for their egregious actions.

Birth Injury

During pregnancy and specialized birth injury lawyers mothers are dependent on the advice and treatment provided by their OB/GYN physicians. Unexpected complications can occur during the birthing process. When they do, it is possible for an obstetrician to make a mistake that results in injuries to the mother or baby. In the worst case the medical negligence could cause the death of a baby or mother.

Physical birth injuries may range from a minor tear in the perineum to damage to the pelvic nerve system, also known as pudendal neuropathy which can cause long-term discomfort in the vaginal region and the rectum. The most serious physical birth injury attorney fees injuries are spinal cord injuries that can vary in severity from mild bruises to complete spinal cord tears. They can be caused by improper use of forceps or vacuum extractors, which cause the doctor turn or compress the head of the fetus during delivery.

Shoulder dystocia may also result in an injury to the spine. This is when the baby's head is stuck in the birth canal. Spinal cord injuries can also be caused by Erb's psy or brachial-plexus injuries, which affects the nerves of the hands and arms.

In addition to physical birth injuries, it is also common for women who go through labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be extremely distressing and can cause feelings of anxiety or fears, nightmares, flashbacks, or trouble sleeping. Women who have suffered emotional or psychological injuries - sometimes called birth trauma - could be entitled to compensation. Compensation damages are awarded to cover medical expenses and lost wages, as well as rehabilitation, therapy and replacement services. In cases of wrongful death, punitive damages may be awarded to punish the offender and deter similar behavior in the future.

Failure to perform C-Sections

There are times in a birth room where C-sections in emergency are necessary to ensure the safety of both mother and child. A fibroid that blocks the birth canal, pelvic fractures, an infant that is too large to fit through the vagina, or into breech, and other serious medical conditions may require a prompt C-section. In these cases, failing to perform a C section may result in severe injuries or even death.

Gynecological errors that involve surgical errors like hysterectomies and Cesarean sections are a common reason for malpractice claims against OB-GYNs. These errors could be caused by poor surgical techniques, inadequate planning, or a inability to execute treatment plans. These mistakes could also result from failing to inform patients of the risks involved with a particular procedure, or misinterpreting diagnostic test results.

A gynecologist or obstetrician is required to observe the health of a woman throughout her pregnancy, as well as the various processes that are involved in the care of the fetus and her mother up to the time of birth. If they fail to meet the standards of care, and an injury is sustained, it can be considered a form of medical malpractice.

If you believe that you or your child has been injured due to an OB-GYN mistake it is crucial to speak with an expert New York City OBGYN obstetric malpractice lawyer attorney right away. A dedicated birth injury lawyer can help you exercise your rights and receive the full amount you're due. To learn more, contact Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have extensive experience in obstetrical malpractice cases and will fight to hold the responsible parties accountable for their actions. You can rest assured that we will provide the best possible legal representation.

Uterine Rupture

Uterine rupture is among the most serious complications that can occur during childbirth. If doctors aren't able to identify and deliver the baby before the uterus ruptures, both the mother and the baby will be at risk of sustaining complications.

Doctors must be on guard when detecting symptoms of rupture of the uterus. This includes bleeding from the vaginal region and a change in the heart tone pattern of the fetus during labor. If they notice any of these signs 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 placenta or fetus may protrude from the tear. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can cause serious brain injuries, such as cerebral palsy and hypoxic ischemic encephalopathy. If medical professionals fail recognize the symptoms of a ruptured uterus, and fail to immediately begin delivery, the baby could suffer hypoxia-related brain injuries or even die.

The uterus can rupture on its own without the presence of predisposing factors during pregnancy. It can be difficult to identify uterine rupture because the signs and symptoms are not specific. They can easily be confused with other conditions such as abdominal discomfort, uterine fibroid, or vaginal blood. A doctor's index for suspicion of uterine rupture must be high, since the outcome could be devastating.

It is estimated that six percent of babies die from the rupture of the uterus. The chances of survival are significantly increased if the uterus is able to be identified and delivered within less than 30 minutes. It is important that obstetricians pay attention to the patient's medical history and closely monitor her.

Birth Defects

About 1 in 33 babies in the United States is born with birth defects. These birth injury compensation defects can be minor or severe, and affect the baby's appearance, organ function, and physical and mental growth. If not addressed in utero they could cause serious health complications or even death. High-resolution ultrasounds can detect numerous birth defects that can occur during pregnancy. Other testing options like amniocentesis or blood tests, may also be available.

Some birth defects can be detected immediately after a baby is born, such as cleft lip or cleft palate, while other conditions can only be discovered later in adulthood or during childhood like scoliosis or learning disabilities. Some of these conditions can be corrected surgically such as cleft palate and lip repairs, whereas others require ongoing treatment like dental therapy or speech therapy.

While most birth defects aren't preventable by taking a prenatal vitamin that contains folate, iodine and iron may aid in reducing the risk of some congenital diseases. In addition, smoking and using illegal drugs greatly increase the likelihood of certain genetic abnormalities. Genetic counselors can assist in screening to determine the chance of a certain condition recurring.

If an OB/GYN is unable to offer the same standard of care as other OB/GYNs in similar situations, it could be considered to be a case of as malpractice. The key to proving the negligence of an obstetrician is to prove that the physician departed from the norm of care and this deviation caused harm or injury to the mother or baby.