OB-GYN Malpractice
The birth of a baby is one of the most awaited and joyous events in life. Pregnancy and delivery can be dangerous.
An OB-GYN lawyer can assist you to understand and submit a successful claim. You will need to show the following: duty, breach, causation and damages.
Incorrect diagnosis or failure to diagnose
One of the most common types of OB-GYN errors is the inability of a doctor to recognize an issue that could lead to serious consequences for the mother and child. If a medical professional fails detect early warning signs, such as preeclampsia and gestational diabetes patients may suffer permanent damage and also financial or emotional strain.
Misinterpretation of diagnostic tests, such as ultrasounds or mammograms is a different type of obstetric malpractice. These mistakes can cause excessive anxiety and/or incorrect treatment decisions. In some cases the carelessness of a gynecologist could result in surgical complications and even serious injuries like hematomas or stroke.
Surgical errors that occur during a hysterectomy or a cesarean section are another frequent reason for OB-GYN malpractice lawsuits. This kind of negligence, whether it's due to poor surgical technique, failures to properly manage postoperative treatment or even a misinterpretation of test results, can cause serious injuries to patients.
Medical malpractice cases can be complex and require the help of an experienced OB-GYN attorney. An experienced attorney can assist by conducting a thorough analysis of the medical records, identifying all liable parties and ensuring that the claim is filed in accordance the applicable laws.
The most common legal theory for OB-GYN claims of malpractice is negligence. Doctors can be held accountable for malpractice if they diverge from the standard of care an appropriately competent health professional would have provided under similar circumstances and this deviation causes harm to the patient. Finding out if an OB-GYN has acted negligently during their work requires a careful review of medical evidence as well as expert testimony. In the event of the medical malpractice alleged an individual patient may 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 egregious actions.
Birth Injuries
During pregnancy and the birth mothers are dependent on the advice and treatment given by their OB/GYN physicians. Unexpected complications can happen during childbirth. If they do, it's possible for a obstetrician to make a mistake that results in injury to the mother or baby. In the worst cases of medical error, a mother or baby can be killed.
Physical birth injuries can range from a minor tear in the perineum to injuries to the pelvic nervous system, known as pudendal nerve that causes chronic discomfort in the vaginal region and the rectum. The most serious of physical birth injuries are spinal cord injuries, which can be severe, ranging from minor bruising to complete spinal cord tears. They may be caused by the incorrect use of vacuum extractors or forceps which can cause the doctor to stretch or compress the fetus' head during delivery.
Shoulder dystocia, a condition in which the baby's head gets stuck in the birth canal during the delivery it can also result in an injury to the spinal cord. Erb's palsy and brachial-plexus injuries, which affect the nerves in the arms and hands, are also frequent causes of spinal injury.
It is normal for women to suffer psychological or emotional traumas during labor and birth, in addition to physical injuries. These kinds of injuries can be extremely stressful and can trigger feelings of anxiety, fear flashbacks, nightmares, or difficulty sleeping. childbirth injury compensation who suffer psychological or emotional injuries - often referred to as birth trauma - could be entitled compensation. Compensation damages may be given to cover medical expenses, lost wages, therapy, rehabilitation and replacement services. In cases of wrongful death punitive damages can be awarded to punish the defendant and discourage similar conduct in the future.
Failure to perform a C-Section
In the delivery room in the delivery room, an emergency C-section could be required to ensure both mother and baby's safety. A fibroid that blocks the birth canal or a pelvic fracture a baby that is too large to fit through the vagina or the breech position, as well as other serious medical conditions may require an immediate C-section. In these cases, failing to perform C-sections C section may result in serious injuries or even death.
Gynecological errors that involve surgical errors like hysterectomies and Cesarean sections are a frequent cause of malpractice lawsuits against OB-GYNs. These errors can result from poor surgical techniques, poor planning, or inability to execute treatment plans. It could also be due to the failure to inform patients of the risks involved with an operation or interpreting incorrectly diagnostic tests.
An obstetrician or Gynecologist has a duty to monitor the health of a woman during pregnancy, and the various processes that involve caring for the fetus and her mother until birth. If they do not meet the standards of care, and an injury occurs, it can be considered to be a case of medical malpractice.
If you believe you or your child has been injured due to an OB-GYN mistake It is important to speak with an experienced New York City OBGYN malpractice attorney immediately. A dedicated birth injury lawyer can help you exercise your rights and receive the full compensation you deserve. To learn more, call Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers are knowledgeable of obstetrical negligence cases and will fight for the responsible parties to be held accountable. You can be sure that we will provide you with the best possible legal representation.
Uterine Rupture
Uterine rupture is among the most serious complications that can occur during birth. If doctors aren't able to identify and deliver a baby before the uterus ruptures, both the mother and baby will be at risk of serious complications.
Doctors are obliged to be on guard and watch out for symptoms of uterine rupture which may include vaginal bleeding, pain and an alteration in the pattern of fetal heart tones 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 rupturing the fetus or placenta could protrude through the tear. This puts the fetus at immediate risk of oxygen deprivation. Hypoxia can lead to severe brain injuries, including hypoxic ischemic disorder (HIE) and cerebral palsy. If medical professionals fail to identify the symptoms of ruptured uterus and fail to immediately begin labor, the baby could be afflicted with hypoxia-related brain injuries, or even die.
The uterus can rupture spontaneously during early pregnancy without any predisposing cause. It can be difficult to identify because the symptoms and signs are nonspecific and can easily be mistaken for other conditions, including abdominal pain, uterine fibroids, or vaginal bleeding. In addition, the doctor's index of suspicion for rupture of the uterus must be high as the consequences can be devastating.
Six percent of babies are believed to die from ruptured uterus. The chances of survival increase dramatically when the uterus is identified and delivered within 30 minutes. This is the reason it is crucial for obstetricians to pay careful attention to the history of a patient and closely monitor her.
Birth Defects
In the United States, approximately 1 in 33 babies is born with a congenital defect. These birth defects can be severe or minor, and impact the baby's appearance organ function, appearance, physical and mental growth. If they are not treated early in the uterus they can cause serious health problems or even death. Many types of birth defects can be detected by using high-resolution ultrasounds during pregnancy, whereas more in-depth testing options like amniocentesis (taking a sample of amniotic fluid) and blood tests may also be available to detect certain conditions.
Certain birth defects, such as Cleft palates or cleft lips are easily detected when the baby is born. Other issues, like learning disabilities and scoliosis might not be identified until later in childhood or adulthood. Some of these conditions can be corrected surgically such as cleft palate and lip repairs, while others require ongoing treatment like speech therapy or dentist care.
Although most birth defects cannot be prevented, taking a prenatal vitamin that contains folate, iodine and iron can aid in reducing the risk of some congenital disorders. Smoking and illegal drug abuse also increase the chance of developing certain genetic disorders. Genetic counselors and maternal-fetal specialists can assist in screening to determine if a condition is likely to recur.
If an OB/GYN fails to provide the same standard of care as other OB/GYNs in similar situations, it could be considered to be a case of malpractice. The key to proving negligence in obstetrics is to show that the physician departed from the norm of care and this deviation resulted in injury or harm to the baby or mother.