OB-GYN Malpractice
The birth of a baby is one of the most anticipated and joyful events in life. Pregnancy and birth can be dangerous.
An OB-GYN malpractice lawyer will help you understand your rights and file a claim that is successful. You must prove the following: breach, duty causation, damages and breach.
Incorrect diagnosis and failure to diagnose
One of the most prevalent kinds of OB-GYN errors is the inability to diagnose an issue that could lead to potential consequences for the mother and baby. If a medical professional fails detect warning signs early, such as preeclampsia and gestational diabetes, the patient may be harmed for life as well as emotional or financial stress.
Incorrect interpretation of diagnostic tests such as mammograms or ultrasounds is a different type of obstetric malpractice. These mistakes can cause unnecessary anxiety or wrong treatment decisions. In legal representation for birth injuries accidentinjurylawyers.claims , a gynecologist's negligence can result in surgical complications, or even grave injuries like strokes or hematomas.
Surgical errors during a hysterectomy, or a cesarean section are another reason that is frequently the source of OB/GYN malpractice lawsuits. This type of negligence, whether it is due to a poor surgical technique, or failure to properly manage postoperative care or even a misinterpretation of results of tests, can cause serious injuries to the patient.
Medical malpractice cases can be a bit complicated and require the help of an experienced OB-GYN attorney. A knowledgeable attorney can assist by analyzing the medical records, identifying the responsible parties, and ensuring that the claim is filed in accordance with applicable laws.
The main legal theory behind the OB-GYN malpractice claims is negligence. A doctor may be held accountable for malpractice if does not adhere to the standard of care that a competent professional would provide 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 practice requires a thorough review of medical evidence as well as evidence from experts. Based on the severity of the alleged misconduct the patient could be entitled to compensatory damages including medical expenses and loss of income, emotional trauma and punitive damages to retaliate against medical professionals who were responsible for their egregious actions.
Birth Injuries
During pregnancy and birth, mothers are heavily dependent on the advice and treatment offered by their OB/GYN doctors. Unexpected complications can arise during childbirth. When they do, it is possible for an obstetrician to make a mistake that causes injuries to the baby or mother. In the worst cases of medical negligence, a mother and baby can suffer a fatal injury.
Physical birth injuries range from a minor tear to the perineal to damage to pelvic nerves called pudendal neuralgia that results in long-term pain in the vagina and rectum (perineum). The most severe of physical birth injuries are spinal cord injuries that can vary in severity from mild bruises to complete spinal cord tears. They are often caused by the improper use of vacuum extractors or forceps, which can cause the doctor to stretch or compress the head of the fetus during the delivery.
Shoulder dystocia, a condition that occurs when the baby's head is stuck in the birth canal during the delivery, can also cause a spinal cord injury. Erb's palsy and brachial plexus injuries which affect nerves in the arms and hands are also frequent causes of spinal injury.
It is normal for women to experience psychological or emotional injuries during labor and delivery in addition to physical injuries. These types of injuries can be incredibly troubling, causing feelings anxiety or anxiety, nightmares, flashbacks or difficulty sleeping. Women who have suffered emotional or psychological injuries which are sometimes called birth trauma, may be entitled to compensation. Compensatory damages may be awarded to pay medical bills and lost wages, as well as rehabilitation and therapy as well as replacement services. In the case of unjustified deaths, punitive damages may be awarded as a retribution for the defendant and to deter future similar conduct.
Failure to perform a C-Section
In the delivery room an emergency C-section may be necessary to ensure both mother and baby's safety. A fibroid that blocks the birth canal or a pelvic fracture the baby is too big to fit through the vagina or the breech position, as well as other serious medical conditions could require an immediate C-section. In these situations, failure to perform C-sections C section may result in serious injuries or even death.
Surgical errors involving gynecological operations like hysterectomies, or cesarean sections, are a frequent cause of malpractice claims against OBGYNs. These errors could be the result of inadequate surgical technique, insufficient planning or failing to follow-up on treatment plans. They could also be due to a failure to inform patients of the risks associated with a procedure or misinterpreting the results of diagnostic tests.
A gynecologist or obstetrician is accountable for monitoring the health of women during pregnancy, and all processes involved in caring for her and the fetus until birth. If they fail to uphold the standard of care and a recurrence occurs, it could be considered to be a case of medical malpractice.
If you suspect that you or your child was harmed due to an OB-GYN mistake, it's important to consult with an expert New York City OBGYN malpractice attorney as soon as possible. A birth injury lawyer will help you to exercise your rights and obtain the compensation you are entitled to. Contact Brown Trial Firm today to schedule a no-obligation consultation. Our lawyers have extensive experience with obstetrical malpractice cases and will fight to hold the responsible parties accountable for their actions. You can rest assured that we will provide you with the best legal representation.
Uterine Rupture
Uterine rupture during childbirth is one of the most serious complications. If doctors fail to recognize and deliver the baby swiftly before the uterus ruptures, both the mother and baby are at risk of sustaining complications.
Doctors are obligated to be on guard and watch out for symptoms of uterine rupture which can be characterized by vaginal bleeding, pain and a change in the pattern of fetal heartbeats 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 case of rupture in the uterus the placenta and fetus may extrude through the tear in the wall of the uterus. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can result in severe brain injuries such as cerebral palsy and hypoxic ischemic encephalopathy. If medical professionals fail to identify the symptoms of a ruptured uterus, and fail to immediately begin delivery the baby may suffer brain injuries related to hypoxia or even die.
The uterus can rupture on its own without the presence of predisposing factors during early pregnancy. It is usually difficult to diagnose because the signs and symptoms are not specific and could easily be mistaken for other conditions, including abdominal pain, uterine fibroids, or vaginal bleeding. In addition, a doctor's suspicion of rupture of the uterus must be high because the result could be catastrophic.
It is estimated that 6 percent of babies die from uterine rupture. The odds of survival increase dramatically if the uterus is diagnosed and delivered within 30 minutes. Obstetricians should be attentive to the patient's medical history and closely monitor her.
Birth Defects
In the United States, approximately 1 out of 33 babies is born with a congenital defect. These birth defects can be minor or severe, and can affect the baby's appearance, organ function, and mental and physical development. They may also cause health issues or even death if treated in utero. Ultrasounds with high resolution can identify numerous birth defects during pregnancy. Other testing options like amniocentesis, and blood tests, may also be available.
Some birth defects can be identified immediately after the birth of a baby for example, cleft lip or cleft palate, and other issues may be discovered later in adulthood or during childhood, such as scoliosis or learning disabilities. Certain of these conditions can be treated by surgery, such as the repair of cleft palate and cleft lip and others might require ongoing treatment such as speech therapy or dental care.
Although most birth defects can't be prevented taking a prenatal multivitamin with folate iron, iodine, or folate can reduce the risk of certain congenital diseases. In addition, smoking and illicit drug use increase the likelihood of certain genetic anomalies. Maternal-fetal medicine specialists and genetic counselors can assist in screening to determine the possibility of a particular condition reoccurring.
An OB-GYN's actions or omissions during a childbirth or pregnancy can be considered negligence if they do not meet the standard of care that other OB/GYNs provide in similar circumstances. The most important thing to prove obstetrical negligence is showing that the physician deviated from the standards of care and that this deviation resulted in injury or harm to the baby or mother.