OB-GYN Malpractice
The birth of a baby is among the most awaited and joyful moments in our lives. However, pregnancy and the delivery process can be risky.
An OB-GYN malpractice lawyer will help you understand your rights and file a successful claim. You must prove the following: duty, breach, causation and damages.
Misdiagnosis and Failure to Diagnose
One of the most frequent types of OB-GYN errors is the failure of a doctor to recognize an illness that could have serious consequences for mother and child. If a medical professional is unable to spot early warning signs such as preeclampsia or gestational diabetes, the patient could suffer permanent damage, as also emotional and financial stress.
Misinterpretation of diagnostic tests, such as mammograms or ultrasounds is a different type of medical malpractice in the obstetric field. These errors can lead to unnecessary anxiety and/or incorrect treatment decisions. In some cases, a gynecologist's negligence can lead to surgical complications or even severe injuries such as hematomas or strokes.
Surgery errors during a hysterectomy or a cesarean, are another common cause of OB/GYN malpractice lawsuits. Whether the error is caused by poor surgical technique, a failure to properly manage postoperative care, or even a misinterpretation of the results of tests, this type of negligence can cause serious injuries to the patient.
Medical malpractice cases can be complex and require the services of an expert OB-GYN
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The most important legal basis for OB-GYN malpractice claims stems from negligence. A doctor may be held responsible for malpractice if does not adhere to the standard of health care that a reasonably competent professional would provide in similar circumstances and the deviation causes harm to a patient. The proof that an OB-GYN was negligently in the course of their practice requires a thorough examination of medical evidence and testimony from experts. Based on the severity of the malpractice alleged, a client may be entitled to compensatory damages including medical expenses, emotional trauma, lost income, and punitive damages designed to punish medical professionals who were responsible for their reckless actions.
Birth
injury lawsuitThroughout the pregnancy and birthing process, mothers are largely dependent on the recommendations and treatment from their OB/GYN physicians. Unexpected complications can arise during the birthing process. When they do, it's possible for an obstetrician make a mistake that results in injury to the baby or mother. In the worst cases of medical negligence, a mother and baby could die.
Physical birth injuries range from a minor perineal tear to damage to pelvic nerves called pudendal neuralgia which causes long-term pain around the vagina and the rectum (perineum). The most serious of physical birth injuries are spinal cord injuries, which can be severe, ranging from minor bruising to complete spinal cord tears. These injuries are often caused by the incorrect use of forceps or vacuum extractors, which causes the doctor to twist the fetus' head during delivery.
Shoulder dystocia, which is a condition where the baby's head gets stuck in the birth canal during the delivery, can also cause injuries to the spinal cord. Erb's palsy and brachial plexus injuries that affect the nerves in the arms and hands are also common causes of spinal
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It is normal for women to experience psychological or emotional injuries during labor and birth, in addition to physical injuries. These types of injuries can be very distressing, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered emotional or psychological injuries often called birth trauma, could be entitled to compensation. Compensation damages may be awarded to cover medical expenses and lost wages, as well as rehabilitation, therapy, and replacement services. In the event of wrongful deaths, punitive damages can be awarded as a punishment for the defendant and to deter future similar conduct.
Failure to perform a C-Section
In the birth room, an emergency C section may be necessary to ensure both mother and baby's safety. A fibroid blocking the birth canal or pelvic fracture, a baby that is too large to pass through the vagina or in the breech position, as well as other serious medical issues may necessitate an immediate C-section. Failing to perform a C-section in such situations could lead to severe injuries and potentially even death.
Gynecological errors that involve surgical errors such as hysterectomies and cesarean sections are a frequent reason for malpractice claims against OB-GYNs. These errors could be the result of inadequate surgical technique, insufficient planning or failure to follow up on treatment plans. These mistakes could also result from not informing patients of the risks that come with a particular procedure, or making mistakes in the interpretation of diagnostic test results.
An obstetrician or Gynecologist is required to observe the health of a woman throughout her pregnancy, and the entire process that are involved in the care of the fetus and her mother until the time of birth. 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 or your child believe that you have been injured due to an OB/GYN mistake, you should consult an experienced New York City OBGYN negligence attorney right away. A skilled birth
injury attorney near me lawyer will help you exercise your rights and obtain the full amount you're due. For more information, contact Brown Trial Firm to schedule a free consultation today. Our lawyers are knowledgeable of obstetrical negligence cases and will fight for the responsible parties to be held accountable. You can be confident that we will provide you with the most effective legal representation.
Uterine Rupture
Uterine rupture is one of the more serious complications during birth. If doctors are unable to diagnose and deliver a baby before the uterus ruptures both the mother and the baby will be at risk of life-threatening complications.
Doctors are required to be alert and be on the lookout for symptoms of uterine rupture which include pain, vaginal bleeding and a change in the pattern of fetal heartbeats during labor. They should be prepared to perform an emergency C-section if these signs occur.
In the event of a ruptured uterine the placenta and fetus may extrude through the the wall of the uterus. The fetus is immediately at risk of deprivation of oxygen. Hypoxia can result in serious brain injuries, such as hypoxic ischemic brain
injury claims lawyers (HIE) and cerebral palsy. If medical professionals fail to spot the symptoms of uterine rupture and then immediately begin the delivery process the baby could suffer from hypoxia-related brain injury or even die.
The uterus may rupture spontaneously during early pregnancy without any predisposing factor. It can be difficult to determine if uterine rupture is occurring because the signs and symptoms are not specific. It is easy to be confused with other conditions, such as abdominal discomfort, uterine fibroids or vaginal blood. The doctor's suspicion index of uterine rupture should be high, because the outcome can be disastrous.
Six percent of babies are thought to die from ruptured uterus. The odds of survival are significantly increased when the uterus is discovered and delivered within 30 minutes. This is why it is vital for obstetricians to pay careful attention to the history of a patient and follow her closely.
Birth Defects
One of 33 babies born in the United States is born with birth defects. These defects can be minor or severe, and affect the baby's appearance organ function, appearance, mental and physical development. If they are not treated early in the uterus they could cause serious health complications or even death. Ultrasounds with high resolution are able to detect many types of birth defects that can occur during pregnancy. Other testing options, such as amniocentesis and blood tests, might be available.
Certain birth defects, such as the cleft palate or cleft lips can be identified immediately after the baby is born. Other conditions, such learning disabilities and scoliosis are not always discovered 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 such as dental therapy or speech therapy.
Although the majority of birth defects cannot be prevented taking a prenatal multivitamin that contains folate, iron, and iodine can help reduce the risk of developing certain congenital disorders. Smoking and using illegal drugs can also increase the chance of developing certain genetic disorders. Maternal-fetal specialists and genetic counsellors can help with screening to determine if an issue is likely to recur.
An OB-GYN's actions or omissions during childbirth or pregnancy can be considered negligence if they fall short of the standard of care other OB/GYNs provide in similar circumstances. The most important thing to prove negligence in obstetrics is to show that the doctor departed from the standard of care and that this deviation resulted in injury or harm to the baby or mother.