OB-GYN Malpractice
The birth of a baby can be one of life’s most exciting and joyful events. Pregnancy and birth can be risky.
An OB-GYN malpractice lawyer will assist you in understanding your rights and file a claim that is successful. You will need to show the following: duty, breach, causation and damages.
Incorrect diagnosis and inability to diagnose
One of the most common kinds of OB-GYN mistakes is the failure of a doctor in diagnosing a condition which could have serious consequences for the mother and child. If a medical professional fails to recognize early warning signs, such as gestational diabetes or preeclampsia, the patient could suffer from permanent damage, as well as financial and emotional strain.
Another type of obstetric malpractice is the incorrect interpretation of diagnostic tests like ultrasounds or mammograms. These mistakes can cause unnecessary anxiety or incorrect treatment decisions. In some cases the negligence of a gynecologist can cause surgical complications or even severe injuries, such as hematomas or strokes.
Surgery errors during a hysterectomy or a cesarean section are another reason that is frequently the source of OB/GYN malpractice claims. If the error is caused by a poor surgical technique, inability to properly manage postoperative care or even an incorrect interpretation of test results, this type of negligence could result in serious injuries to the patient.
Medical malpractice cases can be a bit complicated and require the assistance of an experienced OB-GYN attorney. A seasoned attorney can assist in conducting a thorough examination of medical records, identifying all liable parties and ensuring that the claim is filed in compliance with applicable laws.
The principle legal basis behind OB-GYN malpractice claims stems from negligence. A doctor could be held accountable for malpractice if they deviate from the standard of care a competent health professional would have provided in similar circumstances, and this deviation results in harm to the patient. Finding out if an OB-GYN has acted negligently in the course of their work requires a careful examination of medical evidence and testimony from experts. According to the severity of the medical malpractice alleged, a client could be entitled to compensation damages, including medical expenses, loss of income, emotional trauma and punitive damage designed to punish medical professionals for their egregious actions.
Birth Injury
During pregnancy and birth injury lawyers mothers are heavily dependent on the advice and treatment offered by their OB/GYN physicians. Unexpected complications can happen during the birth of a child. Obstetricians are prone to make mistakes that result in injury to mother or child when complications occur. In the worst cases of medical error, a mother or baby may be killed.
Physical birth injury law experts injuries can range from a minor perineal tear to damage to the pelvic nerves known as pudendal neurogia which causes long-term pain in the vagina and the rectum (perineum). The most serious of physical birth injuries are spinal cord injuries, which can range in severity from mild bruising to complete spinal cord tears. They can be caused by improper use of vacuum extractors or forceps which can cause the doctor to stretch or press the head of the fetus during delivery.
Shoulder dystocia can lead to an injury to the spine. This happens 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 injury.
In addition to physical birth injuries, it is also common for women who undergo labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be extremely stressful and can trigger feelings of anxiety, fears, nightmares, flashbacks, or sleeplessness. Women who have suffered psychological or emotional injuries, sometimes called birth trauma, could be entitled to compensation. Compensatory damages may be awarded to cover medical expenses and lost wages, as well as rehabilitation and therapy, as well as replacement services. In the case of wrongful deaths, punitive damages can be awarded as a punishment for the defendant, and to deter future similar conduct.
Failure to perform C-Sections
There are times in a birth room where an emergency C-section is necessary to ensure the safety of both mother and baby. A fibroid that blocks the birth injury law consultation canal, pelvic fractures an infant that is too large to pass through the vagina, or into breech, as well as other serious medical issues may require a prompt C-section. In the event of a delay in performing a C-section, in such situations could result in severe injuries, and possibly even death.
Surgical errors involving gynecological procedures like hysterectomies and Cesarean sections are a common reason for malpractice lawsuits against OBGYNs. These errors could be the result of poor surgical technique, inadequate planning or failing to follow through on treatment plans. They could also be due to an inability to inform patients of the risks associated with an operation or interpreting incorrectly diagnostic tests.
A gynecologist or obstetrician has the obligation of monitoring a woman’s health during pregnancy and all processes associated in taking care of the fetus and the mother up until the moment of birth. In the event that they do not adhere to this standard of care, and a recurrence of injury occurs as a result it could be deemed medical malpractice.
If you or your child believe that you have been injured because of an OB/GYN error you should seek out an experienced New York City OBGYN negligence attorney as soon as possible. A dedicated birth injury lawyer can assist you in exercising your rights and receive the full amount you’re due. For more information, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers have years of experience in cases involving obstetrical malpractice and will fight to hold the accountable parties for their actions. You can rest assured that we will provide the best possible legal representation.
Uterine Rupture
Uterine rupture is one of the most serious complications that can occur during childbirth. If doctors are not able to identify and deliver an infant before the uterus ruptures both the mother and the baby will be at risk of life-threatening complications.
Doctors are obligated to be vigilant and watch out for symptoms of uterine rupture which may include pain, vaginal bleeding and a change in the pattern of fetal heartbeats during labor. They should also be prepared to perform an emergency C-section in the event that these signs appear.
In the event of a ruptured uterine, the fetus and placenta could be released through the the uterus wall. The fetus is immediately at risk of deprivation of oxygen. Hypoxia can lead to severe brain injuries, including hypoxic ischemic disorder (HIE) and cerebral palsy lawyer palsy. If medical professionals fail to recognize the signs of uterine rupture and then immediately begin the delivery process the baby may suffer from hypoxia-related brain injuries or even die.
The uterus can rupture on its own without the presence of predisposing factors in early pregnancy. It can be difficult to diagnose because the symptoms and signs are not specific and could easily be mistaken for other conditions, such as abdominal pain, uterine fibroids, or vaginal bleeding. The index of a doctor for suspicion of uterine rupture must be high, because the result could be catastrophic.
Six percent of babies are estimated to die from uterine rupture. The chances of survival are significantly increased if the uterus can be diagnosed and delivered in less than 30 minutes. Obstetricians must pay attention to the patient’s medical history and closely observe her.
Birth Defects
In the United States, approximately 1 in 33 babies is born with a congenital defect. These defects could be mild or severe and impact the baby’s appearance, organ function, and mental and physical development. If they are not treated early in the uterus, they can also cause serious health issues or even death. High-resolution ultrasounds can detect numerous birth defects that can occur during pregnancy. Other options for testing, such as amniocentesis and blood tests, might be available.
Some birth defects can be diagnosed as soon as the birth of a baby, such as cleft lip or cleft palate, while other issues may be discovered later in adulthood or during childhood, such as scoliosis or learning disabilities. Some of these issues can be corrected surgically, like cleft palate and lip repair, while others require ongoing treatment like speech therapy or dentist care.
While most birth defects cannot be prevented, taking a prenatal multivitamin containing folate iron, iodine, or folate can help reduce the risk of certain congenital diseases. Smoking and using illegal drugs can also increase the risk of developing certain genetic conditions. Maternal-fetal specialists and genetic counsellors can assist with screening to determine if a problem is likely to return.
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 would provide under similar circumstances. To prove obstetrical neglect you must show that the doctor did not follow normal practice and that the deviation resulted in injuries or harm to the mother or child.