OB-GYN Malpractice
The birth of a baby can be one of the most joyous and exciting events. However pregnancy and the birth process can be a risk.
A OB-GYN lawyer can help you understand and make a claim that is successful. You must prove the following: breach of duty, breach of duty, causation and damages.
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One of the most prevalent kinds of OB-GYN mistakes is the failure of a doctor in diagnosing an illness that could have serious consequences for mother and child. If a medical professional fails recognize early warning signs, such as preeclampsia and gestational diabetic, the patient may be harmed for life and also financial or emotional strain.
The misinterpretation of diagnostic tests, such as mammograms or ultrasounds is a different type of medical malpractice in the obstetric field. These mistakes can lead to anxiety and stress, or lead to incorrect treatment decisions. In some cases, a gynecologist's negligence can cause surgical complications or even serious injuries like strokes or hematomas.
Surgery errors during a hysterectomy, or a cesarean, are another frequent cause of OB/GYN malpractice lawsuits. The error could be caused due to poor surgical technique, inability to properly manage postoperative care, or even an incorrect interpretation of test results, this kind of negligence can cause serious injuries to the patient.
Medical malpractice cases are a bit more complicated and require the assistance of an expert OB-GYN lawyer. A skilled attorney can help by conducting a thorough review of medical documents, identifying all responsible parties and ensuring that the claim is filed in compliance with applicable laws.
The main legal theory behind OB-GYN malpractice claims stems from negligence. A doctor can be held liable for malpractice if they depart from the standard of care that a reasonably competent health professional would have provided under similar circumstances and this deviation causes harm to the patient. Proving that an OB-GYN acted negligently during their practice requires a thorough review of medical evidence as well as expert testimony. In the event of the alleged medical malpractice the patient could be entitled to compensation damages, including medical bills, loss of income, emotional trauma and punitive damages designed to punish medical professionals for their unprofessional actions.
Birth Injury
When they are pregnant and giving birth, mothers are heavily dependent on the advice and treatment provided by their OB/GYN physicians. Unfortunately, unforeseen complications that arise during childbirth could occur. Obstetricians may make mistakes that cause injuries to the mother or child when complications arise. In the most serious cases this kind of medical error could lead to the death of a child or mother.
Physical birth injuries range from a minor tear to the perineal to damage to the pelvic nerves called pudendal neuralgia that causes chronic discomfort around the vagina and rectum (perineum). The most serious physical birth injuries include spinal cord injuries. These can range from minor bruising up to complete spinal cord tears. These injuries can be caused by the incorrect use of forceps or vacuum extractors, which causes the doctor to turn the fetus' head during delivery.
Shoulder dystocia can cause an injury to the spinal cord. This is caused when the baby's head is stuck in the birth canal. Spinal cord injuries can also be caused by Erb's palsy or a brachial plexus injury which affects the nerves in the hands and arms.
It is common for women to experience psychological or emotional traumas during labor and birth, in addition to physical injuries. These kinds of injuries can be extremely distressing and can cause anxiety and fear flashbacks, nightmares, or trouble sleeping. Women who have suffered psychological or emotional traumas often called birth trauma, could be entitled to compensation. Compensation damages may be granted to cover medical costs, lost wages, therapy, rehabilitation and replacement services. In the event of unjustified deaths, punitive damages can be awarded as a punishment for the defendant and to deter future behavior similar to the one that occurred.
Failure to perform a C-Section
There are occasions in a hospital delivery room that an emergency C-section is necessary to ensure the safety of mother and child. A fibroid that blocks the birth canal, pelvic fractures a baby too big to fit through the vagina, or into breech, or other serious medical conditions can require an immediate C section. In the event of a delay in performing a C-section, in such situations could lead to severe injuries and even death.
Surgical errors involving gynecological operations like hysterectomies, or Cesarean sections, are a common cause of malpractice claims against OB/GYNs. These errors can be caused by poor surgical techniques, inadequate planning, or failure to carry out treatment plans. It could also be due to an inability to inform patients of the risks of an operation or interpreting incorrectly diagnostic tests.
A gynecologist or obstetrician has a duty to monitor the health of a woman throughout her pregnancy, as well as the various processes involved in caring for the fetus and her mother until the time of birth. If they fail to meet the standards 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've been injured due to an OB/GYN mistake you should seek out an experienced New York City OBGYN negligence attorney right away. A skilled birth injury attorney can help you exercise your rights and receive the full compensation you deserve. Contact Brown Trial Firm today to set up a no-obligation meeting. Our lawyers have extensive knowledge of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can rest assured that we will provide the most effective legal representation.
Uterine Rupture
Uterine rupture is among the most serious complications of birth. If doctors fail to diagnose and deliver the baby swiftly before the uterus ruptures, both the mother and baby are at risk of life-threatening complications.
Doctors are obligated to be vigilant and look for the symptoms of uterine rupture which may include pain, vaginal bleeding and a change in the pattern of fetal heartbeats during labor. They must also be prepared to perform an emergency C-section in the event that these signs are observed.
In the event of a ruptured uterine the placenta and fetus could be released through the the uterus wall. The fetus is immediately at risk of deprivation of oxygen. Hypoxia can result in severe brain injuries like hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail recognize the symptoms of a ruptured uterus and don't immediately begin the delivery process the baby may suffer brain injuries related to hypoxia or even die.
The uterus can rupture spontaneously without the presence of predisposing factors in early pregnancy. It is often difficult to diagnose uterine rupture due to the fact that the symptoms and signs are nonspecific. They can easily be confused with other conditions such as abdominal discomfort, uterine fibroids or vaginal blood. The doctor's suspicion index of ruptured uterine tissue should be high, since the outcome could be devastating.
It is estimated that 6 percent of babies do not survive uterine rupture. The chances of survival are dramatically enhanced if the uterus can be diagnosed and delivered within less than 30 minutes. It is important that obstetricians take note of the patient's medical history and closely monitor her.
Birth Defects
Around one of 33 babies born in the United States is born with a birth defect. These may be minor or extreme and impact the appearance organ function, physical and mental development of the baby. If they are not treated early in the uterus they can cause serious health issues or even death. Ultrasounds with high resolution are able to detect various birth defects during pregnancy. Other options for testing like amniocentesis or blood tests, may also be available.
Certain birth defects can be diagnosed right after a baby is born for example, cleft lip or cleft palate. However, other issues may be discovered later in life during adulthood or in childhood like scoliosis or learning disabilities. Certain of these conditions can be corrected with surgery, including the repair of cleft palate and cleft lip while others may require ongoing treatment such as dental therapy or speech therapy.
While most birth defects cannot be prevented, taking a prenatal multivitamin that contains folate iron, iodine, or folate can help reduce the risk of certain congenital diseases. Smoking and illegal drug use greatly increase the chance of developing certain genetic anomalies. 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 offer the same standard of care that other OB/GYNs provide in similar circumstances, then it could be considered to be a case of negligence. To prove obstetrical neglect, you must show that the doctor erred from standard care and that this deviation caused injuries or harm to the mother or child.