OB-GYN Malpractice
Birth of a child can be one of life’s most thrilling and exciting experiences. However, pregnancy and the delivery process can be a risk.
An OB-GYN malpractice lawyer will assist you in understanding your rights and file a claim that is successful. You’ll need to prove the following: breach of duty, breach of duty, causation and damages.
Misdiagnosis and Failure to Diagnose
One of the most prevalent types of OB-GYN malpractices is the inability to diagnose the condition that could result in potential consequences for mother and child. If a doctor fails to detect warning signs early, such as preeclampsia and gestational diabetic the patient could be harmed for life as well as financial or emotional strain.
Another common type of obstetrical malpractice is the misinterpretation of diagnostic tests, such as mammograms and ultrasounds. These mistakes can cause unnecessary anxiety or incorrect treatment decisions. In some cases, a gynecologist’s negligence can cause surgical complications or even serious injuries like strokes or hematomas.
The surgical errors that happen during a hysterectomy or cesarean section are a common reason for OB-GYN malpractice lawsuits. This kind of negligence, whether caused by poor surgical technique, or failure to properly manage postoperative care or a misinterpretation test results, can cause serious injuries to the patient.
Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer injury. A competent attorney can aid by analyzing medical records, identifying responsible parties, and ensuring that the claim is filed according to the law applicable to.
The main legal theory behind OB-GYN malpractice claims is negligence. A doctor can be held accountable for malpractice if they deviate from the standard of care that a competent health professional would have provided under similar circumstances, and the deviation causes harm to the patient. Proving that an OB-GYN acted negligently in the course of their practice requires careful investigation of medical evidence and evidence from experts. Based on the severity of the alleged malpractice an individual patient may be entitled to compensatory damages including medical bills and emotional trauma, lost income and punitive damages to retaliate against medical professionals involved for their indefensible actions.
Birth Injury
During pregnancy and birth mothers are dependent on the advice and treatment provided by their OB/GYN physicians. Unexpected complications can happen during the birthing process. When they do, it is possible for an obstetrician make a mistake that causes best injury lawyer near me to the baby or mother. In the worst cases this kind of medical error could result in the death of a child or mother.
Physical birth injuries can range from a small tear in the perineum to injuries to the pelvic nervous system, called pudendal neuropathy that causes chronic pain in the vaginal area and the rectum. The most severe of physical birth injuries are spinal cord injuries, which can vary in severity from mild bruises to complete spinal tears. They may be caused by the incorrect use of vacuum extractors or forceps, which can cause the doctor to stretch or press the head of the fetus 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 an injury to the spinal cord. The injuries to the spinal cord can be caused by Erb’s Palsy or brachial-plexus injuries, which affects the nerves of the hands and arms.
It is normal for women to experience psychological or emotional injuries during labor and delivery in addition to physical injuries. These kinds of injuries can be very distressing, causing feelings of anxiety or flashbacks, nightmares, or difficulty sleeping. Women who have suffered psychological or emotional injuries – also known as birth trauma – may be entitled to compensation. Compensation can be awarded to cover medical bills as well as lost wages, therapy and rehabilitation and replacement services. In the event of unjustified deaths, punitive damage may be awarded as a punishment for the defendant and to discourage future behavior similar to the one that occurred.
Failure to perform a C-Section
In the birth room an emergency C-section may be necessary to ensure mother and baby’s safety. A fibroid that blocks the birth canal, pelvic fractures a baby too big to pass through the vagina, or into breech, or other serious medical conditions may require a prompt C-section. In these cases, failing to perform a C section may result in severe injuries or even death.
Surgical errors involving gynecological operations such as hysterectomies or Cesarean sections, are a frequent cause of malpractice claims against doctors of the gynecological field. These errors can be the result of poor surgical techniques, poor planning or inability to execute treatment plans. These mistakes could also result from failing to inform patients of the risks that come with a particular procedure, or not understanding the results of diagnostic tests.
A gynecologist or obstetrician has a duty to monitor the health of a woman throughout her pregnancy, and the entire process that involve caring for the fetus as well as her up to the time of birth. If they fail to adhere to this standard of care and an best injury lawyers is incurred in the process it could be regarded as medical malpractice.
If you suspect that you or your child was harmed due to an OB-GYN mistake it is crucial to speak with an expert New York City OBGYN malpractice attorney as soon as possible. A skilled birth injury attorney can help you exercise your rights and obtain the full amount of compensation you deserve. For more information, contact 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 parties responsible to be held accountable. You can be sure that we will provide you with the most effective legal representation.
Uterine Rupture
Uterine rupture is one of the most serious complications that can occur during childbirth. If doctors aren’t able to quickly diagnose and deliver an infant before the uterus ruptures, both the mother and baby will be at risk of life-threatening complications.
Doctors should be alert in finding indications of uterine rupture. These include pain, bleeding from the vaginal area, and a change to the heart tone pattern of the fetus during labor. They must also be prepared to perform an emergency C-section if these signs occur.
In the event of uterine rupture the placenta or fetus could protrude through the tear. The fetus immediately is at risk of oxygen deprivation. Hypoxia can cause severe brain injuries such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to recognize 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 spontaneously without the presence of any predisposing factors during early pregnancy. It can be difficult to diagnose because the symptoms and signs are nonspecific and can easily be mistaken for other conditions, including abdominal pain, uterine fibroids or vaginal bleeding. The doctor’s suspicion index of ruptured uterine tissue should be high, because the result could be catastrophic.
Six percent of babies are thought to die from ruptured uterus. The chances of survival are greatly enhanced if the uterus can be diagnosed and delivered within less than 30 minutes. This is why it is essential for obstetricians to pay close attention to a patient’s history and follow her closely.
Birth Defects
In the United States, approximately 1 in 33 babies is born with a congenital defect. These birth defects can be mild or severe and impact the baby’s appearance organ function, appearance, mental and physical development. They may also cause health problems or even death if they are not treated during utero. Ultrasounds with high resolution can identify various birth defects that can occur during pregnancy. Other testing options like amniocentesis, and blood tests, might be available.
Some birth defects can be diagnosed right after a baby is born like cleft lips or cleft palate. However, other conditions may only be discovered later in life during childhood or adulthood like scoliosis or learning disabilities. Certain of these conditions 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 aren’t preventable by taking a prenatal vitamin that contains folate, iodine and iron can aid in reducing the risk of developing certain congenital disorders. Smoking and illegal drug abuse can also increase the chance of developing certain genetic diseases. Genetic counselors can assist with screening to determine the likelihood of a specific condition recurring.
If an OB/GYN does not provide the same level of care that other OB/GYNs provide in similar circumstances, then it could be considered to be a case of negligence. The key to proving obstetrical negligence is showing that the doctor departed from the standards of care and that the deviation caused injury or harm to the mother or baby.
