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OB-GYN Malpractice

The birth of a baby is one of the most anticipated and joyful occasions in the world. Pregnancy and birth can be dangerous.

An OB-GYN malpractice lawyer injury will help you understand your rights and file a claim that is successful. You must prove the following: breach of duty, breach, causation and damages.

Incorrect diagnosis or failure to diagnose

One of the most frequent types OB-GYN malpractices is the inability of a doctor to diagnose an illness that could have serious consequences for the mother and child. If a medical professional is unable to detect early warning signs, such as preeclampsia and gestational diabetic the patient could be harmed for life in addition to financial or emotional strain.

Incorrect interpretation of diagnostic tests such as mammograms or ultrasounds is a different type of medical malpractice in the obstetric field. These mistakes can cause unnecessary anxiety or make incorrect treatment decisions. In some instances the negligence of a gynecologist could result in surgical complications and even severe injuries, such as hematomas or stroke.

Surgical errors that occur during a hysterectomy or a cesarean section are a frequent cause of OB-GYN malpractice lawsuits. The error could be caused by a poor surgical technique, a failure to properly manage postoperative care or even an incorrect interpretation of the results of tests, this type of negligence could result in serious injuries to the patient.

Medical malpractice cases are a bit more complicated and require the expertise of an experienced OB-GYN attorney. An experienced attorney can assist by conducting a thorough review of the medical documents, identifying all responsible parties and ensuring that the claim is filed in compliance with the law applicable to it.

The main legal theory behind OB-GYN malpractice claims is negligence. A doctor may be held responsible for malpractice if is not in accordance with the standard of care that a reasonably competent professional would provide in similar circumstances and the deviation causes harm to the patient. Expert testimony and medical evidence are required to establish that an OB/GYN behaved in a negligent way during the course of her practice. Based on the severity of the alleged malpractice, a client could be entitled to compensation damages, including medical bills, income loss, emotional trauma and punitive damage designed to punish medical professionals for their inexplicable acts.

Birth Injuries

During pregnancy and the birth mothers are dependent on the advice and treatment offered by their OB/GYN physicians. Unexpected complications can occur during the birthing process. Obstetricians may make mistakes that cause injuries to the child or mother when complications occur. In the worst case, this medical negligence can lead to the death of a baby or mother.

Physical birth injuries can range from a minor tear in the perineum to injuries to the pelvic nervous system, called pudendal neuropathy which can cause long-term discomfort in the vaginal region and the rectum. The most grave physical birth injuries are spinal cord injuries. They can range from minor bruises to complete spinal cord tears. These injuries can result from the incorrect use of vacuum extractors or forceps that cause the doctor to twist the fetus' head during delivery.

Shoulder dystocia, a condition where the baby's head is stuck in the birth canal during the delivery and can result in injuries to the spinal cord. The injuries to the spinal cord can be caused by Erb's palsy or a brachial plexus injury lawyer which affects the nerves in the arms and hands.

It is normal for women to suffer emotional or psychological injuries during labor and birth, in addition to physical injuries. These kinds of injuries can be very painful, causing feelings of anxiety or flashbacks, nightmares, or difficulty sleeping. Women who have suffered these psychological or emotional injuries often called birth trauma, may be entitled to compensation. Compensatory damages may be awarded to cover medical bills as well as lost wages, rehabilitation and therapy as well as replacement services. In cases of wrongful death the punitive damages could be awarded to punish the defendant and deter similar behavior in the future.

Failure to perform a C-Section

There are occasions in a birth room where C-sections are required in an emergency to ensure the safety of mother and child. A fibroid that blocks the birth canal, pelvic fractures, the baby is too big to pass through the vagina or breech, as well as other serious medical conditions may require a prompt C-section. In these situations, failure to perform a C section could result in serious injuries or even death.

Gynecological errors that involve surgery, like hysterectomies and cesarean sections are a common cause of malpractice claims against OB/GYNs. These errors could result from poor surgical techniques, poor planning or failure to carry out treatment plans. They may also include the failure to inform patients of the risks of a procedure or misinterpreting the results of diagnostic tests.

An obstetrician or gynecologist is accountable for monitoring the health of a woman during pregnancy, and all processes that involve caring for her and the fetus until birth. If they do not meet the standards of care and an injury Attorney Lawyer occurs, it can be considered to be a case of medical malpractice.

If you believe that you or your child has been injured due to an OB-GYN error it is crucial to speak with an experienced New York City OBGYN malpractice attorney immediately. A skilled birth injury attorney can assist you in exercising your rights and receive the full compensation you deserve. Contact Brown Trial Firm today to set up a no-obligation meeting. 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 do not diagnose and deliver the baby quickly before the uterus ruptures, both the mother and the baby are at risk of life-threatening complications.

Doctors should be alert in identifying signs of rupture of the uterus. This includes bleeding from the vaginal region, and a change to the pattern of heart tones of the fetus during labor. If these signs are present, they should be prepared to perform a C-section during an emergency.

In the case of rupture in the uterus, the fetus and placenta may extrude through the tear in the wall of the uterus. This puts the fetus in immediate risk of oxygen deprivation. Hypoxia can result in serious brain injuries, such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail recognize the symptoms of a ruptured uterus, and do not 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 any predisposing factors in early pregnancy. It is often difficult to identify because the symptoms and signs 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 index for ruptured uterine musculature must be high as the outcome can be catastrophic.

Six percent of babies are thought to die from ruptured uterus. The odds of survival are greatly increased if the uterus is able to be diagnosed and delivered within 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 out of 33 babies are born with a congenital defect. These defects could be mild or severe and can affect the baby's appearance organ function, appearance, physical and mental growth. They may also cause health complications or even death if treated early in the uterus. Ultrasounds with high resolution can identify numerous birth defects during pregnancy. Other options for testing, such as amniocentesis and blood tests, may also be available.

Some birth defects can be detected right after a baby is born, such as cleft lip or cleft palate, while other conditions can only be discovered later in life in adulthood or during childhood such as scoliosis, or learning disabilities. Some of these can be fixed by surgery, such as the repair of cleft palate and cleft lip, while others may require ongoing treatment, such as speech therapy or dental care.

Although most birth defects cannot be prevented by taking a prenatal vitamin that contains folate, iodine and iron may help lower the risk of certain congenital diseases. Smoking and using illegal drugs greatly increase the chance of developing certain genetic disorders. Maternal-fetal medicine specialists and genetic counselors can assist with screening to determine the chance of a certain condition recurring.

An OB-GYN's specific actions or omissions in a childbirth or pregnancy can be considered malpractice if they fall below the standard of care that other OB/GYNs offer under similar circumstances. To prove obstetrical neglect you must demonstrate that the doctor deviated from standard care and that this deviation resulted in injuries or harm to the mother or child.