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OB-GYN Malpractice

Birth of a child can be one of life's most exciting and joyful events. However pregnancy and the birth process can be dangerous.

An OB-GYN malpractice lawyer can assist you in understanding your rights and file a successful claim. You must prove the following duties breached as well as causation and damages.

Incorrect diagnosis or failure to diagnose

One of the most common types OB-GYN malpractices is the failure of a doctor in diagnosing an illness that could have serious consequences for the mother and child. If a doctor fails to detect early warning signs like preeclampsia or gestational diabetes patients may suffer permanent damage in addition to financial or emotional strain.

The misinterpretation of diagnostic tests, like ultrasounds or mammograms is a different type of surgical malpractice. These mistakes can cause unnecessary anxiety or incorrect treatment decisions. In some instances the negligence of a gynecologist could cause surgical complications or even serious injuries like hematomas or stroke.

Surgical errors that occur during a hysterectomy, or a cesarean section are a common cause of OB-GYN malpractice lawsuits. This type of negligence whether it's due to poor surgical technique, or failure to properly manage postoperative treatment or a misinterpretation results of tests, can cause serious injuries to the patient.

Medical malpractice cases are a bit more complicated and require the assistance of a skilled OB-GYN lawyer near me injury. An experienced Injurys attorney near me can assist in conducting a thorough examination of the medical records, identifying the responsible parties and ensuring that the claim is filed in compliance with the law applicable to it.

The most popular legal argument for OB-GYN malpractice claims is negligence. A doctor can be held accountable for malpractice if they depart from the standard of care a competent health professional would have provided in similar circumstances, and this deviation causes harm to the patient. Expert testimony and medical evidence are required to establish that an OB/GYN behaved in a negligent manner throughout the course of her practice. Based on the severity of the medical malpractice alleged an individual patient may be entitled to compensation damages, including medical expenses, loss of income emotional trauma and punitive damages designed to punish medical professionals for their inexplicable actions.

Birth Injury

Throughout pregnancy and the birthing process, mothers are largely dependent on the recommendations and treatment provided by their OB/GYN doctors. Unfortunately, unforeseen complications that arise during childbirth could occur. Obstetricians are prone to make mistakes that can cause injuries to the child or mother when complications occur. In the most serious cases of medical error, a mother or baby could suffer a fatal injury.

Physical birth injuries can range from a minor perineal tear to damage to pelvic nerves called pudendal neuralgia which causes long-term discomfort around the vagina and rectum (perineum). The most grave physical birth injuries are spinal cord injuries. These may range from mild bruising up to complete spinal cord tears. They can be caused by improper use of forceps or vacuum extractors, which cause the doctor to turn or compress the fetus' head during delivery.

Shoulder dystocia, a condition where the baby's head gets stuck in the birth canal during delivery, can also cause an injury to the spinal cord. Erb's palsy and brachial plexus injuries which affect nerves in the arms and hands, are also frequent causes of spinal injury.

In addition to physical birth injuries, it is also normal for women who go through labor and delivery to suffer psychological or emotional injuries. These kinds of injuries can be incredibly troubling, causing feelings anxiety or fear, nightmares, flashbacks or sleeplessness. Women who have suffered psychological or emotional injuries, sometimes called birth trauma, may be entitled to compensation. Compensation damages may be given to cover medical expenses, lost wages, rehabilitation, therapy and replacement services. In the case of wrongful deaths the punitive damages could be awarded to punish the offender and discourage similar conduct in the future.

Failure to perform C-Sections

In the birth room in the delivery room, an emergency C-section may be necessary to ensure mother and baby's safety. A fibroid blockage of the birth canal or pelvic fracture, the baby is too large to pass through the vagina or the breech position, as well as other serious medical conditions could require an immediate C-section. In such cases, failure to perform the C section could cause severe injuries or even death.

Gynecological errors that involve surgery, like hysterectomies and 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 a failure to carry out treatment plans. These mistakes could also result from not informing patients about the risks that come with a specific procedure or misinterpreting diagnostic test results.

An obstetrician or gynecologist is required to observe the health of a woman during pregnancy, and all processes that are involved in the care of the fetus and her mother up to the time of birth. If they fail to meet that standard of care, and an injury occurs, it can be viewed as a type of medical malpractice.

If you believe that you or your child was injured due to an OB-GYN error it is crucial to speak with an experienced New York City OBGYN malpractice attorney as soon as possible. A dedicated birth injury lawyer injury can help you exercise your rights and get the full amount you're due. To learn more, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers have extensive knowledge of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can be assured that we will provide you with the most effective legal representation.

Uterine Rupture

Uterine rupture during childbirth is among the most serious complications. If doctors fail to recognize and deliver the baby quickly before the uterus ruptures both the mother and baby are at risk of life-threatening complications.

Doctors should be alert in detecting indications of uterine rupture. These include bleeding from the vaginal region and a change in the heart tone pattern of the fetus during labor. They must also be prepared to perform an emergency C-section in the event that these signs occur.

In the event of uterine rupture the placenta or fetus may protrude from the tear. This puts the fetus in the risk of being oxygen deficient. Hypoxia can result in severe brain injuries, including hypoxic ischemic brain injury (HIE) and cerebral palsy. If medical professionals fail recognize the symptoms of ruptured uterus and do not immediately begin the delivery process, the baby could suffer brain injuries related to hypoxia or even die.

The uterus may rupture spontaneously during early pregnancy without any predisposing cause. It is sometimes difficult to identify uterine rupture because the symptoms and signs are nonspecific. It is easy to get confused with other conditions such as abdominal discomfort, uterine fibroids or vaginal blood. The index of a doctor for suspicion of uterine rupture must be high, since the result could be catastrophic.

It is estimated that 6 percent of babies die from the rupture of the uterus. The chances of survival are greatly increased if the uterus can be identified and delivered in less than 30 minutes. Obstetricians should take note of the patient's medical history and closely observe her.

Birth Defects

About 1 of 33 babies born in the United States is born with birth defects. They can vary from minor to extreme and impact the appearance, organ function and mental and physical development of the infant. If not treated in utero they could cause serious health complications or even death. Ultrasounds with high resolution can identify various birth defects that can occur during pregnancy. Other options for testing like amniocentesis or blood tests, could be available.

Some birth defects, like the cleft palate or cleft lips can be identified immediately when the baby is born. Other conditions, like learning disabilities and scoliosis, are not always discovered until later in life or after adulthood. Some of these can be treated by surgery, such as cleft lip and palate repairs and others might require ongoing treatment, such as dental therapy or speech therapy.

Although most birth defects can't be prevented by taking a prenatal multivitamin that contains folate iron, iodine, and folate can reduce the risk of developing certain congenital diseases. Smoking cigarettes and taking illegal drugs also increase the chance of developing certain genetic conditions. Maternal-fetal medicine specialists and genetic counselors can help with screening to determine the likelihood of a specific condition recurring.

An OB-GYN's specific actions or omissions during childbirth or pregnancy could be considered negligence if they do not meet the standard of care that other OB/GYNs would provide under similar circumstances. The most important thing to prove obstetrical negligence is showing that the physician departed from the standard of care and that this deviation caused harm or injury to the mother or baby.