OB-GYN Malpractice
The birth of a child is one of life's most joyous and exciting events. Pregnancy and delivery are not without risk.
An OB-GYN malpractice lawyer can help you understand your rights and file a claim that is successful. You'll need to prove the following: breach, duty causation, damages and breach.
Incorrect diagnosis and failure to diagnose
One of the most frequent types of OB-GYN malpractices is the failure to recognize the condition that could result in potentially grave consequences for mother and child. If a medical professional fails to recognize early warning signs like gestational diabetes or preeclampsia, the patient could suffer from permanent harm, as well as financial and emotional strain.
Another common type of obstetrical malpractice is the misinterpretation of diagnostic tests, such as mammograms or ultrasounds. These mistakes can lead to unnecessary anxiety or make incorrect treatment decisions. In some cases, a gynecologist's negligence can result in surgical complications, or even grave 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. 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 kind of negligence could result in 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 records, identifying all liable parties and ensuring that the claim is filed in accordance the applicable laws.
The main legal theory behind OB-GYN malpractice claims stems from negligence. Doctors can be held accountable for malpractice if they diverge from the standard of care a competent health care professional would have offered under similar circumstances, and the deviation causes harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent way during the course of his practice. In the event of the medical malpractice alleged, 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 egregious actions.
Birth Injuries
When they are pregnant and giving birth mothers are dependent on the advice and treatment offered by their OB/GYN doctors. Unfortunately, unexpected complications that arise during childbirth could occur. Obstetricians are prone to make mistakes that cause injuries to the child or mother when complications arise. In the worst cases of medical negligence, a mother or baby could die.
Physical birth injuries can range from a minor perineal tear to damage to the pelvic nerves, known as pudendal neuralgia that causes chronic pain around the vagina and rectum (perineum). The most serious physical birth injuries include spinal cord injuries. They may range from mild bruising up to complete spinal cord tears. They are often caused by the improper use of vacuum extractors or forceps, which cause the doctor stretch or press the head of the fetus during delivery.
Shoulder dystocia can lead to an injury to the spine. This is caused when the baby's head is stuck in the birth canal. Erb's palsy and brachial-plexus injuries that affect the nerves in the arms and hands, are also common causes of spinal cord injury.
In addition to physical birth injuries, it's also common for women who go through labor and delivery to suffer emotional or psychological injuries. These types of injuries can be very painful, causing feelings of anxiety or flashbacks, nightmares, or sleeplessness. Women who have suffered emotional or psychological injuries often referred to as birth trauma, could be entitled to compensation. Compensation damages can be awarded to pay medical bills as well as lost wages, rehabilitation and therapy, as well as replacement services. In the event of wrongful deaths, punitive damages can be awarded as a retribution for the defendant and to discourage future similar behavior.
Failure to perform a C-Section
There are instances in a birth room where an emergency C-section is necessary to ensure the safety of both mother and child. A fibroid that blocks the birth canal, pelvic fractures a baby too big to pass through the vagina or breech, as well as other serious medical issues may require an immediate C section. Failing to perform a C-section in these situations could result in serious injuries and potentially even death.
Gynecological errors that involve surgical errors like hysterectomies or cesarean sections are a common cause of malpractice claims against OBGYNs. These errors could be the result of poor surgical technique, improper planning, or failure to follow through on treatment plans. It could also be due to an inability to inform patients of the risks associated with the procedure or misinterpreting diagnostic tests.
A gynecologist or obstetrician has a responsibility to monitor the health of a woman during pregnancy and in all the processes associated with caring for her, the fetus and the mother, up to the time of delivery. If they do not meet the standards of care and an injury is incurred as a result it could be regarded as medical malpractice.
If you or your child think that you've been injured due to an OB/GYN error you should seek out an experienced New York City OBGYN negligence attorney as soon as possible. A birth injury lawyer can assist you in exercising your rights and obtain the compensation you are entitled to. Contact Brown Trial Firm today to arrange a free consultation. Our lawyers have extensive experience with obstetrical malpractice cases and will fight to hold responsible parties accountable for their actions. You can rest assured that we will provide you with the most effective possible legal representation.
Uterine Rupture
Uterine rupture is among the more serious complications during birth. If doctors fail to diagnose and deliver the baby quickly before the uterus ruptures both the mother and the baby are at risk of serious complications.
experienced birth injury lawyers Accident Injury Lawyers must be vigilant in identifying indications of uterine rupture. These include pain, 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 fetus or placenta could protrude through the tear. This puts the fetus in the risk of being oxygen deficient. Hypoxia can lead to severe brain injuries like cerebral palsy and hypoxic ischemic encephalopathy. If medical professionals fail recognize the symptoms of a ruptured uterus and do not immediately begin delivery the baby may suffer brain injuries related to hypoxia or even die.
The uterus can rupture spontaneously without the presence of predisposing factors during pregnancy. It can be difficult to identify 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 index of a doctor for suspicion of uterine rupture must be high, as the outcome can be disastrous.
It is estimated that six percent of babies die from uterine rupture. The odds of survival increase dramatically when the uterus is identified and delivered within 30 minutes. This is why it is vital for obstetricians and gynecologists to pay close attention to a patient's history and follow her closely.
Birth Defects
One in 33 babies in the United States is born with a birth defect. They can range from minor to severe and affect 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 problems or even death. Many birth defects can be detected by using high-resolution ultrasounds during pregnancy, while more thorough testing options like amniocentesis (taking an amniotic fluid) and blood tests may also be available to determine certain conditions.
Some birth defects, like cleft lips or cleft palettes are easily detected after the baby is born. Other conditions, such scoliosis and learning disabilities, may not be discovered until later in adulthood or childhood. Certain of these conditions can be corrected through surgery, including the repair of cleft palate and cleft lip while others may require ongoing treatment such as dental therapy or speech therapy.
Although most birth defects are not preventable by taking a prenatal vitamin that contains folate Iodine, iron and iodine can aid in reducing the risk of some congenital diseases. Smoking cigarettes and taking illegal drugs also increase the chance of developing certain genetic diseases. Genetic counselors can help with screening to determine the possibility of a particular condition reoccurring.
If an OB/GYN fails to offer the same standard of care as other OB/GYNs in similar circumstances, it is considered to be malpractice. To prove obstetrical neglect, you must show that the doctor deviated from normal practice and that the deviation caused injuries or harm to the mother or child.