OB-GYN Malpractice

The birth of a baby is one of the most anticipated and joyful occasions in the world. The process of pregnancy and birth can be risky.

A OB-GYN lawyer can help you understand and file a successful claim. You must prove the following: duty, breach, causation and damages.

Incorrect diagnosis and failure to diagnose

One of the most common types OB-GYN malpractices is the inability of a doctor to recognize a condition which could have grave consequences for mother and child. If a doctor does not recognize early warning signs, such as preeclampsia or gestational diabetes, the patient could suffer permanent damage as also emotional and financial stress.

The misinterpretation of diagnostic tests, like ultrasounds or mammograms is a common type of medical malpractice in the obstetric field. These mistakes can cause unnecessary anxiety or wrong treatment decisions. In some cases, a gynecologist's negligence can cause surgical complications or even serious injuries, such as hematomas or strokes.

Surgery errors during a hysterectomy, or a cesarean section are another common cause of OB/GYN malpractice suits. This type of negligence, whether it's caused by poor surgical technique, inability to properly manage postoperative care, or even a misinterpretation test results, could cause serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. A seasoned attorney can assist by conducting filing a birth injury claim thorough review of the medical records, identifying the responsible parties and ensuring that the claim is filed in accordance with the law applicable to it.

The most common legal theory for OB-GYN malpractice claims is negligence. A doctor may be held responsible for malpractice if he or she deviates from the standard of health care that a reasonably competent professional would have provided in similar circumstances, and the deviation causes harm to the patient. Finding out if an OB-GYN has acted negligently during their work requires a careful investigation of medical evidence and expert testimony. Depending on the extent of the malpractice alleged, a client may be entitled to compensatory damages including medical expenses, loss of income, emotional trauma and punitive damages to retaliate against medical professionals responsible for their egregious actions.

Birth Injury

Throughout pregnancy and the birthing process, mothers are heavily dependent on the advice and treatment provided by their OB/GYN physicians. Unfortunately, unforeseen complications during childbirth can occur. If they do, it is possible for an obstetrician to make a mistake that results in injuries to the mother or baby. In the worst instances of medical error, a mother or baby may be killed.

Physical birth injuries range from a minor perineal tear to damage to pelvic nerves known as pudendal neurogia that results in long-term pain in the vagina and the rectum (perineum). The most severe of physical birth injuries are spinal cord injuries that can vary in severity from mild bruising to complete spinal cord tears. They may be caused by the incorrect use of forceps or vacuum extractors, which cause the doctor turn or compress the fetus' head during the delivery.

Shoulder dystocia can also result in a spinal injury. This happens when the baby's head gets stuck in the birth canal. Spinal cord injuries can also be caused by Erb's palsy or brachial-plexus injuries, which affects the nerves in the hands and arms.

It is normal for women to experience emotional or psychological injuries during labor and birth, in addition to physical injuries. These types of injuries can be very distressing, causing feelings of anxiety or fear, nightmares, flashbacks or trouble sleeping. Women who have suffered psychological or emotional injuries - also known as birth trauma - could be entitled compensation. Compensation damages are given to cover medical expenses and lost wages, as well as rehabilitation, therapy and replacement services. In the event of wrongful death the punitive damages could be awarded to punish the defendant and discourage similar conduct in the future.

Failure to perform a C-Section

In the delivery room an emergency C-section may be necessary to ensure mother and baby's safety. A fibroid that blocks the infant birth injury attorney canal, pelvic fractures a baby too big to fit through the vagina, or into breech, and other serious medical conditions may require an immediate C section. In these situations, failure to perform a C section could cause serious injuries or even death.

The gynecological procedure that is prone to errors such as hysterectomies and cesarean sections are the most common reason for malpractice lawsuits against OBGYNs. The mistakes may be a result of poor surgical technique, inadequate planning or failing to follow up on treatment plans. They could also be due to the failure to inform patients of the risks associated with a procedure or misinterpreting diagnostic tests.

A gynecologist or obstetrician is accountable for monitoring the health of a woman throughout her pregnancy, as well as all processes involved in caring for the fetus as well as her until the time of birth. In the event that they do not meet this standard of care, and an injury occurs in the process it could be regarded as medical malpractice.

If you believe you or your child was injured due to an OB-GYN mistake It is important to speak with an expert New York City OBGYN malpractice attorney immediately. A dedicated birth injury lawyer can help you exercise your rights and obtain the full compensation you deserve. To learn more, call Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have years of experience in obstetrical malpractice cases and will fight to hold the responsible parties accountable for their actions. You can be confident that we will give you the best legal representation.

Uterine Rupture

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

Doctors must be vigilant in finding indications of uterine rupture. These include pain, bleeding from the vaginal area and a change in the pattern of heart tones of the fetus during labor. They must also be prepared to perform an emergency C-section in the event that these signs appear.

In the event of a ruptured uterine, the fetus and placenta could be released through the tear in the uterus wall. This puts the fetus at immediate risk of oxygen deprivation. Hypoxia can result in severe brain injuries, including hypoxic ischemic disorder (HIE) and cerebral palsy. If medical professionals fail to recognize the symptoms of uterine rupture and immediately initiate delivery the baby may suffer from hypoxia-related brain injuries or even die.

The uterus can rupture on its own without the presence of predisposing factors during pregnancy. It is often difficult to determine if uterine rupture is occurring due to the fact that the symptoms and signs are nonspecific. It is easy to get confused with other conditions such as abdominal discomfort, uterine fibroid, or vaginal blood. The doctor's suspicion index of uterine rupture should be high, because the outcome can be disastrous.

It is estimated that 6 percent of babies don't survive ruptured uterine tubes. The chances of survival are significantly increased if the uterus is diagnosed and delivered within 30 minutes. This is why it is essential for obstetricians to pay careful attention to the history of a patient and closely monitor her.

Birth Defects

In the United States, approximately 1 out of 33 babies are born with a congenital defect. These birth defects can be minor or severe, and can affect the baby's appearance organ function, appearance, mental and physical growth. If not treated in utero they can cause serious health problems or even death. Ultrasounds with high resolution can identify numerous maternal birth injury lawyer defects during pregnancy. Other testing options, such as amniocentesis and blood tests, may also be available.

Some birth injury attorney reviews defects, like the cleft palate or cleft lips, can be detected immediately after the baby's birth. Other issues, like scoliosis and learning disabilities, are not always discovered until later in childhood or adulthood. Some of these issues can be fixed through surgery, including cleft lip and palate repairs, while others may require ongoing treatment, like speech therapy or dental care.

Although the majority of birth defects cannot be prevented, taking a prenatal multivitamin with folate iron, iodine, or folate can reduce the risk of developing certain congenital diseases. Smoking and using illegal drugs can also increase the chance of developing certain genetic conditions. Genetic counselors and specialists for mothers-to-be can help with screening to determine if an issue is likely to recur.

A specific OB-GYN's actions or omissions during a childbirth or pregnancy can be considered malpractice if they fall below the standard of care that other OB/GYNs provide in similar circumstances. The key to proving the negligence of an obstetrician is to prove that the physician departed from the standards of care and this deviation resulted in injury or harm to the baby or mother.