OB-GYN Malpractice

The birth injury case evaluation of a baby is one of the most awaited and joyous occasions in the world. Pregnancy and delivery are not without risk.

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

Misdiagnosis or Failure to Diagnose

One of the most prevalent kinds of OB-GYN errors is the failure to recognize the condition that could result in potentially grave consequences for the mother and baby. If a medical professional fails to recognize early warning signs such as gestational diabetes or preeclampsia the patient may suffer permanent damage as in addition to emotional and financial strain.

Misinterpretation of diagnostic tests, such as mammograms or ultrasounds is a common type of surgical malpractice. These errors can cause unnecessary anxiety or make incorrect treatment decisions. In some cases, the negligence of a gynecologist could result in surgical complications, and even severe injuries, such as hematomas or stroke.

The surgical errors that occur during a hysterectomy or a cesarean section, are another common cause of OB/GYN malpractice claims. If the error is caused by poor surgical technique, inability to appropriately manage postoperative care or even a misinterpretation of the results of tests, this type of negligence could result in serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. A competent attorney can aid by analyzing the medical records, identifying liable parties, and ensuring that the claim is filed according to the applicable laws.

The most important legal basis for OB-GYN malpractice claims is negligence. A doctor can be held responsible for malpractice if he / does not adhere to the standard of care that a competent professional would have provided in similar circumstances and the deviation causes harm to a patient. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent way during the course of her practice. Depending on the severity of the malpractice alleged, a client may be entitled to compensatory damages including medical expenses as well as emotional trauma, lost income and punitive damages to retaliate against medical professionals involved for their egregious actions.

Birth Injuries

During pregnancy and the birth mothers are dependent on the advice and treatment offered by their OB/GYN doctors. Unfortunately, unforeseen complications that arise during childbirth could occur. When they do, it's possible for a obstetrician to make a mistake that results in injuries to the baby or mother. In the most serious cases this kind of medical error could cause the death of a baby or mother.

Physical birth injuries can range from a minor tear in the perineum to damage to the pelvic nerve system, also known as pudendal neuropathy that causes chronic pain in the vaginal area and the rectum. The most grave physical birth injuries are spinal cord injuries. They may range from mild bruises to complete spinal cord tears. They are often caused by the improper use of vacuum extractors or forceps which cause the doctor to turn or press the head of the fetus 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. Erb's palsy and brachial plexus injuries, which affect the nerves in the hands and arms are also frequent causes of spinal injury.

In addition to physical birth injuries, it's not uncommon for women who go through labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be extremely stressful and can trigger anxiety or fears flashbacks, nightmares, or sleeplessness. Women who have suffered these psychological or emotional traumas which are sometimes called birth trauma, may be entitled to compensation. Compensation damages can be awarded to cover medical expenses, lost wages, therapy, rehabilitation, and replacement services. In the case of unjustified deaths, punitive damages can be awarded as a retribution for the defendant, and to deter future similar behavior.

Failure to perform C-Sections

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 blocking the birth canal or pelvic fracture, a baby that is too big to fit through the vagina or in the breech position, and other serious medical issues may require an immediate C-section. In these situations, failure to perform C-sections C section could cause serious injuries or even death.

The gynecological surgical errors, like hysterectomies and cesarean sections are a common cause of malpractice claims against OBGYNs. These errors could be the result of poor surgical technique, inadequate planning, or failure to follow up on treatment plans. These mistakes could also result from failing to inform patients of the risks involved with a specific procedure or not understanding the results of diagnostic tests.

Obstetricians and gynecologists have a responsibility to monitor the health of a woman's pregnancy and in all the processes associated with caring for her, the fetus and the mother up until the moment of birth. If they do not meet the standards of care, and an newborn injury lawyer occurs, it can be considered a form of medical malpractice.

If you or your child believes that you have been injured because of an OB/GYN error you should seek out an experienced New York City OBGYN negligence attorney immediately. A dedicated birth injury lawyer can help you exercise your rights and receive the full amount of compensation you deserve. 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 responsible parties to be held accountable. You can rest assured that we will offer the best possible legal representation.

Uterine Rupture

Uterine rupture is one of the most serious complications of childbirth. If doctors aren't able to quickly diagnose and birth a baby before the uterus ruptures both the mother and the baby will be at risk of serious complications.

Doctors must be on guard when detecting signs of uterine rupture. These include bleeding from the vaginal region, and a change to the heartbeat pattern of the fetus during labor. If these signs are present doctors should be prepared to perform a C-section during an emergency.

In the event of uterine rupturing the fetus or placenta may protrude from the tear. This puts the fetus at the risk of being oxygen deficient. Hypoxia can cause severe brain injuries, including hypoxic ischemic disorder (HIE) and cerebral palsy. If medical professionals fail to identify the symptoms of a ruptured uterus, and don't immediately begin the delivery process the baby may suffer brain injuries related to hypoxia or even die.

The uterus can rupture spontaneously in early pregnancy without any predisposing factor. It is sometimes difficult to determine if uterine rupture is occurring due to the fact that the symptoms and signs are nonspecific. They can easily be confused with other conditions like abdominal discomfort, uterine fibroid, or vaginal blood. In addition, a doctor's index of suspicion for rupture of the uterus must be high as the outcome can be catastrophic.

Six percent of babies are estimated to die due to ruptured uterus. The odds of survival are significantly increased when the uterus is discovered and delivered within 30 minutes. This is why it is vital for obstetricians to pay careful attention to the history of a patient and closely monitor her.

Birth Defects

About 1 in 33 babies in the United States is born with birth injury lawsuit timeline defects. They can range from minor to extreme and impact the appearance organ function, physical and mental development of the baby. They can also lead to health issues or even death if not treated during utero. Many types of birth defects can be detected with high-resolution ultrasounds in pregnancy, while more in-depth testing options such as amniocentesis (taking an amniotic fluid) and blood tests could also be available to determine certain conditions.

Certain birth defects, such as the cleft palate or cleft lips are easily detected after the baby is born. Other issues, like scoliosis and learning disabilities, may not be discovered until later in life or after adulthood. Some of these issues can be treated by surgery, such as repairs to the cleft lip and palate while others may require ongoing treatment such as dental therapy or speech therapy.

While most birth defects cannot be prevented by taking a prenatal multivitamin that contains folate iron, iodine, or folate can help reduce the risk of developing certain congenital diseases. In addition, smoking and illicit drug use increase the likelihood of certain genetic anomalies. Maternal-fetal medicine specialists and genetic counselors can assist in screening to determine the chance of a certain condition recurring.

If an OB/GYN is unable to provide the same standard of care as other OB/GYNs in similar circumstances, it is considered to be negligence. To prove obstetrical neglect you must demonstrate that the doctor erred from the standard of care and that this deviation resulted in injuries or harm to the mother or child.