OB-GYN Malpractice
The birth of a child is among the most awaited and joyous events in life. Pregnancy and birth can be risky.
An OB-GYN malpractice lawyer can help you understand your rights and file a successful claim. You'll need to prove the following: breach, duty causation, damages and breach.
Misdiagnosis and Failure to Diagnose
One of the most prevalent kinds of OB-GYN mistakes is the inability of a doctor to diagnose an issue that could lead to serious consequences for mother and child. If a doctor fails to recognize early warning signs like gestational diabetes or preeclampsia, the patient could suffer from permanent harm, as in addition to emotional and financial stress.
Another type of obstetrical error is the incorrect interpretation of diagnostic tests such as mammograms and ultrasounds. These mistakes can lead to unnecessary anxiety or incorrect treatment decisions. In some cases the carelessness of a gynecologist can even result in surgical complications, and even severe injuries, such as strokes or hematomas.
The surgical errors that happen during a hysterectomy or cesarean section are a common cause of OB-GYN malpractice lawsuits. This type of negligence whether caused by poor surgical technique, failures to properly manage postoperative treatment or a misinterpretation results of tests, can cause serious injuries to the patient.
Medical malpractice cases can be complicated and require the help of an experienced OB-GYN lawyer. An experienced attorney can assist by conducting a thorough analysis of the medical records, identifying all liable parties and making sure that the claim is filed in accordance the applicable laws.
The most commonly used legal basis for OB-GYN malpractice claims is negligence. A doctor can be held accountable for malpractice if they diverge from the standard of care that a reasonably competent health care professional would have offered under similar circumstances, and this deviation causes harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent manner throughout the course of her work. Depending on the extent of the malpractice alleged the patient could be entitled to compensatory damages such as medical expenses as well as emotional trauma, lost income, and punitive damages designed to punish medical professionals who were responsible for their indefensible actions.
Birth Injuries
During pregnancy and birth mothers are dependent on the advice and treatment offered by their OB/GYN doctors. Unfortunately, unforeseen complications during childbirth can occur. If they do, it's possible for an obstetrician make a mistake that results in injuries to the mother or baby. In the most serious cases of medical negligence, a mother and baby may die.
Physical birth injuries can range from a minor perineal tear to damage to pelvic nerves, known as pudendal neuralgia which causes long-term pain in the vagina and rectum (perineum). The most serious physical birth injuries include spinal cord injuries. These may range from mild bruises to complete spinal cord tears. These injuries can be caused by the improper use of forceps or vacuum extractors that cause the doctor to turn the fetus' head during delivery.
Shoulder dystocia, a condition that occurs when the baby's head gets stuck in the birth canal during delivery and can result in a spinal cord
injury attorneys near me. The injuries to the spinal cord can be caused by Erb's psy or brachial plexus
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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 incredibly painful, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered emotional or psychological injuries which are sometimes called birth trauma, may be entitled to compensation. Compensation damages can be granted to cover medical costs and lost wages, as well as therapy, rehabilitation, and replacement services. In the event of wrongful death punitive damages can be awarded to punish the defendant and deter similar behavior in the future.
Failure to perform a C-Section
There are instances in a birth room where C-sections in emergency are necessary to ensure the safety of mother and baby. A fibroid that blocks the birth canal, pelvic fractures a baby too big to pass through the vagina, or in breech, as well as other serious medical issues may require an immediate C section. In the event of a delay in performing a C-section, in such situations could result in serious injuries, and possibly even death.
The gynecological procedure that is prone to errors like hysterectomies or cesarean sections are a common reason for malpractice lawsuits against OBGYNs. These mistakes can be caused by poor surgical techniques, inadequate planning, or inability to execute treatment plans. These mistakes can also include not informing patients about the risks involved with a particular procedure, or misinterpreting diagnostic test results.
Gynecologists or obstetricians have the responsibility of monitoring the health of a woman during pregnancy and all processes involved in taking care of the fetus and the mother until the moment of delivery. If they do not adhere to this standard of care and an injury occurs due to this, it could be considered medical malpractice.
If you or your child believes that you've been injured due to an OB/GYN error, you should consult an experienced New York City OBGYN negligence
attorney injury lawyer right away. A birth injury lawyer can assist you in exercising your rights and receive the compensation you deserve. To learn more, call Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have extensive experience in obstetrical malpractice cases and will fight to hold the accountable parties for their actions. You can rest assured that we will provide you with the best legal representation.
Uterine Rupture
Uterine rupture is one of the most serious complications of childbirth. If doctors do not diagnose and deliver the baby before the uterus ruptures, both the mother and baby are at risk of life-threatening complications.
Doctors should be alert in finding symptoms of rupture of the uterus. These include bleeding from the vaginal area and a change in the heart tone pattern of the fetus during labor. If they notice any of these signs and they are able to detect them, they must be prepared to perform a C-section during an emergency.
In the event of uterine rupture the fetus or placenta may protrude from the tear. The fetus immediately is at risk of deprivation of oxygen. Hypoxia can cause severe brain injuries, including hypoxic ischemic brain injury (HIE) and cerebral palsy. If medical professionals fail to recognize the signs of ruptured uterus and don't immediately begin labor the baby may suffer brain injuries related to hypoxia or even die.
The uterus can rupture spontaneously in early pregnancy without any predisposing factors. It can be difficult to diagnose uterine rupture because the symptoms and signs are not specific. It is easy to be confused with other conditions like abdominal discomfort, uterine fibroid, or vaginal blood. Additionally, a doctor's suspicion index for uterine rupture must be high because the result could be catastrophic.
It is estimated that 6 percent of babies do not survive the rupture of the uterus. The odds of survival are significantly increased if the uterus can be identified and delivered in less than 30 minutes. Obstetricians must be attentive to the patient's medical history and closely observe her.
Birth Defects
In the United States, approximately 1 out of 33 babies is born with a congenital defect. These can be minor or severe and impact the appearance organ function, physical and mental development of the infant. If they are not treated early in the uterus, they can also cause serious health complications or even death. Many types of birth defects can be detected with high-resolution ultrasounds in pregnancy, whereas more in-depth testing options such as amniocentesis (taking a sample of amniotic fluid) and blood tests could be used to identify certain conditions.
Certain birth defects can be identified immediately after the birth of a baby like cleft lips or cleft palate, while other issues may be discovered later in life in adulthood or during childhood, such as scoliosis or learning disabilities. Certain of these conditions can be corrected surgically like cleft palate and lip repairs, whereas others require ongoing treatment like dental therapy or speech therapy.
While most birth defects cannot be prevented by taking a prenatal vitamin that contains folate Iodine, iron and iodine can reduce the risk of developing certain congenital diseases. Smoking and using illegal drugs greatly increase the risk of certain genetic anomalies. Maternal-fetal medicine specialists and genetic counselors can help with screening to determine the chance of a particular condition reoccurring.
If an OB/GYN does not provide the same level of care that other OB/GYNs provide in similar situations, it is considered to be negligence. To prove obstetrical neglect, you must show that the doctor did not follow normal practice and that the deviation resulted in
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