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OB-GYN Malpractice

Birth of a child can be one of life's most joyous and exciting events. However, pregnancy and the delivery process can be risky.

An OB-GYN lawyer can assist you understand and file a successful claim. You will need to show the following: breach, duty causation, damages and breach.

Incorrect diagnosis and failure to diagnose

One of the most common types OB-GYN malpractices is the failure of a doctor to diagnose an illness that could have serious consequences for the mother and child. If a medical professional does not recognize early warning signs like gestational diabetes or preeclampsia, the patient may suffer permanent damage as also emotional and financial stress.

Incorrect interpretation of diagnostic tests like ultrasounds or mammograms, is another common form of obstetric malpractice. These errors can cause unnecessary anxiety or incorrect treatment decisions. In some instances the negligence of a gynecologist could result in surgical complications and even severe injuries such as strokes or hematomas.

The surgical errors that occur during a hysterectomy, or a cesarean, are another reason that is frequently the source of OB/GYN malpractice claims. If the error is caused by poor surgical technique, inability to properly manage postoperative care, or even the wrong interpretation of test results, this type of negligence can lead to serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer injury. A skilled attorney can help by conducting a thorough analysis of the medical records, identifying all liable parties and ensuring that the claim is filed in compliance the applicable laws.

The principle legal basis behind OB-GYN malpractice claims stems from negligence. Doctors can be held accountable for malpractice if they depart from the standard of care a competent health care professional would have provided under similar circumstances, and this deviation causes harm to the patient. Expert testimony and medical evidence are required to establish that an OB/GYN was acting in a negligent manner throughout the course of her work. Based on the severity of the malpractice alleged the patient could be entitled to compensatory damages including medical expenses and emotional trauma, lost income and punitive damages to punish medical professionals responsible for their egregious actions.

Birth injury claims lawyers

When they are pregnant and giving birth, mothers are heavily dependent on the advice and treatment offered by their OB/GYN physicians. Unexpected complications can arise during the birth of a child. Obstetricians may make mistakes that result in injuries to the child or mother when complications occur. In the worst cases of medical error, a mother or baby can suffer a fatal injury.

Physical birth injuries range from a minor perineal tear to damage to pelvic nerves known as pudendal neurogia that results in long-term discomfort around the vagina and the rectum (perineum). The most serious physical birth injuries include spinal cord injuries. They can range from minor 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 compress the fetus' head during delivery.

Shoulder dystocia may also lead to an injury attorney to the spinal cord. This is caused when the baby's head gets stuck in the birth canal. Spinal cord injuries can be caused by Erb's Palsy or brachial plexus injury, which affects the nerves of the hands and arms.

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 extremely stressful and can trigger anxiety and fears, nightmares, flashbacks, or sleeplessness. Women who have suffered these psychological or emotional traumas which are sometimes called birth trauma, may be entitled to compensation. Compensation damages may be awarded to cover medical expenses as well as lost wages, rehabilitation, therapy and replacement services. In the case of wrongful deaths punitive damages can be awarded to punish the defendant and deter similar behavior in the future.

Failure to perform C-Sections

There are occasions 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 an infant that is too large to pass through the vagina or breech, or other serious medical conditions can require an immediate C section. Failure to perform a C-section in such circumstances could result in severe injuries, and possibly even death.

Gynecological errors that involve surgical errors like hysterectomies and Cesarean sections are a frequent reason for malpractice lawsuits against OB-GYNs. These errors could be caused by poor surgical techniques, poor planning or failure to carry out treatment plans. These mistakes could also result from not informing patients about the risks involved with a particular procedure, or making mistakes in the interpretation of diagnostic test results.

An obstetrician or gynecologist has a duty to monitor the health of a woman during pregnancy, and the various processes involved in caring for her and the fetus until birth. In the event that they do not adhere to this standard of care, and an injury lawsuit is incurred due to this it could be regarded as medical malpractice.

If you believe you or your child has been harmed due to an OB-GYN error It is important to speak with an expert New York City OBGYN malpractice attorney immediately. A skilled birth injury attorney will help you exercise your rights and obtain the full compensation you deserve. To learn more, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers have years of experience in obstetrical malpractice cases and will fight to hold responsible parties accountable for their actions. You can rest assured that we will provide the best possible legal representation.

Uterine Rupture

Uterine rupture during childbirth is one the most serious complications. If doctors are not able to quickly diagnose and birth an infant before the uterus ruptures both the mother and the baby will be at risk of life-threatening complications.

Doctors are obligated to be alert and look for the signs of uterine rupture, which include bleeding from the vagina and a change in the pattern of the fetal heart's tones during labor. They should also be prepared to perform an emergency C-section in the event that these signs are observed.

In the event of uterine rupture the fetus or placenta could protrude through the tear. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can cause serious brain injuries, such as hypoxic ischemic brain injury (HIE) and cerebral palsy. If medical professionals fail to recognize the signs of a ruptured uterus, and do not immediately begin the delivery process the baby may suffer hypoxia-related brain injuries or even die.

The uterus may rupture on its own in early pregnancy without any predisposing cause. It can be difficult to determine if uterine rupture is occurring because the signs and symptoms are not specific. It is easy to be confused with other conditions such as abdominal discomfort, uterine fibroid, or vaginal blood. In addition, a doctor's index of suspicion for ruptured uterine musculature must be high because the consequences can be devastating.

It is estimated that six percent of babies die from ruptured uterine tubes. The chances of survival are significantly enhanced if the uterus can be diagnosed and delivered within less than 30 minutes. This is the reason it is crucial for obstetricians to pay close at the patient's history and closely monitor her.

Birth Defects

About 1 of 33 babies born in the United States is born with a birth defect. These defects can be mild or severe and can affect the baby's appearance organ function, appearance, mental and physical development. If not treated in utero they could cause serious health problems or even death. Ultrasounds with high resolution can identify many types of birth defects during pregnancy. Other testing options, such as amniocentesis and blood tests, may also be available.

Some birth defects, like Cleft palates or cleft lips can be identified immediately after the baby is born. Other conditions, such learning disabilities and scoliosis, may not be discovered until later in childhood or adulthood. Certain of these conditions can be corrected surgically, like cleft palate and lip repairs, while others require ongoing treatment such as speech therapy or dentist care.

Although the majority of birth defects cannot be prevented by taking a prenatal multivitamin containing folate iron, iodine, and folate can help reduce the risk of congenital diseases. Smoking and illicit drug use increase the risk of certain genetic abnormalities. Maternal-fetal medicine specialists and genetic counselors can assist with screening to determine the likelihood of a certain condition recurring.

An OB-GYN's actions or omissions in a childbirth or pregnancy could be considered malpractice if they fall below the standard of care that other OB/GYNs provide in similar circumstances. The only way to prove negligence in obstetrics is to show that the doctor departed from the standards of care and that the deviation caused harm or injury attorney near me to the baby or mother.