OB-GYN Malpractice
The birth of a baby is among the most awaited and joyous moments in our lives. The process of pregnancy and birth can be risky.
A OB-GYN lawyer can help you understand and submit a successful claim. You will need to show the following: duty breach, causation, and damages.
Misdiagnosis and Failure to Diagnose
One of the most prevalent kinds of OB-GYN errors is the failure to diagnose the condition that could result in potential consequences for the mother and baby. If a doctor is unable to spot 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 different type of surgical malpractice. These mistakes can cause unnecessary anxiety or make incorrect treatment decisions. In some cases an obstetrician's error could cause surgical complications, or even grave injuries like strokes or hematomas.
The surgical errors that happen during a hysterectomy or a cesarean section are a frequent cause of OB-GYN malpractice lawsuits. This kind of negligence, whether it's due to poor surgical technique, inability to properly manage postoperative care or even a misinterpretation of test results, can cause serious injuries to the patient.
Medical malpractice cases are complex and require the assistance of an experienced OB-GYN attorney. A seasoned attorney can assist by conducting a thorough review of the medical records, identifying all liable parties and ensuring that the claim is filed in compliance with applicable laws.
The main legal theory behind OB-GYN malpractice claims stems from negligence. A doctor can be held liable for malpractice if they depart from the standard of care an appropriately competent health professional would have provided under similar circumstances and this deviation causes harm to the patient. Proving that an OB-GYN acted negligently during their practice requires a thorough examination of medical evidence and testimony from experts. Based on the severity of the medical malpractice alleged the patient could be entitled to damages for compensation, which could include medical expenses, loss of income, emotional trauma and punitive damages to punish medical professionals for their unprofessional actions.
Birth Injuries
During pregnancy and birth mothers are heavily dependent on the advice and treatment offered by their OB/GYN physicians. Unexpected complications can happen during childbirth. Obstetricians may make mistakes that can cause injury to mother or child when complications occur. In the worst case, this medical negligence can lead to the death of a baby or mother.
Physical birth injuries can range from a minor perineal tear to damage to the pelvic nerves known as pudendal neurogia that causes chronic discomfort around the vagina and the 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 are often caused by the incorrect use of forceps or vacuum extractors, which causes the doctor to turn the fetus' head during the delivery.
Shoulder dystocia, a condition in which the baby's head is stuck in the birth canal during delivery and can result in injuries to the spinal cord. Spinal cord injuries can be caused by Erb's palsy or brachial plexus injury, which affects the nerves in the arms and hands.
It is common for women to experience emotional or psychological injuries during labor and birth, in addition to physical injuries. These types of injuries are extremely stressful and can trigger feelings of anxiety, fears flashbacks, nightmares or trouble sleeping. Women who have suffered psychological or emotional injuries which are sometimes referred to as birth trauma, may be entitled to compensation. Compensation can be awarded to cover medical bills, lost wages, rehabilitation and therapy, as well as replacement services. In the event of wrongful death punitive damages can be awarded to punish the offender and discourage similar conduct in the future.
Failure to perform a C-Section
In the delivery room an emergency C-section could be required to ensure the mother's and baby's safety. A fibroid that blocks the birth canal, pelvic fractures the baby is too big to fit through the vagina, or in breech, or other serious medical issues may necessitate an immediate C-section. In such cases, failure to perform the C section could result in severe injuries or even death.
The gynecological procedure that is prone to errors like hysterectomies and Cesarean sections are a frequent cause of malpractice lawsuits against OB-GYNs. These errors could be the result of poor surgical technique, inadequate planning or failure to follow through on treatment plans. These mistakes could also result from not informing patients of the risks involved with a particular procedure or not understanding the results of diagnostic tests.
An obstetrician or gynecologist is required to observe the health of a woman during pregnancy, and the various processes that involve caring for the fetus and her mother up to the time of birth. In the event that they fail to meet the standards of care and an injury is incurred as a result it could be deemed medical malpractice.
If you suspect that you or your child has been injured as a result of an OB-GYN mistake, it's important to consult with an experienced New York City OBGYN malpractice attorney immediately. A birth injury lawyer will help you to exercise your rights and get the compensation you deserve. Contact Brown Trial Firm today to arrange a free consultation. Our lawyers have extensive experience in obstetrical malpractice cases and will fight to hold the responsible parties accountable for their actions. You can rest assured that we will offer the best possible legal representation.
Uterine Rupture
Uterine rupture during childbirth is one of the most serious complications. If doctors aren't able to quickly diagnose and birth the baby before the uterus ruptures both the mother and baby are likely to be at risk of life-threatening complications.
Doctors are obliged to be alert and be on the lookout for indications of uterine rupture which can be characterized by vaginal bleeding, pain and a change in the pattern of fetal heartbeats during labor. If any of these signs are evident and they are able to detect them, they must be prepared to perform a C-section in the event of an emergency.
In the event of uterine rupture, the fetus or placenta can extrude through the tear. The fetus is immediately 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 symptoms of uterine rupture and then immediately begin the delivery process the baby could be afflicted with hypoxia-related brain damage or even die.
The uterus may rupture spontaneously without the presence of predisposing factors in early pregnancy. It is often difficult to identify because the symptoms and signs aren't specific and may easily be mistaken for other conditions, like abdominal pain, uterine fibroids, or vaginal bleeding. The index of a doctor for suspicion of uterine rupture must be high, as the result could be catastrophic.
Six percent of babies are estimated to die from ruptured uterus. The chances of survival increase dramatically if the uterus is diagnosed and delivered within 30 minutes. This is why it is vital for obstetricians to pay careful attention to the history of a patient and follow her closely.
Birth Defects
In the United States, approximately 1 out of 33 babies is born with a congenital defect. These may vary from minor to extreme and impact the appearance, organ function and physical and mental development of the infant. If not treated in birth injury law services , they can also cause serious health complications or even death. Many birth defects can be detected with high-resolution ultrasounds in pregnancy, while more thorough testing options like amniocentesis (taking a sample of amniotic fluid) and blood tests may be used to identify certain conditions.
Certain birth defects can be diagnosed right after the birth of a baby, such as cleft lip or cleft palate, and other conditions can only be discovered later during adulthood or in childhood such as scoliosis, or learning disabilities. Certain of these conditions can be corrected with surgery, including cleft lip and palate repairs, while others may require ongoing treatment, such as speech therapy or dental care.
Although most birth defects can't be prevented, taking a prenatal multivitamin with folate iron, iodine, or folate can reduce the risk of developing certain congenital diseases. Smoking cigarettes and taking illegal drugs also increase the chance of developing certain genetic disorders. Maternal-fetal specialists and genetic counsellors can assist in screening to determine if an issue is likely to return.
An OB-GYN's actions or omissions in a pregnancy and childbirth can constitute negligence if they do not meet the standard of care other OB/GYNs provide in similar circumstances. The key to proving negligence in obstetrics is to show that the doctor departed from the standards of care and this deviation caused harm or injury to the mother or baby.