OB-GYN Malpractice

The birth of a child is one of the most awaited and joyful events in life. Pregnancy and delivery can be dangerous.

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

Incorrect diagnosis or failure to diagnose

One of the most frequent types OB-GYN malpractices is the failure of a doctor in diagnosing an illness that could have serious consequences for mother and child. If a medical professional fails detect warning signs early, such as preeclampsia and gestational diabetes, the patient may be harmed for life as well as emotional or financial strain.

Another form of obstetric malpractice is the incorrect interpretation of diagnostic tests, such as mammograms or ultrasounds. These mistakes can cause unnecessary anxiety and/or wrong treatment decisions. In some cases the negligence of a gynecologist could result in surgical complications, and even serious injuries like strokes or hematomas.

Surgical errors that occur during a hysterectomy or cesarean section are another frequent reason for OB-GYN malpractice lawsuits. Whether the error is caused by poor surgical technique, failure to properly manage postoperative care or even the wrong interpretation of test results, this kind of negligence can lead to serious injuries for the patient.

Medical malpractice cases are complex and require the expertise of an expert OB-GYN lawyer. A seasoned attorney can assist in conducting a thorough examination of medical documents, identifying all responsible parties and ensuring that the claim is filed in compliance the applicable laws.

The main legal theory behind the OB-GYN malpractice claims is negligence. A doctor may be held accountable for malpractice if he or she deviates from the standard of care that a competent professional would have offered in similar circumstances and the deviation results in harm to patients. The proof that an OB-GYN was negligently during their practice requires a thorough examination of medical evidence and evidence from experts. Based on the severity of the malpractice alleged, a client may be entitled to compensation including medical expenses and loss of income, emotional trauma and punitive damages to punish the medical professionals involved for their indefensible actions.

birth injury legal team Injury

When they are pregnant and giving birth mothers are dependent on the advice and treatment given by their OB/GYN physicians. Unexpected complications can occur during the birthing process. When they do, it is possible for an obstetrician make a mistake that results in injuries to the mother or baby. In the worst case this kind of medical error could result in the death of a baby or mother.

Physical birth injuries can range from a minor tear in the perineum to damage to the pelvic nervous system, called pudendal neuropathy which can cause long-term discomfort in the vaginal region and the rectum. The most serious physical birth injuries include spinal cord injuries. They can range from minor bruises, to complete spinal cord tears. They can be caused by improper use of forceps or vacuum extractors, which cause the doctor to turn or compress the fetus' head during delivery.

Shoulder dystocia, a condition where the baby's head gets stuck in the birth canal during delivery, can also cause a spinal cord injury. Spinal cord injuries can also be caused by Erb's Palsy or a brachial plexus lawyer plexus injury which affects the nerves of the hands and arms.

It is normal for women to experience psychological or emotional traumas during labor and birth, in addition to physical injuries. These kinds of injuries can be extremely distressing and can cause feelings of anxiety, fears flashbacks, nightmares or sleeplessness. Women who have suffered psychological or emotional injuries - also known as birth trauma - may be entitled compensation. Compensation damages may be given to cover medical expenses, lost wages, therapy, rehabilitation, and replacement services. In the case of wrongful deaths, punitive damage may be awarded as a form of punishment for the defendant and to discourage future behavior similar to the one that occurred.

Failure to perform a C-Section

There are instances in a delivery room when an emergency C-section is necessary to ensure the safety of both mother and baby. A fibroid that blocks the birth canal, pelvic fractures an infant that is too large to fit through the vagina, or into breech, or other serious medical conditions may necessitate an immediate C-section. Failing to perform a C-section in such situations could lead to severe injuries, and possibly even death.

The gynecological procedure that is prone to errors like hysterectomies or cesarean sections are the most common cause of malpractice claims against OBGYNs. These errors can be caused by poor surgical techniques, inadequate planning or inability to execute treatment plans. They could also be due to an inability to inform patients about the risks of an operation or interpreting incorrectly diagnostic tests.

A gynecologist or obstetrician has a duty to monitor the health of women during pregnancy, and the entire process involved in caring for her and the fetus until birth. In the event that they do not meet the standards of care and an injury is incurred in the process it could be deemed medical malpractice.

If you suspect that you or your child was injured as a result of an OB-GYN mistake, it's important to consult with an expert New York City OBGYN malpractice attorney as soon as possible. A dedicated birth injury lawyer will help you exercise your rights and receive the full compensation you deserve. To learn more, call Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers are well-versed of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can be assured that we will provide the most effective legal representation.

Uterine Rupture

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

Doctors are obliged to be alert and watch out for signs of uterine rupture, which include pain, vaginal bleeding and changes in the pattern of fetal heartbeats during labor. They should be prepared to perform an emergency C-section if these signs appear.

In the case of rupture in the uterus the placenta and fetus could be released through the the wall of the uterus. 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 lawyer palsy. If medical professionals fail to recognize the symptoms of uterine rupture and immediately initiate delivery the baby may be afflicted with hypoxia-related brain damage or even die.

The uterus may rupture on its own during 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 get confused with other conditions such as 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 result could be catastrophic.

Six percent of babies are estimated to die from ruptured uterus. The odds of survival increase dramatically if the uterus is diagnosed and delivered within 30 minutes. This is the reason it is crucial for obstetricians to pay close attention to a patient's history and closely monitor her.

Birth Defects

In the United States, approximately 1 in 33 babies is born with a congenital defect. They can be minor or severe and impact the appearance organ function, physical and mental development of the infant. If not addressed in utero they can cause serious health complications or even death. High-resolution ultrasounds can detect numerous birth defects during pregnancy. Other options for testing, such as amniocentesis and blood tests, might be available.

Some birth defects, like cleft lips or cleft palettes, can be detected immediately after the baby is born. Other conditions, such scoliosis and learning disabilities, are not always discovered until later in childhood or adulthood. Certain of these conditions can be treated surgically, such as cleft palate and lip repairs, while others require ongoing treatment like dental therapy or speech therapy.

Although most birth defects can't be prevented, taking a prenatal multivitamin with folate, iron, and iodine can help lower the risk of congenital disorders. Smoking and illegal drug abuse can also increase the risk of certain genetic disorders. Genetic counselors and specialists for mothers-to-be can assist in screening to determine if a condition is likely to return.

An OB-GYN's specific actions or omissions during a childbirth or pregnancy could be considered negligence if they do not meet the standard of care that other OB/GYNs provide in similar circumstances. To prove obstetrical neglect you must prove that the doctor did not follow standard care and that this deviation caused injury or harm for the mother or child.