OB-GYN Malpractice

Birth of a child can be one of the most thrilling and exciting experiences. However, pregnancy and the delivery process can be dangerous.

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

Incorrect diagnosis and inability to diagnose

One of the most common types of OB-GYN malpractices is the failure to diagnose a condition that could have potentially grave consequences for both mother and child. If a medical professional is unable to detect warning signs early like preeclampsia or gestational diabetes, the patient may be left with permanent injuries as well as financial or emotional strain.

Incorrect interpretation of diagnostic tests such as ultrasounds or mammograms is a common type of medical malpractice in the obstetric field. These mistakes can lead to unnecessary anxiety or incorrect treatment decisions. In some instances an obstetrician's error could lead to surgical complications or even severe injuries like strokes or hematomas.

The surgical errors that happen during a hysterectomy or cesarean section are a common reason for OB-GYN malpractice lawsuits. If the error is caused due to poor surgical technique, failure to properly manage postoperative care, or even the wrong interpretation 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 attorney. A skilled attorney can help in conducting a thorough examination of medical records, identifying all liable parties and ensuring that the claim is filed in accordance with the law applicable to it.

The most important legal basis for OB-GYN malpractice claims is negligence. A doctor could be held responsible for malpractice if he or she deviates from the standard of care that a competent professional would provide in similar circumstances, and the deviation causes harm to a patient. Proving that an OB-GYN acted negligently in the course of their work requires a careful review of medical evidence as well as evidence from experts. According to the severity of the medical malpractice alleged, a client could be entitled to damages in compensation, including medical bills, income loss emotional trauma and punitive damages designed to punish medical professionals for their unprofessional acts.

Birth Injuries

During pregnancy and the birth mothers are heavily dependent on the advice and treatment provided by their OB/GYN physicians. Unfortunately, unforeseen complications that arise during childbirth could occur. Obstetricians may make mistakes that can cause injury to mother or child when complications occur. In the most serious cases this kind of medical error could result in the death of a child or mother.

Physical birth injuries can range from a minor tear in the perineum to injuries to the pelvic nervous system, called pudendal neuropathy, which causes long-term pain in the vaginal area and the rectum. The most serious of physical birth injuries are spinal cord injuries that can be severe, ranging from minor bruises to complete spinal tears. They are often caused by the improper use of vacuum extractors or forceps, which can cause the doctor to stretch or compress the head of the fetus during delivery.

Shoulder dystocia, a condition in which the baby's head gets stuck in the birth canal during delivery it can also result in an injury to the spinal cord. The injuries to the spinal cord can be caused by Erb's palsy or a brachial plexus injury which affects the nerves in the arms and hands.

In addition to physical birth injury lawsuit process injuries, it is also normal for women who undergo labor and delivery to suffer emotional or psychological injuries. These types of injuries can be incredibly distressing, causing feelings of anxiety or anxiety, nightmares, flashbacks or sleeplessness. Women who have suffered psychological or emotional injuries which are sometimes called birth trauma, could be entitled to compensation. Compensatory damages may be awarded to pay medical expenses, lost wages, therapy and rehabilitation and replacement services. In the event of wrongful death punitive damages can be awarded to punish the defendant and discourage similar behaviour in the future.

Failure to perform a C-Section

There are instances in a birth room where C-sections are required in an emergency to ensure the safety of mother and child. A fibroid that blocks the birth canal or pelvic fracture, the baby is too large to fit through the vagina or the breech position, and other serious medical issues may require an immediate C-section. In these cases, failing to perform the C section could cause severe injuries or even death.

The gynecological surgical errors, such as hysterectomies or cesarean sections are a frequent cause of malpractice claims against OB/GYNs. The mistakes may be a result of inadequate surgical technique, insufficient planning or failure to follow-up on treatment plans. They could also be due to the failure to inform patients of the risks of a procedure or misinterpreting diagnostic tests.

Gynecologists or obstetricians have the obligation of monitoring the health of a woman's pregnancy and all processes involved with caring for her, the fetus and the mother, up to the moment of birth. If they do not uphold the standard of care, and an injury occurs, it can be considered a form of medical malpractice.

If you believe you or your child was injured as a result of an OB-GYN error, it's important to consult with an expert New York City OBGYN malpractice attorney as soon as possible. A skilled birth injury lawyer will help you exercise your rights and get the full compensation you deserve. To learn more, contact Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have years of experience in cases involving obstetrical malpractice and will fight to hold the accountable parties for their actions. You can be sure that we will provide you with the most effective possible legal representation.

Uterine Rupture

Uterine rupture during childbirth is one of the most serious complications. If doctors are not able to quickly diagnose and birth the baby before the uterus ruptures, both the mother and baby are likely to be at risk of serious 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. They should be prepared to perform an emergency C-section in the event that these signs occur.

In the event of uterine rupturing the fetus or placenta can extrude through the tear. The fetus immediately is at risk of oxygen deprivation. Hypoxia can lead to severe brain injuries, including hypoxic ischemic encephalopathy (HIE) and cerebral palsy. If medical professionals fail recognize the symptoms of ruptured uterus and do not immediately begin delivery the baby may suffer hypoxia-related brain injuries or even die.

The uterus may rupture spontaneously without the presence of any predisposing factors during early pregnancy. It is sometimes difficult to identify uterine rupture due to the fact that the symptoms and signs are nonspecific. It is easy to get confused with other conditions like abdominal discomfort, uterine fibroids or vaginal blood. Additionally, a doctor's suspicion of rupture of the uterus must be high because the outcome can be catastrophic.

Six percent of babies are believed to die due to ruptured uterus. The chances of survival are greatly enhanced if the uterus can be identified and delivered within less than 30 minutes. Obstetricians should pay attention to the patient's medical history and closely observe her.

Birth Defects

One in 33 babies in the United States is born with a birth defect. These birth defects can be severe or minor, and affect the baby's appearance organ function, appearance, mental and physical growth. If not treated in utero, they can also cause serious health issues or even death. Ultrasounds with high resolution are able to detect numerous birth defects that can occur during pregnancy. Other options for testing, such as amniocentesis and blood tests, may also be available.

Certain birth defects, such as the cleft palate or cleft lips are easily detected after the baby's birth. Other conditions, such learning disabilities and scoliosis are not always discovered until later in life or after adulthood. Some of these issues can be corrected surgically, such as cleft palate and lip repairs, whereas others require ongoing care such as speech therapy or dentist care.

While most birth defects are not preventable, taking a prenatal vitamin that contains folate, iodine and iron may reduce the risk of developing certain congenital diseases. Smoking and using illegal drugs greatly increase the likelihood of certain genetic disorders. Genetic counselors can assist in screening to determine the chance of a specific condition recurring.

An OB-GYN's actions or omissions in a childbirth or pregnancy could be considered negligence if they fall short of the standard of care that other OB/GYNs would provide under similar circumstances. To prove obstetrical neglect you must prove that the doctor erred from standard care and that this deviation caused injury or harm for the mother or child.