OB-GYN Malpractice
birth injury lawyer near me of a child can be one of life’s most exciting and joyful events. The process of pregnancy and birth are not without risk.
An OB-GYN lawyer can assist you understand and make a claim that is successful. You’ll need to prove the following: duty, breach causation, damages and breach.
Incorrect diagnosis and inability to diagnose
One of the most common types of OB-GYN errors is the inability of a doctor to recognize an issue that could lead to grave consequences for mother and child. 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.
Another common type of obstetrical error is the misinterpretation of diagnostic tests, such as mammograms and ultrasounds. These mistakes can cause unnecessary anxiety or incorrect treatment decisions. In some instances, a gynecologist’s negligence can result in surgical complications, or even grave injuries, such as hematomas or strokes.
Surgical errors that occur during a hysterectomy or a cesarean section are a common cause of OB-GYN malpractice lawsuits. If the error is caused by poor surgical technique, inability to properly manage postoperative care or even a misinterpretation of test results, this type of negligence can lead to serious injuries for the patient.
Medical malpractice cases are complex and require the expertise of a skilled OB-GYN lawyer. A competent attorney can aid by analyzing the medical records, identifying liable parties, and ensuring the claim is filed according to the applicable laws.
The most commonly used legal basis for OB-GYN claims of malpractice is negligence. A doctor may be held responsible for obstetric malpractice lawyer if he / does not adhere to the standard of care that a competent professional would have offered in similar circumstances and the deviation results in harm to the patient. Finding out if an OB-GYN has acted negligently during their work requires a careful review of medical evidence as well as evidence from experts. Depending on the severity of the alleged malpractice, a client may be entitled to compensation such as medical bills as well as lost income, emotional trauma and punitive damages to punish the medical professionals responsible for their reckless actions.
Birth Injuries
During pregnancy and the birth mothers are dependent on the advice and treatment given by their OB/GYN doctors. Unexpected complications can happen during the birthing process. Obstetricians can make mistakes that result in injuries to the mother or child when complications arise. In the most serious cases of medical negligence, a mother and baby can suffer a fatal injury.
Physical birth injuries include everything from a minor tear to the perineal to damage to pelvic nerves known as pudendal neurogia which causes long-term pain around the vagina and rectum (perineum). The most grave physical birth injuries are spinal cord injuries. They can range from minor bruises to complete spinal cord tears. These injuries can result from the improper use of forceps or vacuum extractors, which causes the doctor to twist the fetus’ head during delivery.
Shoulder dystocia, which is a condition where the baby’s head gets stuck in the birth canal during the delivery it can also result in injuries to the spinal cord. Spinal cord injuries can also be caused by Erb’s psy or a brachial plexus injury which affects the nerves of the hands and arms.
In addition to physical free birth injury consultation injuries, it’s also common for women who undergo labor and delivery to suffer emotional or psychological injuries. These types of injuries are very distressing and can lead to anxiety or fears flashbacks, nightmares, or difficulty sleeping. Women who have suffered these emotional or psychological injuries, sometimes referred to as dedicated birth injury lawyer trauma, may be entitled to compensation. Compensation damages can be awarded to pay medical expenses and lost wages, as well as rehabilitation and therapy, as well as replacement services. In cases of wrongful death, punitive damages may be awarded to punish the defendant and discourage similar behaviour in the future.
Failure to Perform a C-Section
There are instances in a delivery room when C-sections are required in an emergency 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 in breech, or other serious medical conditions may require an immediate C section. In these cases, failing to perform a C section could result in severe injuries or even death.
Surgical errors involving gynecological operations such as hysterectomies or cesarean sections are a frequent cause of malpractice claims against OBGYNs. These errors can result from poor surgical techniques, poor planning, or failure to carry out treatment plans. It could also be due to the failure to inform patients about the risks of the procedure or misinterpreting the results of diagnostic tests.
Obstetricians and gynecologists 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 fail to meet this standard of care, and a recurrence of injury occurs in the process it could be regarded as medical malpractice.
If you suspect that you or your child has been injured due to an OB-GYN mistake, it’s important to consult teaming up with birth injury attorneys an experienced New York City OBGYN malpractice attorney immediately. A birth injury lawyer can help you to exercise your rights and receive the compensation you are entitled to. For more information, contact Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have a wealth of experience in obstetrical malpractice cases and will fight to hold responsible parties accountable for their actions. You can be confident that we will provide you with the best legal representation.
Uterine Rupture
Uterine rupture is among the most serious complications that can occur during childbirth. If doctors fail to diagnose and deliver the baby before the uterus ruptures both the mother and baby are at risk of serious complications.
Doctors must be vigilant in finding indications of rupture of the uterus. These include bleeding from the vaginal region, and a change to the heart tone pattern of the fetus during labor. If they notice any of these signs doctors should be prepared to perform a C-section during an emergency.
In the event of a ruptured uterine the placenta and fetus could be released through the tear in the wall of the uterus. The fetus immediately is at risk of being deficient in oxygen. Hypoxia can cause severe brain injuries such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to spot the signs of uterine rupture and immediately initiate delivery the baby may suffer from hypoxia-related brain injuries or even die.
The uterus can rupture on its own without the presence of predisposing factors during early pregnancy. It is often difficult to diagnose because the symptoms and signs aren’t specific and may easily be misinterpreted to mean other conditions, such as abdominal pain, uterine fibroids or vaginal bleeding. In addition, a doctor’s suspicion index for uterine rupture must be high as the consequences can be devastating.
Six percent of babies are believed to die from ruptured uterus. The odds of survival are dramatically enhanced if the uterus can be identified and delivered within less than 30 minutes. It is important that obstetricians pay attention to the patient’s medical history and closely observe her.
Birth Defects
In the United States, approximately 1 out of 33 babies are born with a congenital defect. These defects could be minor or severe, and impact the baby’s appearance, organ function, and physical and mental growth. They could also cause health complications or even death if not treated in utero. A variety of birth defects can be detected by using high-resolution ultrasounds during pregnancy, while 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 detected right after the birth of a baby, such as cleft lip or cleft palate, while other issues may be discovered later during childhood or adulthood, such as scoliosis or learning disabilities. Some of these conditions can be corrected surgically like cleft palate and lip repairs, while others require ongoing treatment like dental therapy or speech therapy.
Although the majority of birth defects cannot be prevented taking a prenatal multivitamin that contains folate iron, iodine, or folate can help lower the risk of congenital disorders. In addition, smoking and illicit drug use increase the chance of developing certain genetic anomalies. Maternal-fetal specialists and genetic counsellors can assist in screening to determine if an issue is likely to return.
If an OB/GYN fails to provide the same standard of care as other OB/GYNs in similar situations, it can be considered malpractice. To prove obstetrical neglect you must show that the doctor erred from normal practice and that the deviation resulted in injury or harm for the mother or child.