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OB-GYN Malpractice

The birth of a baby is among the most anticipated and joyful occasions in the world. However pregnancy and the birth process can be risky.

An OB-GYN malpractice lawyer can help you understand your rights and file a successful claim. You must demonstrate the following: duty breach, causation, and damages.

Misdiagnosis or Failure to Diagnose

One of the most prevalent types of OB-GYN malpractice is the failure to diagnose a condition that could have potentially serious consequences for mother and baby. If a doctor is unable to spot early warning signs such as preeclampsia or gestational diabetes, the patient may suffer permanent harm, as well as financial and emotional strain.

The misinterpretation of diagnostic tests, such as mammograms or ultrasounds is a different type of medical malpractice in the obstetric field. These errors can lead to unnecessary anxiety and/or wrong treatment decisions. In some cases the carelessness of a gynecologist may cause surgical complications or even serious injuries like hematomas or stroke.

The surgical errors that happen during a hysterectomy or a cesarean section are another frequent cause of OB-GYN malpractice lawsuits. This type of negligence, whether it's due to poor surgical technique, inability to properly manage postoperative treatment, or even a misinterpretation results of tests, can cause serious injuries to patients.

Medical malpractice cases can be complex and require the expertise of an expert OB-GYN lawyer. A skilled attorney can help by analyzing the medical records, identifying responsible parties, and ensuring that the claim is filed in accordance with applicable laws.

The most commonly used legal basis for OB-GYN claims of malpractice is negligence. A doctor could be held liable for malpractice if they diverge from the standard of care that a reasonably competent health care professional would have provided under similar circumstances, and the 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 during the course of her work. In the event of the alleged malpractice an individual patient may be entitled to compensation damages, including medical bills, income loss emotional trauma and punitive damages to punish medical professionals for their unprofessional acts.

Birth Injury

Throughout the pregnancy and birthing process, mothers are heavily dependent on the advice and treatment of their OB/GYN physicians. Unexpected complications can occur during the birthing process. If they do, it is possible for an obstetrician to make a mistake that results in injury to the baby or mother. In the most serious cases of medical error, a mother or baby may suffer a fatal injury.

Physical birth injuries can range from a small tear in the perineum to damage to the pelvic nerve system, also known as pudendal neuropathy, which causes long-term discomfort in the vaginal region and the rectum. The most serious physical birth injuries include spinal cord injuries. These may range from mild bruises to complete spinal cord tears. These injuries can be caused by the improper use of vacuum extractors or forceps that cause the doctor to twist the fetus’ head during the delivery.

Shoulder dystocia, a condition in which the baby's head gets stuck in the birth canal during the delivery, can also cause a spinal cord injury. Erb's palsy and brachial-plexus injuries, which affect the nerves in the hands and arms are also common causes of spinal injury lawsuit.

It is common for women to suffer emotional or psychological injuries during labor and delivery in addition to physical injuries. These kinds of injuries can be very painful, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered these psychological or emotional traumas often called birth trauma, may be entitled to compensation. Compensation damages can be given to cover medical expenses and lost wages, as well as therapy, rehabilitation and replacement services. In the event of wrongful deaths, punitive damages may be awarded as a form of punishment for the defendant, and to deter future behavior similar to the one that occurred.

Failure to Perform a C-Section

There are times in a delivery room when C-sections in emergency are necessary to ensure the safety of both mother and child. A fibroid blocking the birth canal or a pelvic fracture a baby who is too big to fit through the vagina or the breech position, and other serious medical issues may necessitate an immediate C-section. In the event of a delay in performing a C-section, in these situations could lead to severe injuries and even death.

Surgical errors involving gynecological procedures like hysterectomies and Cesarean sections are the most common cause of malpractice claims against OBGYNs. The mistakes may be a result of poor surgical technique, improper planning or failing to follow up on treatment plans. These mistakes can also include failing to inform patients of the risks involved with a particular procedure, or making mistakes in the interpretation of diagnostic test results.

Obstetricians and gynecologists have a responsibility to monitor the health of a woman's pregnancy and in all the processes associated in taking care of her, the fetus, and the mother up until the time of delivery. If they fail to uphold the standard of care and an injury lawyers is sustained, it can be considered a form of medical malpractice.

If you or your child think that you've suffered injury due to an OB/GYN error You should speak with an experienced New York City OBGYN negligence attorney as soon as possible. A dedicated birth injury lawyer injury near me can assist you in exercising your rights and obtain the full amount you're due. Contact Brown Trial Firm today to arrange a free consultation. Our lawyers have extensive experience with obstetrical malpractice cases and will fight to hold accountable parties for their actions. You can rest assured that we will provide you with the most effective possible legal representation.

Uterine Rupture

Uterine rupture is one of the most serious complications that can occur during childbirth. If doctors fail to diagnose and deliver the baby quickly before the uterus ruptures both the mother and baby are at risk of life-threatening complications.

Doctors must be on guard when identifying signs of uterine rupture. These include pain, bleeding from the vaginal area and a change in 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 in the event of an emergency.

In the event of uterine rupturing, the fetus or placenta can extrude through the tear. This puts the fetus in immediate risk of deprivation of oxygen. Hypoxia can lead to 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 may suffer from hypoxia-related brain injury claim lawyer or even die.

The uterus can rupture on its own without the presence of any predisposing factors during early pregnancy. It can be difficult to recognize because the symptoms and signs are nonspecific and can easily be mistaken for other conditions, like abdominal pain, uterine fibroids, or vaginal bleeding. A doctor's index for suspicion of uterine rupture should be high, since the outcome can be disastrous.

Six percent of babies are thought to die from uterine rupture. The chances of survival are significantly increased 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 in 33 babies is born with a congenital defect. These may be minor or extreme and impact the appearance, organ function and physical and mental development of the infant. They can also lead to health problems or even death if treated in utero. Many birth defects can be detected using high-resolution ultrasounds during pregnancy, while more thorough testing options like amniocentesis (taking an amniotic fluid) and blood tests could also be available to determine certain conditions.

Some 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 in life in adulthood or during childhood, such as scoliosis or learning disabilities. Some of these conditions can be treated surgically, such as cleft palate and lip repairs, while others require ongoing care 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, or folate can help reduce the risk of congenital diseases. In addition, smoking and using illegal drugs greatly increase the risk of certain genetic abnormalities. Genetic counselors and specialists for mothers-to-be can assist with screening to determine if a problem is likely to recur.

If an OB/GYN is unable to provide the same level of care that other OB/GYNs provide in similar situations, it could be considered to be a case of negligence. The most important thing to prove obstetrical negligence is showing that the physician deviated from the standard of care and that the deviation caused injury or harm to the baby or mother.