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OB-GYN Malpractice

The birth of a child is one of the most anticipated and joyful events in life. Pregnancy and birth are not without risk.

An OB-GYN malpractice lawyer can help you understand your rights and file a claim that is successful. You'll need to prove the following: breach of duty, breach causation, damages and breach.

The wrong diagnosis or the inability to diagnose

One of the most prevalent types of OB-GYN malpractice is the failure to diagnose the condition that could result in potentially serious consequences for the mother and baby. If a medical professional fails detect warning signs early such as preeclampsia, for example, or gestational diabetes patients may be left with permanent injuries as well as financial or emotional strain.

The misinterpretation of diagnostic tests, like ultrasounds or mammograms is a different type of surgical malpractice. These errors can cause unnecessary anxiety or make incorrect treatment decisions. In some cases, a gynecologist's negligence can cause surgical complications or even severe injuries like strokes or hematomas.

The surgical errors that happen during a hysterectomy, or a cesarean section are another frequent reason for OB-GYN malpractice lawsuits. If the error is caused by poor surgical technique, failure to properly manage postoperative care or even an incorrect interpretation of the results of tests, this type of negligence can cause serious injuries to the patient.

Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. A skilled attorney can help by conducting a thorough review of the medical records, identifying all liable parties and making sure that the claim is filed in accordance the applicable laws.

The main legal theory behind OB-GYN malpractice claims is negligence. A doctor could be held liable for malpractice if they diverge from the standard of care that a competent health care professional would have provided under similar circumstances, and the deviation results in harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN behaved in a negligent way during the course of his practice. Depending on the extent of the malpractice alleged, a client may be entitled to compensatory damages such as medical bills and lost income, emotional trauma, and punitive damages designed to punish the medical professionals involved for their indefensible actions.

Birth Injuries

Throughout the pregnancy and birthing process, mothers are highly dependent on the recommendations and treatment from their OB/GYN physicians. Unexpected complications can occur during childbirth. Obstetricians may make mistakes that can cause injury to mother or child when complications arise. In the worst cases this kind of medical error could result in the death of a baby or mother.

Physical birth injuries may range from a minor tear in the perineum to damage to the pelvic nervous system, also known as pudendal neuropathy that causes chronic 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. These injuries can be caused by the improper use of forceps or vacuum extractors which cause the doctor to twist the fetus' head during the delivery.

Shoulder dystocia, a condition that occurs when the baby's head is stuck in the birth canal during the delivery it can also result in a spinal cord injury. Erb's palsy and brachial plexus injuries that affect the nerves in the arms and hands are also common causes of spinal cord injury.

It is common for women to experience psychological or emotional traumas during labor and delivery, in addition to physical injuries. These kinds of injuries can be extremely distressing, causing feelings of anxiety or anxiety, nightmares, flashbacks or difficulty sleeping. Women who have suffered these psychological or emotional traumas, sometimes called birth trauma, may be entitled to compensation. Compensation damages may be awarded to cover medical expenses, lost wages, rehabilitation, therapy and replacement services. In the case of wrongful deaths punitive damages can be awarded to punish the defendant and deter similar behavior in the future.

Failure to perform C-Sections

There are times in a delivery room when C-sections in emergency are necessary to ensure the safety of both mother and baby. A fibroid that blocks the birth canal, pelvic fractures a baby too big to pass through the vagina, or into breech, or other serious medical issues may require an immediate C section. In these situations, failure to perform C-sections C section could cause serious injuries or even death.

Gynecological errors that involve surgery, like hysterectomies, or cesarean sections, are a frequent cause of malpractice claims against OBGYNs. The mistakes may be a result of inadequate surgical technique, insufficient planning or failing to follow through on treatment plans. They could also be due to an inability to inform patients of the risks of a procedure or misinterpreting diagnostic tests.

A gynecologist or obstetrician is accountable for monitoring the health of women during pregnancy, and the various processes that involve caring for her and the fetus up to the time of birth. If they fail to meet the standards of care and a recurrence of injury occurs as a result it could be regarded as medical malpractice.

If you believe you or your child has been injured as a result of an OB-GYN error it is crucial to speak 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 obtain the full compensation you deserve. Contact Brown Trial Firm today to set up a no-obligation meeting. Our lawyers are knowledgeable of obstetrical negligence cases and will fight for the responsible parties to be held accountable. You can be assured that we will offer the best possible legal representation.

Uterine Rupture

Uterine rupture is among the most serious complications of childbirth injury law. If doctors are not able to diagnose and birth a baby before the uterus ruptures, both the mother and baby are likely to be at risk of life-threatening complications.

Doctors are required to be on guard and look for the symptoms of uterine rupture which may include vaginal bleeding, pain and an alteration in the pattern of fetal heartbeats during labor. If these signs are present and they are able to detect them, they must be prepared to perform a C-section in an emergency.

In the event of uterine rupture, the fetus or placenta can extrude through the tear. The fetus immediately is at risk of being deficient in oxygen. Hypoxia can cause severe brain injuries like hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to identify the signs of a ruptured uterus, and do not immediately begin the delivery process the baby may suffer hypoxia-related brain injuries or even die.

The uterus can rupture spontaneously without the presence of predisposing factors during early pregnancy. It is often difficult to identify because the signs and symptoms are not specific and could easily be misinterpreted as other conditions, like abdominal pain, uterine fibroids or vaginal bleeding. In addition, the doctor's suspicion index for rupture of the uterus must be high since the outcome can be catastrophic.

Six percent of babies are believed to die from uterine rupture. The chances of survival are significantly enhanced if the uterus can be diagnosed and delivered in less than 30 minutes. It is important that obstetricians take note of the patient's medical history and closely observe her.

Birth Defects

One out of 33 babies in the United States is born with a birth defect. These birth injury legal rights defects can be minor or severe, and impact the baby's appearance organ function, appearance, mental and physical growth. They can also lead to health problems or even death if not treated during utero. Many types of birth defects can be detected with high-resolution ultrasounds in pregnancy, while more thorough testing options such as amniocentesis (taking samples of amniotic fluid) and blood tests could be used to identify certain conditions.

Certain birth defects, such as the cleft palate or cleft lips can be identified immediately after the baby's birth. Other conditions, such learning disabilities and scoliosis might not be identified until later in life or after adulthood. Some of these issues can be corrected surgically, such as cleft palate or lip repairs, while others require ongoing care such as dental therapy or speech therapy.

While most birth defects aren't preventable birth injury lawyer by taking a prenatal vitamin with folate Iodine, iron and iodine can aid in reducing the risk of certain congenital diseases. Smoking and illegal drug use greatly increase the chance of developing certain genetic abnormalities. Maternal-fetal medicine specialists and genetic counselors can assist with screening to determine the likelihood of a specific condition recurring.

A specific OB-GYN's actions or omissions during a childbirth or pregnancy can be considered negligence if they do not meet the standard of care other OB/GYNs offer under similar circumstances. The only way to prove the negligence of an obstetrician is to prove that the doctor departed from the norm of care and that the deviation resulted in injury or harm to the baby or mother.