15 Astonishing Facts About Obstetric Malpractice Lawyer
OB-GYN Malpractice
The 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 malpractice lawyer can assist you in understanding your rights and file a successful claim. You will need to demonstrate the following duties breached as well as causation and damages.
The wrong diagnosis or the inability to diagnose
One of the most prevalent types of OB-GYN malpractice is the failure to recognize the condition that could result in potentially serious consequences for mother and child. If a medical professional fails to recognize early warning signs like preeclampsia or gestational diabetes, the patient could suffer permanent harm, as well as financial and emotional stress.
Another form of obstetrical error is the incorrect interpretation of diagnostic tests, such as ultrasounds or mammograms. These mistakes can cause unnecessary anxiety or incorrect treatment decisions. In some instances, a gynecologist's negligence can lead to surgical complications, or even grave injuries, such as hematomas or strokes.
The surgical errors that happen during a hysterectomy or cesarean section are a common cause of OB-GYN malpractice lawsuits. The error could be caused by a poor surgical technique, failure to appropriately manage postoperative care or even the wrong interpretation of test results, this kind of negligence can lead to serious injuries to the patient.
Medical malpractice cases can be complex and require the expertise of a skilled OB-GYN lawyer. A competent attorney can aid by analyzing medical records, identifying the liable parties, and ensuring that the claim is filed according to the applicable laws.
The most important legal basis for OB-GYN malpractice claims is negligence. Doctors can be held liable for malpractice if they depart from the standard of care a competent health care professional would have provided 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 investigation of medical evidence and testimony from experts. Depending on the severity of the alleged malpractice an individual patient may be entitled to compensatory damages including medical bills as well as emotional trauma, lost income and punitive damages to punish medical professionals involved for their reckless actions.
Birth Injuries
During pregnancy and the birth mothers are dependent on the advice and treatment offered by their OB/GYN doctors. Unexpected complications can happen during the birth of a child. Obstetricians are prone to make mistakes that cause injury to mother or child when complications arise. In the worst case the medical negligence could lead to the death of a baby or mother.
Physical birth injuries include everything from a minor tear to the perineal to damage to the pelvic nerves called pudendal neuralgia that causes chronic pain around the vagina and rectum (perineum). The most grave physical birth injuries are spinal cord injuries. They can range from mild bruises, to complete spinal cord tears. They may be caused by the incorrect use of vacuum extractors or forceps, which can cause the doctor to turn or compress the head of the fetus during the delivery.
Shoulder dystocia can also cause a spinal injury. This is caused when the baby's head is stuck in the birth canal. Spinal cord injuries can be caused by Erb's palsy or a brachial plexus injury which affects the nerves in the hands and arms.
In addition to physical birth injuries, it's also normal for women who undergo labor and delivery to suffer emotional or psychological injuries. These types of injuries are extremely distressing and can cause anxiety and fear, nightmares, flashbacks, or sleeplessness. Women who have suffered these psychological or emotional traumas, sometimes called birth trauma, may be entitled to compensation. Compensation damages can be awarded to cover medical expenses as well as lost wages, therapy and rehabilitation and replacement services. In the case of unjustified deaths, punitive damage may be awarded as a punishment for the defendant and to discourage future behavior similar to the one that occurred.
Failure to perform C-Sections
In the birth room an emergency C-section is often required to ensure mother and baby's safety. A fibroid that blocks the birth canal, pelvic fractures the baby is too big to pass through the vagina, or in breech, as well as other serious medical conditions may require an immediate C section. In such cases, failure to perform the C section could cause serious injuries or even death.
Gynecological errors that involve surgical errors such as hysterectomies and cesarean sections are a common cause of malpractice lawsuits against OBGYNs. These errors could be the result of poor surgical technique, improper planning, or failure to follow up on treatment plans. They may also include the failure to inform patients of the risks associated with an operation or interpreting incorrectly the results of diagnostic tests.
A gynecologist or obstetrician has a duty to monitor the health of women during pregnancy, as well as all processes that are involved in the care of the fetus and her mother until birth. If they fail to meet the standards of care and an injury occurs due to this it could be deemed medical malpractice.
If you suspect that you or your child was harmed due to an OB-GYN mistake, it's important to consult with an experienced New York City OBGYN malpractice attorney right away. A skilled birth injury lawyer can help you exercise your rights and receive the full amount of 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 with obstetrical malpractice cases and will fight to hold responsible parties accountable for their actions. You can be confident that we will provide the best possible legal representation.
Uterine Rupture
Uterine rupture during childbirth is one the most serious complications. If doctors do not diagnose and deliver the baby swiftly before the uterus ruptures, both the mother and baby are at risk of life-threatening complications.
Doctors should be alert in finding signs of rupture of the uterus. This includes bleeding from the vaginal region, and a change to the pattern of heart tones of the fetus during labor. read more should be prepared to perform an emergency C-section in the event that these signs are observed.
In the event of uterine rupture, the fetus or placenta may protrude from the tear. This puts the fetus in immediate risk of oxygen deprivation. Hypoxia can result in serious brain injuries, such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to recognize the symptoms of uterine rupture and then immediately begin the delivery process the baby could suffer from hypoxia-related brain injury or even die.
The uterus can rupture spontaneously without the presence of predisposing factors during pregnancy. It is often difficult to identify uterine rupture because the symptoms and signs are nonspecific. It is easy to be confused with other conditions like abdominal discomfort, uterine fibroids or vaginal blood. The index of a doctor for suspicion of uterine rupture should be high, since the outcome can be disastrous.
Six percent of babies are believed to die from ruptured uterus. The odds of survival are significantly enhanced if the uterus can be detected and delivered within less than 30 minutes. Obstetricians must be attentive to the patient's medical history and closely monitor her.
Birth Defects
In the United States, approximately 1 out of 33 babies is born with a congenital defect. These defects can be mild or severe and impact the baby's appearance organ function, appearance, mental and physical growth. If not treated in utero they can cause serious health problems or even death. High-resolution ultrasounds can detect numerous birth defects during pregnancy. Other testing options like amniocentesis or blood tests, may also be available.
Certain birth defects can be diagnosed right after a baby is born like cleft lips or cleft palate. However, other conditions can only be discovered later in adulthood or during childhood, such as scoliosis or learning disabilities. Some of these issues can be corrected surgically, such as cleft palate and lip repairs, while others require ongoing treatment such as speech therapy or dentist care.
While most birth defects are not preventable, taking a prenatal vitamin containing folate Iodine, iron and iodine can aid in reducing the risk of certain congenital conditions. Smoking and illegal drug abuse can also increase the risk of certain genetic diseases. Maternal-fetal medicine specialists and genetic counselors can assist with screening to determine the likelihood of a certain condition recurring.
If an OB/GYN does not provide the same standard of care as other OB/GYNs in similar situations, it could be considered to be a case of malpractice. To prove obstetrical neglect you must demonstrate that the doctor deviated from normal practice and that the deviation resulted in injury or harm for the mother or child.