9 Signs That You're A Obstetric Malpractice Lawyer Expert
OB-GYN Malpractice
Birth of a child can be one of life's most exciting and joyful events. Pregnancy and delivery can be dangerous.
A OB-GYN lawyer can help you to understand and file a successful claim. You will need to demonstrate the following the following: duty breach as well as causation and damages.
Incorrect diagnosis or failure to diagnose
One of the most common kinds of OB-GYN errors is the failure to recognize the condition that could result in potentially grave consequences for mother and baby. If a medical professional does not recognize early warning signs such as preeclampsia or gestational diabetes, the patient could suffer permanent damage, as also emotional and financial strain.
Incorrect interpretation of diagnostic tests like ultrasounds or mammograms, is another common form of obstetric malpractice. These errors can lead to excessive anxiety and/or incorrect treatment decisions. In some instances the negligence of a gynecologist can cause surgical complications, or even grave injuries, such as hematomas or strokes.
Surgical errors that occur during a hysterectomy or a cesarean section are another frequent reason for OB-GYN malpractice lawsuits. This type of negligence whether caused by poor surgical technique, inability to properly manage postoperative care or even a misinterpretation of results of tests, can cause serious injuries to the patient.
Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. A seasoned attorney can assist by conducting a thorough analysis of medical documents, identifying all responsible parties and ensuring that the claim is filed in compliance the applicable laws.
The most commonly used legal basis for OB-GYN claims of malpractice is negligence. A doctor may be held responsible for malpractice if is not in accordance with the standard of health care that a competent professional would have provided in similar circumstances and the deviation causes harm to a patient. Expert testimony and medical evidence are required to prove that an OB/GYN behaved in a negligent manner throughout the course of his practice. According to the severity of the alleged medical malpractice, a client could be entitled to compensation damages, including medical bills, income loss emotional trauma, and punitive damage designed to punish medical professionals for their inexplicable actions.
Birth Injury
During pregnancy and birth mothers are heavily dependent on the advice and treatment offered by their OB/GYN physicians. Unexpected complications can arise during the birth of a child. When they do, it is possible for an obstetrician to make a mistake that results in injury to the baby or mother. In the worst instances of medical negligence, a mother or baby could suffer a fatal injury.
Physical birth injuries can range from a small tear in the perineum to injuries to the pelvic nervous system, known as pudendal nerve, which causes long-term pain in the vaginal area and the rectum. The most grave physical birth injuries are spinal cord injuries. These can range from mild bruises to complete spinal cord tears. These injuries can result from the improper use of forceps or vacuum extractors that cause the doctor to twist the fetus' head during the delivery.
Shoulder dystocia can also lead to an injury to the spinal cord. This is when the baby's head becomes stuck in the birth canal. Spinal cord injuries can also be caused by Erb's psy or a brachial plexus injury which affects the nerves in the hands and arms.
In addition to physical birth injuries, it is also normal for women who go through labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be very distressing and can lead to feelings of anxiety or fears flashbacks, nightmares or sleeplessness. Women who have suffered these emotional or psychological injuries which are sometimes referred to as birth trauma, could be entitled to compensation. Compensatory damages may be awarded to pay medical expenses as well as lost wages, therapy and rehabilitation and replacement services. In cases of unjustified deaths, punitive damages may be awarded as a retribution for the defendant, and to deter future behavior similar to the one that occurred.
Failure to perform C-Sections
There are times in a hospital delivery room that C-sections in emergency are necessary to ensure the safety of mother and child. A fibroid that blocks the birth canal, pelvic fractures, an infant that is too large to pass through the vagina, or into breech, as well as other serious medical issues may require an immediate C section. In the event of a delay in performing a C-section, in these situations could result in severe injuries and even death.
Surgical errors involving gynecological operations like hysterectomies, or Cesarean sections, are a common cause of malpractice claims against OBGYNs. These mistakes can be caused by poor surgical techniques, inadequate planning or inability to follow treatment plans. birth injury legal professional may also include the failure to inform patients about the risks associated with a procedure or misinterpreting the results of diagnostic tests.
An obstetrician or Gynecologist has a duty to monitor the health of a woman during pregnancy, as well as all processes that are involved in the care of her and the fetus until the time of birth. If they fail to meet that standard of care, and an injury occurs, it can be considered a form of medical malpractice.
If you believe you or your child was harmed due to an OB-GYN mistake it is crucial to speak with an experienced New York City OBGYN malpractice attorney as soon as possible. A birth injury lawyer can assist you in exercising your rights and get the compensation you are entitled to. Contact Brown Trial Firm today to schedule a no-obligation consultation. Our lawyers have years of experience in cases involving obstetrical malpractice and will fight to hold responsible parties accountable for their actions. You can be confident that we will offer the most effective legal representation.
Uterine Rupture
Uterine rupture is among the most serious complications of childbirth. If doctors aren't 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 are required to be vigilant and watch out for signs of uterine rupture, which can be characterized by vaginal bleeding, pain and a change in the pattern of fetal heart tones during labor. They should also be prepared to perform an emergency C-section if these signs occur.
In the event of a ruptured uterine, the fetus and placenta could be released through the the uterus wall. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can lead to severe brain injuries like cerebral palsy and hypoxic ischemic encephalopathy. If medical professionals fail to spot the signs of ruptured uterine and immediately initiate delivery the baby may suffer from hypoxia-related brain injuries or even die.
The uterus may rupture on its own in the early stages of pregnancy, without any predisposing cause. It can be difficult to recognize because the signs and symptoms aren't specific and may easily be misinterpreted as other conditions, such as abdominal pain, uterine fibroids or vaginal bleeding. In addition, the doctor's suspicion index for ruptured uterine musculature must be high because the result could be catastrophic.
Six percent of babies are believed to die from uterine rupture. The chances of survival are greatly increased if the uterus can be detected and delivered within less than 30 minutes. This is why it is essential for obstetricians to pay careful at the patient's history and monitor her closely.
Birth Defects
One of 33 babies born in the United States is born with a birth defect. These birth defects can be minor or severe, and affect the baby's appearance, organ function, and physical and mental growth. They may 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, whereas more in-depth testing options such as amniocentesis (taking samples of amniotic fluid) and blood tests could be used to identify certain conditions.
Some birth defects can be identified immediately after the birth of a baby, such as cleft lip or cleft palate, while other conditions may only be discovered later in life in adulthood or during childhood, such as scoliosis or learning disabilities. Certain of these conditions can be fixed by surgery, such as repairs to the cleft lip and palate while others may require ongoing treatment such as dental therapy or speech therapy.
While most birth defects are not preventable, taking a prenatal vitamin containing folate Iodine, iron and iodine can help lower the risk of developing certain congenital conditions. Smoking and illegal drug abuse also increase the risk of certain genetic conditions. Genetic counselors and specialists for mothers-to-be can help with screening to determine if a problem is likely to return.
An OB-GYN's actions or omissions during childbirth or pregnancy could be considered malpractice if they fall below the standard of care that other OB/GYNs provide in similar circumstances. To prove that obstetrical negligence has occurred, you must demonstrate that the doctor deviated from the standard of care and that this deviation resulted in injury or harm for the mother or child.