5 Things That Everyone Is Misinformed About About Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a child is among the most awaited and joyous moments in our lives. However, pregnancy and the delivery process can be a risk.
A lawyer for OB-GYN can help you understand and submit a successful claim. You will need to show the following: breach of duty, breach of duty, causation and damages.
Incorrect diagnosis and failure to diagnose
One of the most prevalent types of OB-GYN malpractices is the inability to diagnose the condition that could result in potentially grave consequences for both mother and child. If a medical professional fails to recognize early warning signs such as gestational diabetes or preeclampsia the patient could suffer from permanent damage as in addition to emotional and financial strain.
Another common type of obstetric malpractice is the incorrect interpretation of diagnostic tests such as mammograms and ultrasounds. These mistakes can cause anxiety and stress, or lead to incorrect treatment decisions. In some cases an obstetrician's error could lead to surgical complications or even severe 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. If the error is caused by poor surgical technique, a failure to properly manage postoperative care, or even the wrong interpretation of test results, this kind of negligence can cause serious injuries for the patient.
Medical malpractice cases can be complex and require the assistance of an experienced OB-GYN lawyer. An experienced attorney can assist by conducting a thorough review of medical records, identifying the responsible parties and ensuring that the claim is filed in compliance with applicable laws.
The most common legal theory for OB-GYN claims of malpractice is negligence. A doctor may be held accountable for malpractice if she deviates from the standard of health care that a reasonably competent professional would have offered in similar circumstances and the deviation causes harm to patients. Finding out if an OB-GYN has acted negligently during their work requires a careful examination of medical evidence and evidence from experts. Based on the severity of the alleged misconduct an individual patient may be entitled to compensatory damages including medical bills and lost income, emotional trauma, and punitive damages designed to punish the medical professionals involved for their egregious actions.
Birth Injury
Throughout the pregnancy and birthing process, mothers are largely dependent on the recommendations and treatment provided by their OB/GYN doctors. Unexpected complications can arise during childbirth. If they do, it is possible for an obstetrician to make a mistake that results in injury to the mother or baby. In the worst cases the medical negligence could result in the death of a child or mother.
Physical birth injuries range from a minor perineal tear to damage to pelvic nerves, known as pudendal neuralgia that causes chronic pain in the vagina and rectum (perineum). The most serious physical birth injuries are spinal cord injuries, which can range in severity from mild bruises to complete spinal cord tears. These injuries are often caused by the improper use of forceps or vacuum extractors which cause the doctor to twist the fetus' head during delivery.
Shoulder dystocia may also lead to a spinal injury. This happens when the baby's head is stuck in the birth canal. Erb's palsy and brachial-plexus injuries, which affect the nerves in the arms and hands are also common causes of spinal cord injury.
In addition to physical birth injuries, it is also common for women who undergo labor and delivery to suffer psychological or emotional injuries. These types of injuries can be extremely troubling, causing feelings anxiety or anxiety, nightmares, flashbacks or trouble sleeping. Women who suffer psychological or emotional injuries - often referred to as birth trauma - could be entitled compensation. Compensation can be awarded to pay medical bills as well as lost wages, rehabilitation and therapy, as well as replacement services. In the event of unjustified deaths, punitive damage may be awarded as a form of punishment for the defendant and to discourage future behavior similar to the one that occurred.
Failure to perform C-Sections
In the birth room in the delivery room, an emergency C-section could be required to ensure both 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 breech, and other serious medical issues may require a prompt C-section. In these cases, failing to perform a C section may result in serious injuries or even death.
Gynecological errors that involve surgical errors like hysterectomies and Cesarean sections are a common cause of malpractice lawsuits against OB-GYNs. These errors could be the result of poor surgical techniques, poor planning, or inability to execute treatment plans. These mistakes could also result from failing to inform patients of the risks involved with a particular procedure, or making mistakes in the interpretation of diagnostic test results.
A gynecologist or obstetrician has the obligation of monitoring a woman's health during pregnancy and all processes involved in taking care of the fetus and the mother up until the time of delivery. In the event that they fail to meet the standards of care and a recurrence of injury occurs due to this it could be deemed medical malpractice.
If you or your child believe that you have been injured because of an OB/GYN error You should speak with an experienced New York City OBGYN negligence attorney as soon as possible. A skilled birth injury attorney can assist you in exercising your rights and get the full amount you're due. To learn more, call Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers are well-versed of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can be sure that we will give you the best legal representation.
Uterine Rupture
Uterine rupture is among the most serious complications that can occur during birth. If doctors are unable to quickly diagnose and birth the baby before the uterus ruptures both the mother and baby will be at risk of life-threatening complications.
Doctors must be on guard when identifying symptoms of rupture of the uterus. This includes bleeding from the vaginal region and a change in the pattern of heart tones of the fetus during labor. If any of these signs are evident, they should be prepared to perform a C-section during an emergency.
In medical negligence lawyers accidentinjurylawyers of uterine rupturing the fetus or placenta may protrude from the tear. This puts the fetus in immediate risk of deprivation of oxygen. Hypoxia can result in severe brain injuries such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail recognize the signs of a ruptured uterus, and fail to 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 can be difficult to diagnose because the signs and symptoms are not specific and could easily be misinterpreted as other conditions, like abdominal pain, uterine fibroids or vaginal bleeding. The index of a doctor for suspicion of uterine rupture should be high, since the outcome can be disastrous.
Six percent of babies are thought to die from ruptured uterus. The odds of survival increase dramatically if the uterus is diagnosed and delivered within 30 minutes. This is the reason it is crucial for obstetricians to pay careful at the patient's history and monitor her closely.
Birth Defects
One in 33 babies in the United States is born with birth defects. These birth defects can be mild or severe and can affect the baby's appearance, organ function, and mental and physical development. If they are not treated early in the uterus, they can also cause serious health problems or even death. A variety of birth defects can be identified with high-resolution ultrasounds in pregnancy, while more in-depth testing options like amniocentesis (taking an amniotic fluid) and blood tests may also be available to determine certain conditions.
Certain birth defects, such as Cleft palates or cleft lips, can be detected immediately after the baby's birth. Other conditions, like learning disabilities and scoliosis may not be discovered until later in life or after adulthood. Certain of these conditions can be fixed by surgery, such as repairs to the cleft lip and palate, while others may require ongoing treatment, like speech therapy or dental care.
Although most birth defects aren't preventable, taking a prenatal vitamin that contains folate, iodine and iron may reduce the risk of certain congenital conditions. Smoking and using illegal drugs can also increase the chance of developing certain genetic conditions. Maternal-fetal medicine specialists and genetic counselors can help with screening to determine the possibility of a certain condition recurring.
An OB-GYN's actions or omissions in a childbirth or pregnancy could be considered malpractice if they fall below the standard of care other OB/GYNs offer under similar circumstances. The most important thing to prove the negligence of an obstetrician is to prove that the doctor departed from the norm of care and that this deviation caused injury or harm to the mother or baby.