9 Signs That You're A Obstetric Malpractice Lawyer Expert
OB-GYN Malpractice
The birth of a child can be one of the most thrilling and exciting experiences. However pregnancy and the birth process can be dangerous.
An OB-GYN malpractice lawyer will help you understand your rights and file a claim that is successful. You must show the following duties breached causation, damages, and breach of duty.
Misdiagnosis and Failure to Diagnose
One of the most frequent types OB-GYN malpractices is the failure of a doctor to diagnose an illness that could have serious consequences for the mother and child. If a medical professional fails detect early warning signs like preeclampsia or gestational diabetic patients may be left with permanent injuries in addition to emotional or financial stress.
Another type of obstetric malpractice is the incorrect interpretation of diagnostic tests, such as ultrasounds or mammograms. These errors can cause unnecessary anxiety or incorrect treatment decisions. In some instances the carelessness of a gynecologist could result in surgical complications and even serious injuries like strokes or hematomas.
The surgical errors that happen during a hysterectomy or cesarean section are another frequent reason for OB-GYN malpractice lawsuits. This kind of negligence, whether it's caused by poor surgical technique, or failure to properly manage postoperative treatment, or even a misinterpretation results of tests, can cause serious injuries to the patient.
Medical malpractice cases are a bit more complicated and require the expertise of an experienced OB-GYN attorney. Accident Injury Lawyers Claims can aid by analyzing the medical records, identifying the liable parties, and ensuring that the claim is filed in accordance with applicable laws.
The principle legal basis behind OB-GYN malpractice claims is negligence. Doctors can be held liable for malpractice if they diverge from the standard of care a competent health care professional would have provided in similar circumstances, and the deviation causes harm to the patient. Expert testimony and medical evidence are required to establish that an OB/GYN behaved in a negligent way during the course of her work. Depending on the severity of the malpractice alleged an individual patient may be entitled to compensatory damages such as medical bills and lost income, emotional trauma, and punitive damages designed to punish medical professionals who were responsible for their egregious actions.
Birth Injury
During pregnancy and the birth mothers are dependent on the advice and treatment provided by their OB/GYN doctors. Unexpected complications can arise during childbirth. When they do, it is possible for an obstetrician make a mistake that results in injuries to the baby or mother. In the most serious cases of medical error, a mother or baby could die.
Physical birth injuries include everything from a minor perineal tear to damage to pelvic nerves called pudendal neuralgia which causes long-term discomfort around the vagina and the rectum (perineum). The most severe of physical birth injuries are spinal cord injuries, which can vary in severity from mild bruises to complete spinal tears. These injuries can result from the improper use of vacuum extractors or forceps which cause the doctor to twist the fetus' head during delivery.
Shoulder dystocia, a condition in which the baby's head is stuck in the birth canal during delivery it can also result in injuries to the spinal cord. Erb's plexus and brachial injuries, which affect the nerves in the arms and hands are also frequent causes of spinal injury.
In addition to physical birth injuries, it is also common for women who go through labor and delivery to suffer psychological or emotional injuries. These kinds of injuries can be very distressing, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered these emotional or psychological injuries which are sometimes called birth trauma, may be entitled to compensation. Compensatory damages may be awarded to pay medical bills as well as lost wages, rehabilitation and therapy, as well as replacement services. In cases of wrongful death, punitive damages may be awarded to punish the offender and deter similar behavior in the future.
Failure to perform a C-Section
In the room where you deliver your baby, an emergency C section could be required to ensure both mother and baby's safety. A fibroid that blocks the birth canal, a pelvic fracture, a baby who is too large to fit through the vagina or the breech position, as well as other serious medical conditions could require an immediate C-section. Failure to perform a C-section in such situations could result in serious injuries, and possibly even death.
The gynecological surgical errors, such as hysterectomies or Cesarean sections, are a common cause of malpractice claims against OB/GYNs. These errors could be the result of poor surgical technique, inadequate planning or failure to follow up on treatment plans. They may also include the failure to inform patients of the risks involved with the procedure or misinterpreting diagnostic tests.
Obstetricians and gynecologists have the responsibility of monitoring the health of a woman's pregnancy and all processes associated in taking care of the fetus and the mother, up to the moment of birth. If they do not meet this standard of care and an injury occurs in the process it could be regarded as medical malpractice.
If you believe you or your child was injured as a result of an OB-GYN error it is crucial to speak with an expert New York City OBGYN malpractice attorney immediately. A birth injury lawyer will help you to exercise your rights and receive the compensation you deserve. Contact Brown Trial Firm today to arrange a free consultation. Our lawyers have years of experience with obstetrical malpractice cases and will fight to hold the accountable parties for their actions. You can rest assured that we will provide you with the best legal representation.
Uterine Rupture
Uterine rupture is one of the most serious complications of childbirth. If doctors are unable to quickly diagnose and deliver an infant before the uterus ruptures both the mother and the baby will be at risk of serious complications.
Doctors must be vigilant in detecting signs of uterine rupture. This includes bleeding from the vaginal area and a change in the pattern of heart tones of the fetus during labor. They should also be prepared to perform an emergency C-section in the event that these signs occur.
In the event of uterine rupture the placenta and fetus may extrude through the the wall of the uterus. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can result in serious brain injuries, such as hypoxic ischemic brain injury (HIE) and cerebral palsy. If medical professionals fail to spot the symptoms of uterine rupture and then immediately begin the delivery process the baby could be afflicted with hypoxia-related brain damage or even die.
The uterus can rupture on its own without the presence of any predisposing factors during pregnancy. It can be difficult to identify because the symptoms and signs are nonspecific and can easily be misinterpreted to mean other conditions, including abdominal pain, uterine fibroids or vaginal bleeding. The doctor's suspicion index of ruptured uterine tissue should be high, since the outcome can be disastrous.
It is estimated that 6 percent of babies die from ruptured uterine tubes. The chances of survival are significantly increased if the uterus can be identified and delivered in less than 30 minutes. This is why it is vital for obstetricians to pay careful attention to the history of a patient and closely monitor her.
Birth Defects
One in 33 babies in the United States is born with birth defects. These may be minor or severe and impact the appearance, organ function and physical and mental development of the infant. If not treated in utero, they can also cause serious health issues or even death. Many birth defects can be identified with high-resolution ultrasounds in pregnancy, while more thorough testing options like amniocentesis (taking a sample of amniotic fluid) and blood tests may also be available to determine certain conditions.
Certain birth defects, such as cleft lips or cleft palettes are easily detected when the baby is born. Other conditions, such learning disabilities and scoliosis, might not be identified until later in childhood or adulthood. Certain of these conditions can be corrected surgically such as cleft palate or lip repairs, while others require ongoing treatment such as speech therapy or dentist care.
While most birth defects cannot be prevented taking a prenatal multivitamin that contains folate iron, iodine, and folate can help reduce the risk of congenital diseases. Smoking and illegal drug abuse also increase the risk of certain genetic conditions. Maternal-fetal medicine specialists and genetic counselors can assist with screening to determine the possibility of a particular condition reoccurring.
An OB-GYN's specific actions or omissions during childbirth or pregnancy could be considered negligence if they do not meet the standard of care other OB/GYNs would provide under similar circumstances. The only way to prove obstetrical negligence is showing that the doctor departed from the standards of care and that this deviation caused harm or injury to the mother or baby.