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OB-GYN Malpractice

The birth of a child can be one of the most exciting and joyful events. Pregnancy and birth are not without risk.

An OB-GYN malpractice lawyer will help you understand your rights and file a successful claim. You will need to show 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 mistakes is the failure of a doctor to diagnose an illness that could have grave consequences for mother and child. If a medical professional fails to recognize early warning signs such as gestational diabetes or preeclampsia, the patient could suffer permanent harm, as well as financial and emotional strain.

Misinterpretation of diagnostic tests, such as ultrasounds or mammograms is a different type of medical malpractice in the obstetric field. These errors can result in excessive anxiety and/or incorrect treatment decisions. In some instances the negligence of a gynecologist can lead to surgical complications, or even grave injuries like strokes or hematomas.

Surgery errors during a hysterectomy or a cesarean section are another common cause of OB/GYN malpractice claims. Whether the error is caused due to poor surgical technique, a failure to properly manage postoperative care, or even a misinterpretation of the results of tests, this type of negligence could result in serious injuries to the patient.

Medical malpractice cases are complex and require the services of an experienced OB-GYN attorney. A skilled attorney can help by analyzing the medical records, identifying liable parties, and ensuring that the claim is filed in accordance with the applicable laws.

The principle legal basis behind the OB-GYN malpractice claims is negligence. A doctor can be held liable for malpractice if they deviate from the standard of care that a competent health professional would have offered under similar circumstances, and this 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 her practice. Based on the severity of the alleged malpractice an individual patient may be entitled to compensation damages, including medical bills, loss of income emotional trauma, and punitive damages designed to punish medical professionals for their egregious actions.

Birth Injury

Throughout pregnancy and the birthing process, mothers are highly dependent on the advice and treatment from their OB/GYN doctors. Unexpected complications can happen during childbirth negligence lawyer. Obstetricians may make mistakes that cause injury to mother or child when complications arise. In the worst case, this medical negligence can cause the death of a baby or mother.

Physical licensed birth injury attorneys injuries can range from a small tear in the perineum to injuries to the pelvic nervous system, known as pudendal nerve which can cause long-term discomfort in the vaginal region and the rectum. The most severe of physical birth injuries are spinal cord injuries that can range in severity from mild bruises to complete spinal cord tears. These injuries can be caused by the incorrect use of vacuum extractors or forceps that cause the doctor to twist the fetus’ head during delivery.

Shoulder dystocia, a condition where the baby's head is stuck in the birth canal during the delivery, can also cause injuries to the spinal cord. The injuries to the spinal cord can be caused by Erb's Palsy or brachial plexus lawyer-plexus injuries, which affects the nerves in the hands and arms.

It is normal for women to suffer emotional or psychological injuries during labor and delivery in addition to physical injuries. These types of injuries can be very painful, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered emotional or psychological injuries often referred to as birth trauma, could be entitled to compensation. Compensation damages can be awarded to cover medical expenses as well as lost wages, therapy, rehabilitation, and replacement services. In the case of unjustified deaths, punitive damages can be awarded as a form of punishment for the defendant and to deter future behavior similar to the one that occurred.

Failure to perform C-Sections

There are occasions in a birth room where an emergency C-section is necessary to ensure the safety of both mother and baby. A fibroid that blocks the dedicated birth injury lawyer canal, pelvic fractures a baby too big to fit through the vagina, or into breech, and other serious medical conditions can require a prompt C-section. In the event of a delay in performing a C-section, in such situations could result in serious injuries and even death.

The gynecological procedure that is prone to errors like hysterectomies and Cesarean sections are a common reason for malpractice lawsuits against OB-GYNs. These mistakes can be caused by poor surgical techniques, inadequate planning, or inability to execute treatment plans. They could also be due to an inability to inform patients of the risks involved with the procedure or misinterpreting the results of diagnostic tests.

Obstetricians and gynecologists have a responsibility to monitor the health of a woman during pregnancy and all processes involved with caring for her, the fetus, and the mother, up to the moment of delivery. In the event that they do not meet this standard of care, and a recurrence of injury occurs as a result it could be regarded as medical malpractice.

If you believe that you or your child was injured due to an OB-GYN mistake it is crucial to speak with an expert 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 are well-versed of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can be assured that we will offer the best possible legal representation.

Uterine Rupture

Uterine rupture during childbirth is one of the most serious complications. If doctors fail to recognize and deliver the baby before the uterus ruptures, both the mother and the baby are at risk of serious complications.

Doctors are required to be alert and be on the lookout for indications of uterine rupture which can be characterized by bleeding from the vagina and an alteration in the pattern of fetal heartbeats during labor. If they notice any of these signs, they should be prepared to perform a C-section in the event of an emergency.

In the case of rupture in the uterus the placenta and fetus could protrude from the tear in the uterus wall. This puts the fetus at the risk of being oxygen deficient. Hypoxia can result in severe brain injuries such as hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to recognize the signs of uterine rupture and immediately initiate delivery the baby may suffer from hypoxia-related brain injuries or even die.

The uterus can rupture on its own without the presence of any predisposing factors in early pregnancy. It is often difficult to diagnose uterine rupture due to the fact that the symptoms and signs are nonspecific. It is easy to get confused with other conditions like abdominal discomfort, uterine fibroids or vaginal blood. A doctor's index for suspicion of uterine rupture should be high, because the outcome can be disastrous.

Six percent of babies are thought to die due to ruptured uterus. The chances of survival increase dramatically when the uterus is discovered 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

In the United States, approximately 1 in 33 babies is born with a congenital defect. They can vary from minor to severe and impact the appearance, organ function and physical and mental development of the baby. They could also cause health problems or even death if treated during utero. Many types of birth injury legal options defects can be detected by using high-resolution ultrasounds during pregnancy, whereas more in-depth testing options like amniocentesis (taking a sample of amniotic fluid) and blood tests may also be available to determine certain conditions.

Certain birth defects can be diagnosed right after a baby is born, such as cleft lip or cleft palate, while other conditions may only be discovered later in adulthood or during childhood like scoliosis or learning disabilities. Some of these conditions can be treated surgically, like cleft palate and lip repairs, whereas others require ongoing treatment like speech therapy or dentist care.

While the majority of birth injury legal professional defects cannot be prevented by taking a prenatal vitamin containing folate, iodine and iron can aid in reducing the risk of developing certain congenital disorders. Smoking and using illegal drugs can also increase the risk of developing certain genetic conditions. Genetic counselors can assist in screening to determine the possibility of a particular condition reoccurring.

A specific OB-GYN's actions or omissions during childbirth or pregnancy can be considered negligence if they do not meet the standard of care that other OB/GYNs offer under similar circumstances. The most important thing to prove the negligence of an obstetrician is to prove that the physician deviated from the standards of care and that this deviation caused injury or harm to the baby or mother.