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OB-GYN Malpractice

The birth of a baby is one of the most awaited and joyful occasions in the world. Pregnancy and delivery can be dangerous.

A lawyer for OB-GYN can help you understand and file a successful claim. You'll need to prove the following: duty, breach causation, damages and breach.

Incorrect diagnosis and inability to diagnose

One of the most common kinds of OB-GYN errors is the inability to diagnose an issue that could lead to potentially grave consequences for both mother and child. If a medical professional is unable to recognize early warning signs, such as preeclampsia and gestational diabetic patients may be left with permanent injuries and also financial or emotional strain.

Another form of obstetrical error is the misinterpretation of diagnostic tests, such as mammograms or ultrasounds. These mistakes can cause excessive anxiety and/or wrong treatment decisions. In some cases the negligence of a gynecologist can lead to surgical complications, or even grave injuries like strokes or hematomas.

Surgical errors during a hysterectomy, or a cesarean section, are another frequent cause of OB/GYN malpractice suits. Whether the error is caused by a poor surgical technique, failure to properly manage postoperative care, or even a misinterpretation of test results, this kind of negligence can lead to serious injuries for the patient.

Medical malpractice cases are a bit more complicated and require the expertise of a skilled OB-GYN lawyer. A skilled attorney can help by analyzing the medical records, identifying the responsible parties, and making sure the claim is filed in accordance with applicable laws.

The most commonly used legal basis for 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 this deviation causes harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent manner throughout the course of his practice. In the event of the medical malpractice alleged the patient could be entitled to damages in compensation, including medical expenses, loss of income, emotional trauma and punitive damages to punish medical professionals for their egregious actions.

birth injury lawyer fees Injury

Throughout the pregnancy and birthing process, mothers are largely dependent on the advice and treatment from 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 occur. In the worst cases of medical error, a mother or baby can die.

Physical birth injuries can range from a small tear in the perineum to damage 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 tears. They are often caused by the improper use of vacuum extractors or forceps which can cause the doctor to turn or compress the fetus' head during delivery.

Shoulder dystocia can also cause an injury to the spine. This is when the baby's head becomes stuck in the birth canal. Erb's palsy and brachial-plexus injuries that affect the nerves in the arms and hands, are also common causes of spinal cord injury.

In addition to physical birth injury lawsuit injuries, it is also common for women who go through labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be very painful, causing feelings of anxiety or flashbacks, nightmares, or trouble sleeping. Women who have suffered emotional or psychological injuries - sometimes called birth trauma - could be entitled compensation. Compensatory damages may be awarded to cover medical bills as well as lost wages, therapy and rehabilitation and replacement services. In cases of wrongful deaths, punitive damages can be awarded as a punishment for the defendant, and to deter future similar conduct.

Failure to Perform a C-Section

In the delivery room, an emergency C section could be required to ensure mother and baby's safety. A fibroid that blocks the birth canal, pelvic fractures, a baby too big to fit through the vagina, or into breech, and other serious medical conditions may require an immediate C section. Failing to perform a C-section in these situations could lead to severe injuries and even death.

Surgical errors involving gynecological procedures such as hysterectomies and cesarean sections are the most common reason for malpractice lawsuits against OB-GYNs. These mistakes can be caused by poor surgical techniques, inadequate planning or inability to follow treatment plans. It could also be due to an inability to inform patients of the risks associated with a procedure or misinterpreting diagnostic tests.

Obstetricians and gynecologists have a responsibility to monitor a woman's health during pregnancy and in all the processes associated in caring for the fetus and the mother until the moment of delivery. If they do not meet the standards of care and an injury occurs, it can be viewed as a type of medical malpractice.

If you or your child believe that you've been injured because of an OB/GYN error, you should consult an experienced New York City OBGYN negligence attorney right away. A dedicated birth injury lawyer can assist you in exercising your rights and receive the full amount you're due. To learn more, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers have extensive knowledge of cases involving obstetrical negligence and will fight for the parties responsible to be held accountable. You can be confident that we will provide you with the most effective legal representation.

Uterine Rupture

Uterine rupture is among the more serious complications during birth. If doctors are unable to diagnose and deliver an infant before the uterus ruptures, both the mother and baby will be at risk of life-threatening complications.

Doctors should be alert in finding indications of rupture of the uterus. These include bleeding from the vaginal region, and a change to the heart tone pattern of the fetus during labor. They must be prepared to perform an emergency C-section if these signs appear.

In the case of rupture in the uterus, the fetus and placenta could protrude from the tear in the wall of the uterus. The fetus immediately is at risk of oxygen deprivation. Hypoxia can result in severe brain injuries like hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to spot the symptoms of uterine rupture and then immediately begin the delivery process the baby could suffer from hypoxia-related brain injuries or even die.

The uterus can rupture on its own without the presence of predisposing factors in early pregnancy. It can be difficult to identify uterine rupture due to the fact that the symptoms and signs are not specific. It is easy to be confused with other conditions, such as abdominal discomfort, uterine fibroids or vaginal blood. In addition, the doctor's suspicion index for rupture of the uterus must be high since the result could be catastrophic.

It is estimated that 6 percent of babies don't survive ruptured uterine tubes. The chances of survival are dramatically increased if the uterus is able to be detected and delivered in less than 30 minutes. This is the reason it is crucial for obstetricians and gynecologists to pay close attention to a patient's history and closely monitor her.

Birth Defects

In the United States, approximately 1 out of 33 babies is born with a congenital defect. These birth injury settlement amount defects can be severe or minor, and affect the baby's appearance, organ function, and physical and mental growth. They could also cause health issues or even death if not treated early in the uterus. Many types of birth defects can be identified by using high-resolution ultrasounds during pregnancy, whereas more in-depth testing options such as amniocentesis (taking an amniotic fluid) and blood tests could also be available to detect certain conditions.

Certain birth defects, such as Cleft palates or cleft lips, can be detected immediately when the baby is born. Other conditions, such learning disabilities and scoliosis may not be discovered until later in life or after adulthood. Some of these can be treated through surgery, including repairs to the cleft lip and palate, while others may require ongoing treatment, such as speech therapy or dental care.

While most birth defects cannot be prevented taking a prenatal multivitamin containing folate, iron, and iodine can reduce the risk of congenital disorders. Smoking and using illegal drugs greatly increase the chance of developing certain genetic anomalies. Genetic counselors and maternal-fetal specialists can assist with screening to determine if an issue is likely to return.

An OB-GYN's actions or omissions in a childbirth or pregnancy could be considered negligence if they fall short of the standard of care that other OB/GYNs offer under similar circumstances. The only way 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 mother or baby.