20 Resources That Will Make You More Efficient With Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a baby is one of the most awaited and joyous moments in our lives. However, pregnancy and the delivery process can be a risk.
An OB-GYN lawyer can assist you understand and file a successful claim. You must demonstrate the following the following: duty breach, causation, and damages.
Incorrect diagnosis or failure to diagnose
One of the most frequent types of OB-GYN malpractice is the failure to recognize a condition that could have potentially grave consequences for mother and baby. If a doctor fails to recognize early warning signs, such as preeclampsia and gestational diabetic, the patient may suffer permanent damage and also emotional or financial strain.
Another common type of obstetrical malpractice is the incorrect interpretation of diagnostic tests like ultrasounds or mammograms. These mistakes can lead to anxiety and stress, or lead to incorrect treatment decisions. In some instances, a gynecologist's negligence can cause 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. Whether the error is caused by a poor surgical technique, inability to properly manage postoperative care or even the wrong interpretation 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 expertise of an experienced OB-GYN attorney. A seasoned attorney can assist by conducting a thorough review of medical documents, identifying all responsible parties and making sure that the claim is filed in accordance with the law applicable to it.
The most popular legal guidance for top birth injury lawyers injury (you can check here) argument for OB-GYN malpractice claims is negligence. A doctor can be held accountable for malpractice if they diverge from the standard of care an appropriately competent health care professional would have provided under 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 her practice. Depending on the severity of the malpractice alleged an individual patient may be entitled to compensatory damages including medical expenses and emotional trauma, lost income and punitive damages to punish medical professionals responsible for their reckless actions.
Birth Injuries
During pregnancy and birth injury claim mothers are heavily dependent on the advice and treatment offered by their OB/GYN doctors. Unexpected complications can happen during the birthing process. If they do, it is possible for a obstetrician to make a mistake that causes injuries to the mother or baby. In the worst cases, this medical negligence can lead to the death of a baby or mother.
Physical birth injuries range from a minor perineal tear to damage to pelvic nerves called pudendal neuralgia that results in long-term pain around the vagina and rectum (perineum). The most serious physical birth injuries include spinal cord injuries. These may range from mild bruises, to complete spinal cord tears. They can be caused by improper use of forceps or vacuum extractors, which cause the doctor stretch or compress the head of the fetus during delivery.
Shoulder dystocia, which is a condition that occurs when the baby's head is stuck in the birth canal during the delivery, can also cause a spinal cord injury. 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's also normal for women who go through labor and delivery to suffer emotional or psychological injuries. These kinds of injuries can be extremely distressing and can cause feelings of anxiety, fears flashbacks, nightmares or sleeplessness. Women who have suffered psychological or emotional traumas often referred to as birth injury claim trauma, may be entitled to compensation. Compensatory damages may be awarded to pay medical expenses, lost wages, rehabilitation and therapy as well as replacement services. In the case of wrongful deaths the punitive damages could be awarded to punish the offender and deter similar behavior in the future.
Failure to perform C-Sections
There are instances in a hospital delivery room that C-sections are required in an emergency to ensure the safety of mother and baby. A fibroid that blocks the birth canal, pelvic fractures the baby is too big to fit through the vagina, or in breech, and other serious medical conditions may necessitate an immediate C-section. In such cases, failure to perform a C section may result in serious injuries or 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 errors can be caused by poor surgical techniques, inadequate planning, or inability to execute treatment plans. These errors could also be due to not informing patients of the risks involved with a particular procedure or making mistakes in the interpretation of diagnostic test results.
Obstetricians and gynecologists have a responsibility to monitor the health of a woman's pregnancy and all processes involved in caring for the fetus and the mother up until the time of delivery. If they fail to meet the standards of care, and a recurrence of injury occurs in the process it could be regarded as medical malpractice.
If you or your child believes that you've suffered injury because of an OB/GYN error you should seek out an experienced New York City OBGYN negligence attorney as soon as possible. A birth injury lawyer can help you to exercise your rights and obtain the compensation you deserve. To learn more, call Brown Trial Firm to schedule a free consultation today. Our lawyers are knowledgeable of obstetrical negligence cases and will fight for the parties responsible to be held accountable. You can rest assured that we will provide you with the most effective possible legal representation.
Uterine Rupture
Uterine rupture during childbirth is one of the most serious complications. If doctors are unable to diagnose and deliver an infant before the uterus ruptures both the mother and baby will be at risk of serious complications.
Doctors are required to be alert and be on the lookout for symptoms of uterine rupture which can be characterized by bleeding from the vagina and an alteration in the pattern of the fetal heart's tones 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 event of uterine rupture the placenta or fetus could protrude through the tear. The fetus is immediately at risk of oxygen deprivation. Hypoxia can cause severe brain injuries such as cerebral palsy and hypoxic-ischemic encephalopathy. If medical professionals fail recognize the signs of a ruptured uterus, and don't immediately begin delivery the baby may suffer hypoxia-related brain injuries or even die.
The uterus may rupture on its own during early pregnancy without any predisposing factors. It is usually difficult to recognize because the symptoms and signs are nonspecific and can easily be misinterpreted as other conditions, including abdominal pain, uterine fibroids, or vaginal bleeding. In addition, a doctor's suspicion of rupture of the uterus must be high as the consequences can be devastating.
It is estimated that 6 percent of babies don't survive the rupture of the uterus. The odds of survival increase dramatically when the uterus is identified and delivered within 30 minutes. This is why it is vital for obstetricians to pay close at the patient's history and closely monitor her.
Birth Defects
In the United States, approximately 1 in 33 babies is born with a congenital defect. These may range from minor to extreme and impact the appearance organ function, mental and physical development of the baby. If not addressed in utero they could cause serious health complications or even death. A variety of birth defects can be identified using high-resolution ultrasounds during pregnancy, while more thorough testing options like amniocentesis (taking an amniotic fluid) and blood tests could also be available to detect certain conditions.
Some birth defects, like Cleft palates or cleft lips are easily detected after the baby's birth injury litigation. Other issues, like learning disabilities and scoliosis, might not be identified until later in life or after adulthood. Some of these issues can be treated surgically, like cleft palate and lip repair, while others require ongoing treatment such as speech therapy or dentist care.
Although most birth defects aren't preventable by taking a prenatal vitamin with folate, iodine and iron may aid in reducing the risk of certain congenital disorders. In addition, smoking and illegal drug use greatly increase the chance of developing certain genetic anomalies. Genetic counselors can assist with screening to determine the chance of a particular condition reoccurring.
If an OB/GYN is unable to offer the same standard of care as other OB/GYNs in similar circumstances, it can be considered malpractice. To prove obstetrical neglect you must show that the doctor erred from the standard of care and that this deviation resulted in injury or harm to the mother or child.