10 Misconceptions Your Boss Shares Regarding Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a baby can be one of the most exciting and joyful events. Pregnancy and delivery are not without risk.
A OB-GYN lawyer can help you to understand and submit a successful claim. You'll need to prove the following: breach, duty, causation and damages.
Incorrect diagnosis and inability to diagnose
One of the most prevalent types of OB-GYN malpractices is the failure to recognize the condition that could result in potentially grave consequences for mother and baby. If a doctor does not recognize early warning signs like preeclampsia or gestational diabetes, the patient could suffer from permanent damage as also emotional and financial stress.
Incorrect interpretation of diagnostic tests such as ultrasounds or mammograms is a different type of obstetric malpractice. These mistakes can lead to anxiety and stress, or lead to incorrect treatment decisions. In some cases the negligence of a gynecologist may cause surgical complications or even severe injuries such as strokes or hematomas.
Surgery errors during a hysterectomy, or a cesarean section, are another reason that is frequently the source of OB/GYN malpractice claims. Whether the error is caused by a poor surgical technique, failure to appropriately manage postoperative care or even the wrong interpretation of test results, this type of negligence could result in serious injuries to the patient.
Medical malpractice cases are complex and require the expertise of an expert OB-GYN lawyer injury near me. A skilled attorney can help by analyzing the medical records, identifying the liable parties, and ensuring the claim is filed in accordance with the applicable laws.
The most popular legal argument for OB-GYN malpractice claims is negligence. A doctor can be held responsible for malpractice if she deviates from the standard of care that a competent professional would have offered in similar circumstances, and the deviation causes harm to patients. Expert testimony and medical evidence are required to establish that an OB/GYN was acting in a negligent way during the course of her work. Depending on the extent of the malpractice alleged the patient could be entitled to compensatory damages such as medical expenses, emotional trauma, lost income, and punitive damages designed to punish medical professionals who were responsible for their indefensible actions.
Birth Injury
Throughout the pregnancy and birthing process, mothers are heavily dependent on the recommendations and treatment provided by their OB/GYN doctors. Unfortunately, unforeseen complications that arise during childbirth could occur. Obstetricians are prone to make mistakes that result in injury attorneys near me to mother or child when complications arise. In the most serious cases the medical negligence could result in the death of a baby or mother.
Physical birth injuries can range from a minor tear in the perineum to injuries to the pelvic nervous system, called pudendal neuropathy, which causes long-term pain in the vaginal area and the rectum. The most grave physical birth injuries are spinal cord injuries. These can range from minor bruises to complete spinal cord tears. These injuries are often caused by the incorrect use of vacuum extractors or forceps which cause the doctor to twist the fetus' head during the delivery.
Shoulder dystocia can lead to an injury to the spinal cord. This is caused when the baby's head becomes stuck in the birth canal. Spinal cord injuries can also be caused by Erb's palsy or brachial plexus injury attorneys near me, which affects the nerves that run through the arms and hands.
It is common for women to experience psychological or emotional traumas during labor and birth, in addition to physical injuries. These types of injuries are extremely distressing and can cause feelings of anxiety or fear, nightmares, flashbacks, or difficulty sleeping. Women who suffer psychological or emotional injuries - also known as birth trauma - may be entitled compensation. Compensation damages can be given to cover medical expenses as well as lost wages, rehabilitation, therapy, and replacement services. In cases of wrongful death punitive damages can be awarded to punish the defendant and deter similar behavior in the future.
Failure to perform C-Sections
There are occasions 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 a baby too big to fit through the vagina, or into breech, or other serious medical conditions may necessitate an immediate C-section. In the event of a delay in performing a C-section, in such circumstances could result in serious injuries, and possibly even death.
Surgical errors involving gynecological operations like hysterectomies, or cesarean sections, are a common cause of malpractice claims against OBGYNs. These errors could be the result of poor surgical technique, improper planning, or failure to follow up on treatment plans. These errors could also be due to not informing patients about the risks involved with a particular procedure, or making mistakes in the interpretation of diagnostic test results.
Obstetricians and gynecologists have the responsibility of monitoring the health of a woman's pregnancy and all processes associated with caring for the fetus and the mother, up to the time of delivery. If they do not meet the standards of care, and an good injury lawyers near me is incurred in the process, it could be considered medical malpractice.
If you or your child believes that you have been injured due to an OB/GYN mistake you should seek out an experienced New York City OBGYN negligence attorney right away. A birth injury lawyer injury near me can assist you in exercising your rights and get the compensation you deserve. Contact Brown Trial Firm today to arrange a free consultation. Our lawyers have a wealth of experience in cases involving obstetrical malpractice and will fight to hold the accountable parties for their actions. You can rest assured that we will provide you with the Best injury lawyers (nerdgaming.Science) legal representation.
Uterine Rupture
Uterine rupture during childbirth is among the most serious complications. If doctors are not able to diagnose and deliver a baby before the uterus ruptures, both the mother and the baby will be at risk of sustaining complications.
Doctors are required to be vigilant and be on the lookout for indications of uterine rupture which can be characterized by vaginal bleeding, pain and a change 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 an emergency.
In the event of uterine rupturing the fetus or placenta can extrude through the tear. This puts the fetus in immediate risk of oxygen deprivation. Hypoxia can lead to serious brain injuries, such as hypoxic ischemic disorder (HIE) and cerebral palsy. If medical professionals fail to recognize the signs of a ruptured uterus, and fail to immediately begin labor, the baby could suffer brain injuries related to hypoxia or even die.
The uterus may rupture spontaneously without the presence of any predisposing factors in early pregnancy. It is often difficult to identify because the symptoms and signs are nonspecific and can easily be misinterpreted as other conditions, including abdominal pain, uterine fibroids, or vaginal bleeding. A doctor's index for suspicion of ruptured uterine tissue should be high, because the result could be catastrophic.
It is estimated that six percent of babies don't survive the rupture of the uterus. The odds of survival are significantly increased if the uterus is diagnosed and delivered within 30 minutes. Obstetricians should be attentive to the patient's medical history and closely observe her.
Birth Defects
About 1 out of 33 babies in the United States is born with birth defects. These birth defects can be minor or severe, and can affect the baby's appearance, organ function, and physical and mental growth. They may also cause health complications or even death if they are not treated during utero. Ultrasounds with high resolution are able to detect various birth defects that can occur during pregnancy. Other testing options like amniocentesis, and blood tests, might be available.
Some birth defects can be diagnosed immediately after a baby is born like cleft lips or cleft palate. However, other issues may be discovered later in life in adulthood or during childhood, such as scoliosis or learning disabilities. Some of these can be treated by surgery, such as the repair of cleft palate and cleft lip and others might require ongoing treatment, such as dental therapy or speech therapy.
Although the majority of birth defects cannot be prevented taking a prenatal multivitamin that contains folate iron, iodine, or folate can help reduce the risk of congenital disorders. Smoking and using illegal drugs greatly increase the risk of certain genetic abnormalities. Genetic counselors and specialists for mothers-to-be can help with screening to determine if a condition is likely to recur.
An OB-GYN's specific actions or omissions during pregnancy and childbirth can constitute malpractice if they fall below the standard of care other OB/GYNs would provide under similar circumstances. The key to proving obstetrical negligence is showing that the doctor departed from the standard of care and that the deviation resulted in injury or harm to the mother or baby.