15 Reasons You Shouldn t Be Ignoring Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a child is among the most awaited and joyous moments in our lives. However pregnancy and the birth process can be risky.
An OB-GYN malpractice lawyer can help you understand your rights and file a claim that is successful. You must show the following the following: duty breach, causation, and damages.
The wrong diagnosis or the inability to diagnose
One of the most common types of OB-GYN malpractices is the inability to diagnose a condition that could have potentially grave consequences for both mother and baby. If a doctor does not recognize early warning signs, such as gestational diabetes or preeclampsia the patient could suffer from permanent damage, as in addition to emotional and financial stress.
Another common type of obstetrical error is the incorrect interpretation of diagnostic tests like mammograms or ultrasounds. These errors can cause anxiety and stress, or lead to incorrect treatment decisions. In some cases an obstetrician's error could cause surgical complications or even severe 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. The error could be caused due to poor surgical technique, failure to properly manage postoperative care or even a misinterpretation of the results of tests, this type of negligence can cause serious injuries for the patient.
Medical malpractice cases are a bit more complicated and require the assistance of an expert OB-GYN lawyer. A competent attorney can aid by analyzing the medical records, identifying the responsible parties, and ensuring that the claim is filed in accordance with applicable laws.
The most common legal theory for OB-GYN claims of malpractice is negligence. A doctor can be held accountable for malpractice if he or she deviates from the standard of care that a competent professional would provide in similar circumstances and the deviation causes harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent way during the course of his practice. Depending on the extent of the alleged misconduct an individual patient may be entitled to compensatory damages such as medical bills, loss of income, emotional trauma, and punitive damages designed to punish medical professionals involved for their reckless actions.
Birth Injury
Throughout the pregnancy and birthing process, mothers are heavily dependent on the advice and treatment from their OB/GYN doctors. Unexpected complications can happen during childbirth. Obstetricians are prone to make mistakes that cause injuries to the mother or child when complications arise. In the worst cases of medical negligence, a mother or baby could suffer a fatal injury.
Physical birth injuries may range from a minor tear in the perineum to damage to the pelvic nervous system, known as pudendal nerve which can cause long-term pain in the vaginal area and the rectum. The most grave physical birth injuries are spinal cord injuries. They can range from minor bruises, to complete spinal cord tears. They can be caused by improper use of vacuum extractors or forceps which cause the doctor to stretch or compress the head of the fetus during the delivery.
Shoulder dystocia may also cause an injury claims lawyers to the spine. This is caused when the baby's head gets stuck in the birth canal. Erb's plexus and brachial injuries that affect the nerves in the arms and hands, are also common causes of spinal good injury lawyers near me.
It is common for women to experience emotional or psychological injuries during labor and delivery, in addition to physical injuries. These types of injuries can be incredibly distressing, causing feelings of anxiety or fear, nightmares, flashbacks or trouble sleeping. Women who have suffered emotional or psychological injuries - also known as birth trauma - may be entitled to compensation. Compensation damages are granted to cover medical costs, lost wages, rehabilitation, therapy and replacement services. In cases of wrongful death the punitive damages could be awarded to punish the offender and discourage similar behaviour in the future.
Failure to perform C-Sections
There are times in a birth room where C-sections are required in an emergency to ensure the safety of both mother and baby. A fibroid blocking the birth canal, a pelvic fracture, a baby who is too big to fit through the vagina or in the breech position, as well as other serious medical conditions may necessitate an immediate C-section. In the event of a delay in performing a C-section, in these situations could lead to severe injuries and potentially even death.
The gynecological procedure that is prone to errors like hysterectomies or cesarean sections are a frequent reason for malpractice lawsuits against OBGYNs. The errors may be a result of inadequate surgical technique, insufficient planning or failure to follow-up on treatment plans. These errors could also be due to not informing patients about the risks associated with a specific procedure or making mistakes in the interpretation of diagnostic test results.
A gynecologist or obstetrician has the responsibility of monitoring the health of a woman during pregnancy and in all the processes associated with caring for her, the fetus and the mother until the moment of delivery. If they fail to uphold the standard of care and an injury occurs, it can be considered a form of medical malpractice.
If you or your child believe that you've suffered injury due to an OB/GYN mistake you should seek out an experienced New York City OBGYN negligence attorney injury lawyer right away. A dedicated birth injury lawyer will help you exercise your rights and obtain the full compensation you deserve. To learn more, call Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have extensive experience with obstetrical malpractice cases and will fight to hold responsible parties accountable for their actions. You can rest assured that we will provide you with the best possible legal representation.
Uterine Rupture
Uterine rupture during childbirth is one of the most serious complications. If doctors are not able to diagnose and birth an infant before the uterus ruptures, both the mother and baby will be at risk of sustaining complications.
Doctors must be vigilant in identifying symptoms of rupture of the uterus. These include pain, bleeding from the vaginal region, and a change to the heartbeat pattern of the fetus during labor. They must be prepared to perform an emergency C-section in the event that these signs appear.
In the event of uterine rupture, the fetus or placenta could protrude through the tear. This puts the fetus at the risk of being oxygen deficient. Hypoxia can cause serious brain injuries, such as cerebral palsy and hypoxic-ischemic encephalopathy. If medical professionals fail recognize the signs of a ruptured uterus, and do not immediately begin labor the baby may be afflicted with hypoxia-related brain injuries, or even die.
The uterus may rupture spontaneously in early pregnancy without any predisposing factors. It is often difficult to diagnose because the symptoms and signs are nonspecific and can easily be mistaken for other conditions, like abdominal pain, uterine fibroids or vaginal bleeding. The doctor's suspicion index of ruptured uterine tissue should be high, as the outcome could be devastating.
It is estimated that 6 percent of babies do not survive uterine rupture. The odds of survival are significantly increased if the uterus is diagnosed and delivered within 30 minutes. This is why it is essential for obstetricians and gynecologists to pay close attention to the history of a patient and follow her closely.
Birth Defects
One of 33 babies born in the United States is born with a birth defect. These can range from minor to extreme and impact the appearance, organ function and mental and physical development of the baby. If not treated in utero they can cause serious health problems or even death. Ultrasounds with high resolution are able to detect many types of birth defects during pregnancy. Other options for testing like amniocentesis or blood tests, might be available.
Certain birth defects, such as the cleft palate or cleft lips can be identified immediately after the baby is born. Other conditions, such scoliosis and learning disabilities, might not be identified until later in life or after adulthood. Some of these conditions can be corrected surgically, such as cleft palate or lip repairs, whereas others require ongoing care such as dental therapy or speech therapy.
While most birth defects cannot be prevented, taking a prenatal multivitamin with folate iron, iodine, or folate can help lower the risk of congenital diseases. In addition, smoking and illegal drug use greatly increase the risk of certain genetic anomalies. Genetic counselors can help with screening to determine the chance of a specific condition recurring.
If an OB/GYN is unable to offer the same standard of care as other OB/GYNs in similar situations, it could be considered to be a case of as malpractice. The only way to prove negligence in obstetrics is to show that the doctor departed from the norm of care and this deviation caused harm or injury to the baby or mother.