What Freud Can Teach Us About Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a child is one of the most anticipated and joyful moments in our lives. However, pregnancy and the delivery process can be risky.
An OB-GYN malpractice lawyer will assist you in understanding your rights and file a successful claim. You must prove the following: duty, breach, causation and damages.
Misdiagnosis and Failure to Diagnose
One of the most frequent 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 is unable to recognize early warning signs like preeclampsia or gestational diabetic patients may be left with permanent injuries in addition to emotional or financial stress.
Another common type of obstetrical malpractice is the misinterpretation of diagnostic tests such as mammograms or ultrasounds. These errors can result in unnecessary anxiety or wrong treatment decisions. In some cases the negligence of a gynecologist can even result in surgical complications, and even severe injuries such as strokes or hematomas.
Surgery errors during a hysterectomy or a cesarean section are another frequent cause of OB/GYN malpractice lawsuits. This type of negligence whether it's caused by poor surgical technique, failures to properly manage postoperative care or even a misinterpretation of test results, could cause serious injuries to patients.
Medical malpractice cases can be complex and require the help of an experienced OB-GYN attorney. An experienced attorney can assist in conducting a thorough examination of medical records, identifying all liable parties and ensuring that the claim is filed in accordance the applicable laws.
The most important legal basis for the OB-GYN malpractice claims is negligence. A doctor could be held liable for malpractice if they diverge from the standard of care a reasonably competent health professional would have offered under similar circumstances, and the deviation results in harm to the patient. Expert testimony and medical evidence are required to establish that an OB/GYN acted in a negligent manner throughout the course of his practice. Based on the severity of the alleged misconduct an individual patient may be entitled to compensation such as medical bills as well as loss of income, emotional trauma, and punitive damages designed to punish medical professionals involved for their indefensible actions.
Birth Injuries
When they are pregnant and giving birth, mothers are heavily dependent on the advice and treatment offered by their OB/GYN physicians. Unfortunately, unforeseen complications during childbirth may occur. Obstetricians can make mistakes that result in injuries to the child or mother when complications occur. In the worst cases this kind of medical error could cause the death of a child or mother.
Physical birth injuries can range from a small tear in the perineum to injuries to the pelvic nervous system, also known as pudendal neuropathy that causes chronic pain in the vaginal area and the rectum. The most grave physical birth injuries are spinal cord injuries. These may range from mild bruising up to complete spinal cord tears. These injuries are often caused by the incorrect use of forceps or vacuum extractors, which causes the doctor to turn the fetus' head during the delivery.
Shoulder dystocia may also cause a spinal injury. This is caused when the baby's head gets stuck in the birth canal. Erb's palsy and brachial-plexus injuries which affect nerves in the hands and arms, are also common causes of spinal cord injury law firm.
In addition to physical birth injuries, it is also common for women who go through labor and delivery to suffer emotional or psychological injuries. These types of injuries are very distressing and can lead to feelings of anxiety or fears flashbacks, nightmares or sleeplessness. Women who have suffered emotional or psychological injuries - sometimes called birth trauma - may be entitled compensation. Compensation damages are granted to cover medical costs and Attorneys Injurys lost wages, as well as therapy, rehabilitation and replacement services. In the event of wrongful death the punitive damages could be awarded to punish the offender and discourage similar conduct in the future.
Failure to perform C-Sections
In the room where you deliver your baby in the delivery room, an emergency C-section is often required to ensure mother and baby's safety. A fibroid that blocks the birth canal, pelvic fractures, a baby too big to pass through the vagina, or in breech, and other serious medical conditions may require a prompt C-section. In these cases, failing to perform a C section could cause severe injuries or even death.
Gynecological errors that involve surgery, like hysterectomies and cesarean sections, are a common cause of malpractice claims against OBGYNs. These errors could be caused by poor surgical techniques, poor planning or inability to execute treatment plans. These errors could also be due to not informing patients about the risks associated with a specific procedure or misinterpreting diagnostic test results.
An obstetrician or Gynecologist has a duty to monitor the health of a woman during pregnancy, and the entire process that involve caring for the fetus and her mother until birth. If they fail to meet that standard of care, and an injury lawyers is sustained, it can be considered to be a case of medical malpractice.
If you or your child believe that you've suffered injury due to an OB/GYN error, you should consult an experienced New York City OBGYN negligence attorney injury lawyer as soon as possible. A birth injury lawyer can help you to exercise your rights and obtain the compensation you are entitled to. To learn more, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers are knowledgeable of obstetrical negligence cases, and will fight for the parties responsible to be held accountable. You can be sure that we will provide you with the best possible legal representation.
Uterine Rupture
Uterine rupture is one of the more serious complications during childbirth. If doctors aren't able to quickly diagnose and deliver a baby before the uterus ruptures both the mother and baby are likely to be at risk of serious complications.
Doctors are required to be on guard and be on the lookout for indications of uterine rupture which can be characterized by bleeding from the vagina and a change in the pattern of fetal heart tones during labor. They should also be prepared to perform an emergency C-section if these signs appear.
In the event of a ruptured uterine, the fetus and placenta may extrude through the the uterus wall. The fetus is immediately at risk of deprivation of oxygen. 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 fail to immediately begin delivery the baby may be afflicted with hypoxia-related brain injuries, or even die.
The uterus may rupture spontaneously without the presence of any predisposing factors in early pregnancy. It is usually difficult to recognize because the signs and symptoms aren't specific and may easily be misinterpreted to mean other conditions, like abdominal pain, uterine fibroids or vaginal bleeding. A doctor's index for suspicion of ruptured uterine tissue should be high, because the outcome can be disastrous.
It is estimated that 6 percent of babies don't survive the rupture of the uterus. The chances of survival are greatly enhanced if the uterus can be detected and delivered in less than 30 minutes. Obstetricians should take note of the patient's medical history and closely monitor her.
Birth Defects
One of 33 babies born in the United States is born with birth defects. These defects could be severe or minor, and impact the baby's appearance organ function, appearance, physical and mental growth. They can also lead to health complications or even death if they are not treated in utero. Ultrasounds with high resolution can identify various birth defects that can occur during pregnancy. Other testing options like amniocentesis, and blood tests, may also be available.
Some birth defects, like the cleft palate or cleft lips can be identified immediately after the baby is born. Other conditions, like learning disabilities and scoliosis, are not always discovered until later in adulthood or childhood. Certain of these conditions can be fixed by surgery, such as repairs to the cleft lip and palate while others may require ongoing treatment, such as speech therapy or dental care.
Although most birth defects are not preventable by taking a prenatal vitamin that contains folate Iodine, iron and iodine can aid in reducing the risk of some congenital conditions. Smoking and illicit drug use increase the chance of developing certain genetic disorders. Genetic counselors and specialists for mothers-to-be can assist in screening to determine if an issue is likely to recur.
If an OB/GYN is unable to provide the same level of care that other OB/GYNs provide in similar circumstances, it can be considered malpractice. The most important thing to prove obstetrical negligence is showing that the physician deviated from the standard of care and this deviation resulted in injury or harm to the mother or baby.