20 Tools That Will Make You Better At Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a baby is one of life's most joyous and exciting events. However, pregnancy and the delivery process can be a risk.
An OB-GYN malpractice Lawyer Injury Near Me will assist you in understanding your rights and file a successful claim. You'll need to prove the following: duty, breach, causation and damages.
Misdiagnosis or Failure to Diagnose
One of the most prevalent types of OB-GYN errors is the failure of a doctor in diagnosing an illness that could have serious consequences for mother and child. If a medical professional does not recognize early warning signs like preeclampsia or gestational diabetes, the patient may suffer permanent harm, as in addition to emotional and financial strain.
Misinterpretation of diagnostic tests, like ultrasounds or mammograms is a common type of obstetric malpractice. These errors can lead to unnecessary anxiety or wrong treatment decisions. In some instances, the negligence of a gynecologist can even cause surgical complications or even severe injuries such as hematomas or stroke.
The surgical errors that occur during a hysterectomy, or a cesarean, are another reason that is frequently the source of OB/GYN malpractice lawsuits. This type of negligence, whether it's caused by poor surgical technique, failures to properly manage postoperative treatment or a misinterpretation test results, can cause serious injuries to the patient.
Medical malpractice cases can be complex and require the services of an experienced OB-GYN attorney. A competent attorney can aid by analyzing medical records, identifying the liable parties, and ensuring the claim is filed according to applicable laws.
The most commonly used legal basis for OB-GYN malpractice claims is negligence. A doctor can be held accountable for malpractice if he / she deviates from the standard of health care that a competent professional would have offered in similar circumstances and the deviation results in harm to a patient. Expert testimony and medical evidence are required to establish that an OB/GYN acted in a negligent way during the course of her work. In the event of the medical malpractice alleged an individual patient may be entitled to compensation damages, including medical bills, loss of income emotional trauma, and punitive damages designed to punish medical professionals for their egregious actions.
Birth Injuries
During pregnancy and the birth, mothers are heavily dependent on the advice and treatment given by their OB/GYN doctors. Unfortunately, unforeseen complications during childbirth may occur. Obstetricians are prone to make mistakes that result in injury lawsuit to mother or child when complications occur. In the worst cases this kind of medical error could result in the death of a baby or mother.
Physical birth injuries include everything from a minor tear to the perineal to damage to the pelvic nerves called pudendal neuralgia which causes long-term pain in the vagina and rectum (perineum). The most grave physical birth injuries are spinal cord injuries. These 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 twist or press the head of the fetus during the delivery.
Shoulder dystocia may also result in an injury lawyer to the spine. This is when the baby's head is stuck in the birth canal. Spinal cord injuries can be caused by Erb's palsy or a brachial plexus injury which affects the nerves of the hands and arms.
In addition to physical birth injuries, it's not uncommon for women who go through labor and delivery to suffer emotional or psychological injuries. These types of injuries can be very distressing, causing feelings of anxiety or flashbacks, nightmares, or difficulty sleeping. Women who have suffered these emotional or psychological injuries often referred to as birth trauma, could be entitled to compensation. Compensation damages can be awarded to pay medical bills and lost wages, as well as therapy and rehabilitation and replacement services. In the case of unjustified deaths, punitive damages may 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 the mother's and baby's safety. A fibroid that blocks the birth canal, pelvic fractures an infant that is too large to fit through the vagina or breech, as well as other serious medical conditions may require an immediate C section. Failure to perform a C-section in such situations could result in severe injuries, and possibly even death.
Surgical errors involving gynecological procedures such as hysterectomies and cesarean sections are the most common reason for malpractice claims against OB-GYNs. The mistakes may be a result of poor surgical technique, improper planning, or failure to follow through on treatment plans. These mistakes can also include not informing patients of the risks involved 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 in taking care of her, the fetus, and the mother up until the moment of birth. If they fail to adhere to this standard of care, and an injury is incurred as a result, it could be considered medical malpractice.
If you believe that you or your child has been injured as a result of an OB-GYN error it is crucial to speak with an expert New York City OBGYN malpractice attorney as soon as possible. A skilled birth injury attorney can help you exercise your rights and get the full amount you're due. To learn more, contact Brown Trial Firm to schedule an appointment for a no-cost consultation today. Our lawyers have extensive experience in cases involving obstetrical malpractice and will fight to hold responsible parties accountable for their actions. You can be sure that we will provide you with the best legal representation.
Uterine Rupture
Uterine rupture during childbirth is one of the most serious complications. If doctors are unable to identify and birth a baby before the uterus ruptures, both the mother and baby will be at risk of serious complications.
Doctors are obligated to be alert and look for the indications of uterine rupture which include vaginal bleeding, pain and an alteration in the pattern of the fetal heart's tones during labor. If any of these signs are evident and they are able to detect them, they must be prepared to perform a C-section in an emergency.
In the event of uterine rupturing the placenta or fetus may protrude from the tear. This puts the fetus at the risk of being oxygen deficient. Hypoxia can cause severe brain injuries, including hypoxic ischemic brain injury (HIE) and cerebral palsy. If medical professionals fail to recognize the symptoms of uterine rupture and then immediately begin the delivery process, the baby may suffer from hypoxia-related brain injury or even die.
The uterus may rupture spontaneously in early pregnancy without any predisposing factors. It can be difficult to recognize because the signs and symptoms are not specific and could easily be misinterpreted to mean other conditions, such as abdominal pain, uterine fibroids, or vaginal bleeding. The index of a doctor for suspicion of uterine rupture should be high, because the outcome could be devastating.
Six percent of babies are believed to die from uterine rupture. The chances of survival increase dramatically when the uterus is identified and delivered within 30 minutes. This is why it is vital for obstetricians to pay careful attention to the history of a patient and follow her closely.
Birth Defects
About 1 of 33 babies born in the United States is born with birth defects. They can be minor or severe and affect the appearance, organ function and mental and physical development of the infant. They can also lead to health complications or even death if they are not treated in utero. High-resolution ultrasounds can detect numerous 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 are easily detected after the baby's birth. Other conditions, like scoliosis and learning disabilities, might not be identified until later in life or after adulthood. Some of these can be corrected by surgery, such as the repair of cleft palate and cleft lip while others may require ongoing treatment, such as dental therapy or speech therapy.
Although most birth defects are not preventable, taking a prenatal vitamin with folate Iodine, iron and iodine can help lower the risk of certain congenital conditions. Smoking and illegal drug abuse can also increase the chance of developing certain genetic conditions. Genetic counselors and specialists for mothers-to-be can help with screening to determine if a problem is likely to recur.
An OB-GYN's specific actions or omissions during childbirth or pregnancy could be considered malpractice if they fall below the standard of care that other OB/GYNs would provide under similar circumstances. The most important thing to prove the negligence of an obstetrician is to prove that the doctor departed from the standards of care and that this deviation caused harm or injury lawsuits to the mother or baby.