OB-GYN Malpractice

Birth of a child is one of life's most exciting and joyful events. 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 will need to prove the following the following: duty breach causation, damages, and breach of duty.

Misdiagnosis and Failure to Diagnose

One of the most frequent types of OB-GYN errors is the failure of a doctor to recognize an issue that could lead to serious consequences for the mother and child. If a doctor fails to recognize early warning signs, such as gestational diabetes or preeclampsia the patient may suffer permanent harm, as in addition to emotional and financial strain.

Another form of obstetrical malpractice is the misinterpretation of diagnostic tests such as ultrasounds or mammograms. These mistakes can cause anxiety and stress, or lead to incorrect treatment decisions. In some cases the negligence of a gynecologist can lead to surgical complications, or even grave injuries, such as hematomas or strokes.

The surgical errors that occur during a hysterectomy, or a cesarean section, are another common cause of OB/GYN malpractice suits. This type of negligence, whether it is due to poor surgical technique, inability to properly manage postoperative care or even a misinterpretation of test results, could cause serious injuries to patients.

Medical malpractice cases can be complicated and require the assistance of an experienced OB-GYN lawyer. A seasoned attorney can assist in conducting a thorough examination of medical records, identifying the responsible parties and ensuring that the claim is filed in compliance with applicable laws.

The principle legal basis behind OB-GYN malpractice claims stems from negligence. A doctor can be held accountable for malpractice if she deviates from the standard of care that a reasonably competent professional would have provided in similar circumstances and the deviation causes harm to patients. Finding out if an OB-GYN has acted negligently during their work requires a careful review of medical evidence as well as evidence from experts. Based on the severity of the alleged misconduct the patient could be entitled to compensatory damages such as medical bills, lost income, emotional trauma and punitive damages to retaliate against medical professionals who were responsible for their indefensible actions.

Birth Injuries

During pregnancy and the birth mothers are dependent on the advice and treatment provided by their OB/GYN physicians. Unexpected complications can happen during childbirth. Obstetricians are prone to make mistakes that cause injuries to the mother or child when complications occur. In the worst instances of medical negligence, a mother or baby could die.

Physical birth injuries may range from a minor tear in the perineum to injuries to the pelvic nervous system, called pudendal neuropathy which can cause long-term discomfort in the vaginal region and the rectum. The most serious physical birth injuries include spinal cord injuries. These may range from mild 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 delivery.

Shoulder dystocia, a condition in which the baby's head gets stuck in the birth canal during delivery it can also result in an injury to the spinal cord. Erb's plexus and brachial injuries that affect the nerves in the arms and hands, are also frequent causes of spinal injury.

In addition to physical birth injuries, it is also common for women who go through labor and delivery to suffer psychological or emotional injuries. These kinds of injuries can be very distressing and can lead to feelings of anxiety, fear flashbacks, nightmares or difficulty sleeping. Women who have suffered emotional or psychological injuries - often referred to as birth injury litigation trauma - could be entitled compensation. Compensation damages can be awarded to pay medical bills and lost wages, as well as rehabilitation and therapy, as well as replacement services. In cases of wrongful deaths, punitive damages may be awarded as a form of punishment for the defendant, and to deter future similar behavior.

Failure to perform a C-Section

There are times in a delivery room when C-sections in emergency are necessary to ensure the safety of mother and child. A fibroid that blocks the birth canal, pelvic fractures, an infant that is too large to fit through the vagina, or into breech, as well as other serious medical conditions may require an immediate C section. In such cases, failure to perform a C section could result in severe injuries or even death.

The gynecological surgical errors, such as hysterectomies or cesarean sections, are a common cause of malpractice claims against doctors of the gynecological field. These errors could be the result of inadequate surgical technique, insufficient planning, or failure to follow through on treatment plans. These errors could also be due to not informing patients about the risks involved with a specific procedure or misinterpreting diagnostic test results.

Gynecologists or obstetricians have a responsibility to monitor the health of a woman during pregnancy and all processes associated with caring for the fetus and the mother until the moment of delivery. In the event that they do not meet the standards of care and an injury is incurred in the process it could be regarded as medical malpractice.

If you believe that you or your child has been injured due to an OB-GYN error It is important to speak with an experienced New York City OBGYN malpractice attorney as soon as possible. A dedicated birth injury lawyer can assist you in exercising your rights and get the full amount of compensation you deserve. Contact Brown Trial Firm today to schedule a no-obligation consultation. Our lawyers are well-versed of obstetrical negligence cases and will fight for the parties responsible to be held accountable. You can be confident that we will give you the best legal representation.

Uterine Rupture

Uterine rupture during childbirth is among the most serious complications. If doctors aren't able to identify and deliver an infant before the uterus ruptures both the mother and the baby will be at risk of life-threatening complications.

Doctors are required to be vigilant and watch out for symptoms of uterine rupture which may include pain, vaginal bleeding and a change in the pattern of fetal heart tones during labor. If any of these signs are evident, they should be prepared to perform a C-section in the event of an emergency.

In the event of uterine rupturing the placenta or fetus could protrude through the tear. This puts the fetus in immediate risk of oxygen deprivation. Hypoxia can lead to severe brain injuries like hypoxic-ischemic encephalopathy and cerebral palsy. If medical professionals fail to spot the symptoms of uterine rupture and then immediately begin the delivery process, the baby may suffer from hypoxia-related brain injuries or even die.

The uterus can rupture spontaneously without the presence of predisposing factors during pregnancy. It can be difficult to identify uterine rupture due to the fact that the symptoms and signs are nonspecific. They can easily be confused with other conditions like abdominal discomfort, uterine fibroid, or vaginal blood. The doctor's suspicion index of uterine rupture should be high, as the outcome can be disastrous.

Six percent of babies are believed to die from uterine rupture. The odds of survival are significantly increased when the uterus is identified and delivered within 30 minutes. It is important that obstetricians pay attention to the patient's medical history and closely monitor her.

Birth Defects

In the United States, approximately 1 in 33 babies is born with a congenital defect. These may be minor or severe and affect the appearance organ function, mental and physical development of the infant. If not treated in utero they could cause serious health issues or even death. High-resolution ultrasounds can detect numerous birth defects during pregnancy. Other testing options, such as amniocentesis and blood tests, may also be available.

Some birth defects, like Cleft palates or cleft lips can be identified immediately when the baby is born. Other conditions, such learning disabilities and scoliosis may not be discovered until later in childhood or adulthood. Some of these conditions can be treated surgically, like cleft palate and lip repairs, whereas others require ongoing treatment like speech therapy or dentist care.

While most birth defects are not preventable, taking a prenatal vitamin containing folate, iodine and iron can aid in reducing the risk of developing certain congenital disorders. Smoking and illegal drug abuse can also increase the risk of developing certain genetic disorders. Maternal-fetal specialists and genetic counsellors can assist in screening to determine if a problem is likely to recur.

An OB-GYN's actions or omissions during a childbirth or pregnancy can be considered negligence if they fall short of the standard of care that other OB/GYNs offer under similar circumstances. The key to proving obstetrical negligence is showing that the physician deviated from the standards of care and that the deviation caused injury or harm to the baby or mother.