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OB-GYN Malpractice The birth of a child is among the most awaited and joyous occasions in the world. Pregnancy and birth can be dangerous. A lawyer for OB-GYN can help you understand and submit a successful claim. You must demonstrate the following duties breached, causation, and damages. Misdiagnosis and Failure to Diagnose One of the most prevalent types OB-GYN malpractices is the failure of a doctor in diagnosing a condition which could have serious consequences for mother and child. If a doctor fails to recognize early warning signs, such as preeclampsia and gestational diabetic patients may be harmed for life in addition to emotional or financial stress. The misinterpretation of diagnostic tests, such as mammograms or ultrasounds, is another common form of medical malpractice in the obstetric field. These errors can lead to unnecessary anxiety and/or wrong treatment decisions. In some cases the carelessness of a gynecologist could result in surgical complications and even serious injuries like 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. If the error is caused by poor surgical technique, inability to appropriately manage postoperative care or even a misinterpretation of test results, this kind of negligence can cause serious injuries for the patient. Medical malpractice cases can be a bit complicated and require the help of an experienced OB-GYN attorney. A competent attorney can aid by analyzing medical records, identifying responsible parties, and ensuring the claim is filed according to the applicable laws. The most common legal theory for OB-GYN claims of malpractice is negligence. A doctor could be held responsible for malpractice if he or is not in accordance with the standard of health care that a competent professional would provide in similar circumstances and the deviation causes harm to patients. Expert testimony and medical evidence are required to prove that an OB/GYN acted in a negligent way during the course of her practice. Based on birth injury settlement amount of the malpractice alleged, a client may be entitled to compensation including medical bills and loss of income, emotional trauma, and punitive damages designed to punish the medical professionals responsible for their indefensible actions. Birth Injury During pregnancy and the birth mothers are heavily dependent on the advice and treatment given by their OB/GYN doctors. Unexpected complications can happen during the birthing process. Obstetricians are prone to make mistakes that result in injuries to the mother or child when complications arise. In the most serious cases, this medical negligence can result in the death of a baby or mother. Physical birth injuries include everything from a minor perineal tear to damage to pelvic nerves known as pudendal neurogia that results in long-term pain in the vagina and the rectum (perineum). The most serious of physical birth injuries are spinal cord injuries, which can be severe, ranging from minor bruises to complete spinal tears. These injuries can result from the incorrect use of forceps or vacuum extractors that cause the doctor to turn the fetus' head during delivery. Shoulder dystocia, which is a condition in which the baby's head gets stuck in the birth canal during delivery, can also cause a spinal cord injury. Spinal cord injuries can be caused by Erb's psy or brachial-plexus injuries, which affects the nerves that run through the arms and hands. It is normal for women to experience emotional or psychological injuries during labor and birth, in addition to physical injuries. These types of injuries can be very distressing, causing feelings of anxiety or anxiety, nightmares, flashbacks or sleeplessness. Women who have suffered emotional or psychological injuries – sometimes called birth trauma – may be entitled compensation. Compensatory damages may be awarded to cover medical bills and lost wages, as well as rehabilitation and therapy, as well as replacement services. In the event of wrongful death punitive damages can be awarded to punish the offender and discourage similar conduct in the future. Failure to Perform a C-Section There are instances in a delivery room when C-sections in emergency are necessary to ensure the safety of both mother and child. A fibroid that blocks the birth canal, pelvic fractures the baby is too big to fit through the vagina or breech, as well as other serious medical issues may require a prompt C-section. In these cases, failing 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 frequent cause of malpractice claims against OB/GYNs. The errors may be a result of inadequate surgical technique, insufficient planning or failing to follow-up on treatment plans. They may also include the failure to inform patients of the risks associated with an operation or interpreting incorrectly diagnostic tests. A gynecologist or obstetrician has the obligation of monitoring the health of a woman's pregnancy and all processes associated with caring for her, the fetus and the mother up until the time of delivery. If they do not meet this standard of care and an injury occurs as a result, it could be considered medical malpractice. If you suspect that you or your child has been injured as a result of an OB-GYN error, it's important to consult with an expert New York City OBGYN malpractice attorney as soon as possible. A dedicated birth injury lawyer will 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 a wealth of experience in obstetrical malpractice cases and will fight to hold accountable parties 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 among the most serious complications. If doctors fail to diagnose and deliver the baby swiftly before the uterus ruptures both the mother and the baby are at risk of sustaining complications. Doctors are obligated to be alert and look for the symptoms of uterine rupture which may include bleeding from the vagina and an alteration in the pattern of fetal heartbeats during labor. They must be prepared to perform an emergency C-section in the event that these signs occur. In the case of rupture in the uterus, the fetus and placenta may extrude through the the uterus wall. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can result in severe brain injuries like cerebral palsy and hypoxic ischemic encephalopathy. If medical professionals fail recognize the signs of ruptured uterus and fail to immediately begin delivery the baby may suffer brain injuries related to hypoxia or even die. The uterus may rupture spontaneously without the presence of any predisposing factors during pregnancy. It is often difficult to identify uterine rupture because the symptoms and signs are nonspecific. It is easy to get confused with other conditions such as abdominal discomfort, uterine fibroid or vaginal blood. The index of a doctor for suspicion of uterine rupture must be high, since the result could be catastrophic. It is estimated that six percent of babies do not survive the rupture of the uterus. The chances of survival are dramatically increased if the uterus can be detected and delivered within less than 30 minutes. Obstetricians must be attentive to the patient's medical history and closely observe her. Birth Defects In the United States, approximately 1 in 33 babies is born with a congenital defect. They can range from minor to severe and affect the appearance organ function, mental and physical development of the infant. If they are not treated early in the uterus, they can also cause serious health issues or even death. Ultrasounds with high resolution are able to detect various birth defects during pregnancy. Other testing options like amniocentesis, and blood tests, might be available. Certain birth defects, such as Cleft palates or cleft lips, can be detected immediately when the baby is born. Other issues, like learning disabilities and scoliosis, might not be identified until later in childhood or adulthood. Some of these can be corrected through surgery, including the repair of cleft palate and cleft lip while others may require ongoing treatment, like dental therapy or speech therapy. Although most birth defects can't be prevented, taking a prenatal multivitamin containing folate, iron, and iodine can reduce the risk of congenital diseases. Smoking and illicit drug use increase the risk of certain genetic disorders. Genetic counselors and specialists for mothers-to-be can help with screening to determine if an issue is likely to recur. A specific OB-GYN's actions or omissions in a childbirth or pregnancy could be considered negligence if they do not meet the standard of care other OB/GYNs would provide under similar circumstances. To prove that obstetrical negligence has occurred, you must prove that the doctor deviated from the standard of care and that this deviation resulted in injury or harm to the mother or child.