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OB-GYN Malpractice

The birth of a baby is among the most awaited and joyous occasions in the world. However, pregnancy and the delivery process can be risky.

An OB-GYN malpractice lawyer will help you understand your rights and file a claim that is successful. You'll need to prove the following: duty, breach of duty, causation and damages.

Incorrect diagnosis and inability to diagnose

One of the most frequent types of OB-GYN malpractice is the inability to diagnose the condition that could result in potential consequences for both mother and baby. If a doctor fails to recognize early warning signs, such as preeclampsia and gestational diabetes the patient could be harmed for life in addition to emotional or financial stress.

Misinterpretation of diagnostic tests, such as mammograms or ultrasounds is a common type of medical malpractice in the obstetric field. These mistakes can lead to unnecessary anxiety or incorrect treatment decisions. In some cases, the negligence of a gynecologist may result in surgical complications and even severe injuries, such as hematomas or stroke.

The surgical errors that occur during a hysterectomy or a cesarean section are another common cause of OB/GYN malpractice claims. Whether the error is caused by a poor surgical technique, failure to appropriately manage postoperative care or even the wrong interpretation of test results, this kind of negligence can lead to serious injuries for the patient.

Medical malpractice cases can be a bit complicated and require the help of an experienced OB-GYN attorney. A skilled attorney can help by analyzing medical records, identifying the responsible parties, and ensuring the claim is filed according to the law applicable to.

The most popular legal argument for OB-GYN claims of malpractice is negligence. A doctor can be held accountable for malpractice if they deviate from the standard of care that a competent health professional would have offered under similar circumstances, and the deviation results in harm to the patient. Finding out if an OB-GYN has acted negligently in the course of their work requires a careful examination of medical evidence and testimony from experts. Depending on the severity of the alleged misconduct the patient could be entitled to compensation including medical bills, emotional trauma, lost income and punitive damages to punish the medical professionals involved for their indefensible actions.

Birth Injuries

During pregnancy and the birth mothers are heavily dependent on the advice and treatment given by their OB/GYN doctors. Unfortunately, unexpected complications during childbirth may occur. If they do, it's possible for a obstetrician to make a mistake that causes injury to the baby or mother. In the most serious cases of medical error, a mother or baby may suffer a fatal injury.

Physical birth injuries include everything from a minor perineal tear to damage to the pelvic nerves, known as pudendal neuralgia that results in long-term discomfort around the vagina and rectum (perineum). The most severe of physical birth injuries are spinal cord injuries that can be severe, ranging from minor bruises to complete spinal tears. Accident Injury Lawyers Claims can result from the improper use of forceps or vacuum extractors that cause the doctor to twist the fetus' head during delivery.

Shoulder dystocia can lead to a spinal injury. This is caused when the baby's head becomes stuck in the birth canal. The injuries to the spinal cord can be caused by Erb's palsy or brachial plexus injury, which affects the nerves in the hands and arms.

It is normal for women to suffer psychological or emotional traumas during labor and delivery in addition to physical injuries. These types of injuries are extremely distressing and can cause feelings of anxiety and fear, nightmares, flashbacks, or sleeplessness. Women who suffer psychological or emotional injuries - also known as birth trauma - could be entitled compensation. Compensation damages are granted to cover medical costs and lost wages, as well as therapy, rehabilitation, and replacement services. In cases of wrongful death, punitive damages may be awarded to punish the offender and discourage similar conduct in the future.

Failure to Perform a C-Section

In the birth room an emergency C-section is often required to ensure mother and baby's safety. A fibroid that blocks the birth canal, pelvic fractures, the baby is too big to fit through the vagina, or in breech, and other serious medical conditions can require an immediate C section. Failing to perform a C-section in these situations could lead to severe injuries and potentially even death.

Surgical errors involving gynecological procedures like hysterectomies and Cesarean sections are the most common reason for malpractice claims against OB-GYNs. The errors may be a result of poor surgical technique, improper planning, or failure to follow up on treatment plans. It could also be due to a failure to inform patients about the risks involved with a procedure or misinterpreting diagnostic tests.

An obstetrician or gynecologist has a duty to monitor the health of women during pregnancy, and all processes involved in caring for her and the fetus up to the time of birth. In the event that they fail to adhere to this standard of care, and an injury is incurred due to this, it could be considered medical malpractice.

If you or your child believes that you've suffered injury due to an OB/GYN mistake you should seek out an experienced New York City OBGYN negligence attorney as soon as possible. A birth injury lawyer can assist you in exercising your rights and get the compensation you deserve. To learn more, contact Brown Trial Firm to schedule an appointment today for a free consultation. Our lawyers are well-versed of obstetrical negligence cases and will fight for the parties responsible to be held accountable. You can be assured that we will provide the best possible legal representation.

Uterine Rupture

Uterine rupture is one of the most serious complications that can occur during birth. If doctors fail to diagnose and deliver the baby swiftly before the uterus ruptures, both the mother and baby are at risk of serious complications.

Doctors must be vigilant in finding signs of rupture of the uterus. This includes bleeding from the vaginal area, and a change to the pattern of heart tones of the fetus during labor. If they notice any of these signs, they should be prepared to perform a C-section in the event of an emergency.

In the case of rupture in the uterus the placenta and fetus could protrude from the the uterus wall. The fetus immediately is at risk of being deficient in oxygen. Hypoxia can lead to serious brain injuries, such as cerebral palsy and hypoxic-ischemic encephalopathy. If medical professionals fail to recognize the signs of a ruptured uterus, and don't immediately begin the delivery process, the baby could be afflicted with hypoxia-related brain injuries, or even die.


The uterus can rupture on its own without the presence of predisposing factors in early pregnancy. It is usually difficult to diagnose because the signs and symptoms are nonspecific and can easily be misinterpreted as other conditions, such as abdominal pain, uterine fibroids or vaginal bleeding. In addition, a doctor's index of suspicion for ruptured uterine musculature must be high since the result could be catastrophic.

Six percent of babies are estimated to die from uterine rupture. The odds of survival increase dramatically when the uterus is discovered and delivered within 30 minutes. It is important that obstetricians take note of the patient's medical history and closely observe her.

Birth Defects

In the United States, approximately 1 out of 33 babies is born with a congenital defect. They can be minor or severe and affect the appearance, organ function and mental and physical development of the baby. If they are not treated early in the uterus they could cause serious health problems or even death. Ultrasounds with high resolution can identify many types of birth defects that can occur during pregnancy. Other testing options like amniocentesis, and blood tests, could be available.

Some birth defects can be detected as soon as a baby is born for example, cleft lip or cleft palate, and other issues may be discovered later during adulthood or in childhood, such as scoliosis or learning disabilities. Some of these issues can be fixed through surgery, including the repair of cleft palate and cleft lip while others may require ongoing treatment, such as speech therapy or dental care.

Although the majority of birth defects cannot be prevented taking a prenatal multivitamin containing folate iron, iodine, and folate can help lower the risk of congenital diseases. Smoking and illegal drug use greatly increase the risk of certain genetic abnormalities. Genetic counselors can assist in screening to determine the chance of a specific condition recurring.

An OB-GYN's actions or omissions during childbirth or pregnancy could be considered negligence if they do not meet the standard of care that other OB/GYNs offer under similar circumstances. To prove obstetrical neglect you must demonstrate that the doctor erred from normal practice and that the deviation caused injuries or harm to the mother or child.

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