What Freud Can Teach Us About Obstetric Malpractice Lawyer
OB-GYN Malpractice
The birth of a baby can be one of the most joyous and exciting events. Pregnancy and delivery can be dangerous.
A OB-GYN lawyer can help you understand and submit a successful claim. You must prove the following: breach of duty, breach of duty, causation and damages.
Incorrect diagnosis and inability to diagnose
One of the most frequent kinds of OB-GYN errors is the failure to recognize a condition that could have potential consequences for mother and child. If a medical professional fails detect warning signs early like preeclampsia or gestational diabetes the patient could suffer permanent damage and also emotional or financial strain.
Another common type of obstetrical error is the misinterpretation of diagnostic tests such as mammograms and ultrasounds. These mistakes can lead to unnecessary anxiety or incorrect treatment decisions. In some cases the carelessness of a gynecologist could result in surgical complications and even severe injuries, such as hematomas or stroke.
Surgery errors during a hysterectomy, or a cesarean, are another frequent cause of OB/GYN malpractice claims. This type of negligence whether due to a poor surgical technique, or failure to properly manage postoperative care or even a misinterpretation of test results, can cause serious injuries to patients.
Medical malpractice cases are a bit more complicated and require the assistance of an expert OB-GYN lawyer near me injury. A knowledgeable attorney can assist by analyzing the medical records, identifying responsible parties, and making sure that the claim is filed according to the applicable laws.
The most popular legal argument for OB-GYN claims of malpractice is negligence. Doctors can be held accountable for malpractice if they deviate from the standard of care a reasonably competent health professional would have provided under similar circumstances, and this deviation results in harm to the patient. Expert testimony and medical evidence are required to prove that an OB/GYN was acting in a negligent manner during the course of his practice. In the event of the alleged medical malpractice, a client could be entitled to damages in compensation, including medical bills, income loss, emotional trauma and punitive damages to punish medical professionals for their inexplicable actions.
Birth Injuries
Throughout pregnancy and the birthing process, mothers are largely dependent on the advice and treatment of their OB/GYN physicians. Unfortunately, unexpected complications that arise during childbirth could occur. Obstetricians may make mistakes that result in injuries to the mother or child when complications arise. In the worst instances of medical error, a mother or baby could be killed.
Physical birth injuries can range from a minor tear in the perineum to damage to the pelvic nervous system, called pudendal neuropathy, which causes long-term pain in the vaginal area and the rectum. The most serious physical birth injuries are spinal cord injuries, which can range in severity from mild bruises to complete spinal cord tears. They are often caused by the improper use of vacuum extractors or forceps which cause the doctor to stretch or press the head of the fetus during delivery.
Shoulder dystocia may also cause an injury attorney to the spine. This is caused when the baby's head becomes stuck in the birth canal. Spinal cord injuries can be caused by Erb's Palsy or brachial plexus injury attorneys, which affects the nerves that run through the arms and hands.
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 extremely stressful and can trigger anxiety or fear flashbacks, nightmares or trouble sleeping. Women who have suffered psychological or emotional injuries - often referred to as birth trauma - could be entitled to compensation. Compensation damages may be awarded to cover medical expenses as well as lost wages, therapy, rehabilitation, and replacement services. In the case of wrongful deaths, punitive damage may be awarded as a retribution for the defendant and to discourage future behavior similar to the one that occurred.
Failure to perform a C-Section
There are times in a birth room where an emergency C-section is necessary to ensure the safety of both mother and child. A fibroid blockage of the birth canal or a pelvic fracture a baby who is too large to fit through the vagina or in the breech position, as well as other serious medical conditions could necessitate an immediate C-section. In such cases, failure to perform the C section could cause severe injuries or even death.
Surgical errors involving gynecological procedures such as hysterectomies and cesarean sections are the most common cause of malpractice lawsuits against OB-GYNs. These errors could be the result of inadequate surgical technique, insufficient planning, or failure to follow-up on treatment plans. These mistakes can also include not informing patients of the risks associated with a specific procedure or not understanding the results of diagnostic tests.
An obstetrician or gynecologist has a duty to monitor the health of women during pregnancy, and all processes that are involved in the care of her and the fetus up to the time of birth. In the event that they fail to meet the standards of care, and an injury lawyer occurs in the process, it could be considered medical malpractice.
If you suspect that you or your child has been harmed due to an OB-GYN error, it's important to consult with an expert New York City OBGYN malpractice attorney right away. A dedicated birth injury lawyer will help you exercise your rights and receive the full compensation you deserve. 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 confident 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 not able to identify and deliver the baby before the uterus ruptures both the mother and baby are likely to be at risk of sustaining complications.
Doctors should be alert in identifying indications of uterine rupture. These include pain, bleeding from the vaginal area, and a change to the pattern of heart tones of the fetus during labor. They should be prepared to perform an emergency C-section in the event that these signs occur.
In the event of uterine rupturing, the fetus or placenta may protrude from the tear. The fetus is immediately at risk of being deficient in oxygen. Hypoxia can result in severe brain injuries such as cerebral palsy and hypoxic-ischemic encephalopathy. If medical professionals fail recognize the symptoms of a ruptured uterus and fail to immediately begin delivery, the baby could suffer hypoxia-related brain injuries or even die.
The uterus may rupture spontaneously in the early stages of pregnancy, without any predisposing cause. It can be difficult to determine if uterine rupture is occurring because the symptoms and signs are nonspecific. They can easily be confused with other conditions like abdominal discomfort, uterine fibroid or vaginal blood. The index of a doctor for suspicion of uterine rupture should be high, because the outcome could be devastating.
It is estimated that six percent of babies die from the rupture of the uterus. The chances of survival are significantly increased when the uterus is discovered and delivered within 30 minutes. Obstetricians must be attentive to the patient's medical history and closely observe her.
Birth Defects
Around one out of 33 babies 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. If they are not treated early in the uterus, they can also cause serious health complications or even death. Many birth defects can be detected by using high-resolution ultrasounds during pregnancy, while more in-depth testing options such as amniocentesis (taking samples of amniotic fluid) and blood tests may also be available to detect certain conditions.
Certain birth defects, such as the cleft palate or cleft lips are easily detected after the baby's birth. Other conditions, such learning disabilities and scoliosis, may not be discovered until later in life or after adulthood. Some of these can be fixed through surgery, including the repair of cleft palate and cleft lip while others may require ongoing treatment such as dental therapy or speech therapy.
While the majority of birth defects are not preventable by taking a prenatal vitamin with folate, iodine and iron may aid in reducing the risk of some congenital conditions. In addition, smoking and illegal drug use greatly increase the likelihood of certain genetic disorders. Genetic counselors and specialists for mothers-to-be can assist with screening to determine if an issue is likely to return.
If an OB/GYN is unable to provide the same level of care that other OB/GYNs provide in similar circumstances, it could be considered to be a case of malpractice. The most important thing to prove obstetrical negligence is showing that the physician departed from the standards of care and that this deviation caused harm or injury to the mother or baby.