OB-GYN Malpractice in New York: Catastrophic Birth Injuries

When an obstetrician or their staff fails to perform at the minimum standard of care accepted by the medical community, then OB-GYN malpractice has occurred.  A victim of OB-GYN malpractice can bring a claim against any doctor or healthcare staff member who has made a decision or participated in a pregnant woman’s healthcare plan.  Pregnancies always carry with them potential for unforeseen complications and how a doctor reacts to complications can be very important in a malpractice claim.

Existing complications can be aggravated or new and avoidable complications can be created through the negligent or reckless actions of a doctor or medical staff.  Negligence during diagnosis, treatment, or follow-up care can result in permanent harm.

OBGYN negligence can include:

• Misdiagnosis
• Failure to diagnose
• Failure to discover prenatal conditions
• Failure to perform a cesarean section timely
• Performing an unnecessary surgery
• Improperly using forceps
• Causing brain or organ damage due to asphyxiation
• Failure to recognize complications of the umbilical cord

Serious and debilitating injuries can result from obstetrics and gynecology malpractice, such as Cerebral Palsy, Erb’s Palsy, Klumpke’s Palsy, shoulder dystocia, facial paralysis, broken bones, soft tissue damage, brain injury, internal bleeding, spinal cord damage, and death of either the mother or the fetus.  Mothers can also experience injuries including uterine infection and Group B streptococcal infection.

Awards of compensation in medical malpractice lawsuits can help relieve some of the financial burdens associated with these types of injuries.  Victims of medical malpractice may be entitled to:

• Medical Bills – awards can cover current and future medical expenses.  They can also cover rehabilitation and mental therapy needs.
• Lost Wages – should a mother be unable to return to her job, she may be able to recover lost wages.
• Pain and Suffering – injuries and trauma can cause irreparable emotional damage.  Compensation for this anguish can mitigate the damage.
• Wrongful Death – such compensation can include lost medical benefits, loss of inheritance, and loss of consortium.
• Punitive Damages – should a physician’s actor or omission be particularly egregious, then additional monetary damages can be awarded to punish the negligent doctor and deter similar behavior.

I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.