OBGYN Malpractice: What You Need to Know

When it comes to healthcare, few specialties carry as much trust and responsibility as obstetrics and gynecology (OBGYN). 

OBGYNs guide patients through some of the most vulnerable moments of their lives, with routine check-ups, childbirth, reproductive health concerns, and more, but when that trust is broken due to negligence or error, the consequences can be devastating.

OBGYN malpractice can lead to long-lasting harm for patients and their families. At Morgan & Morgan, we believe victims of medical malpractice deserve answers and compensation. 

If you or a loved one has suffered harm under the care of an OBGYN, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

What Is OBGYN Malpractice?

OBGYN malpractice occurs when an obstetrician or gynecologist fails to meet the standard of care expected in their field, resulting in harm to the patient. This breach of care can happen during pregnancy, childbirth, surgery, diagnosis, or routine exams.

The “standard of care” refers to what a reasonably competent doctor would have done in a similar situation. When an OBGYN fails to uphold this standard and injury occurs as a result, it can become a case of malpractice.

Common Examples of OBGYN Malpractice

OBGYN malpractice can take many forms, including both prenatal and gynecological care. Some of the most common examples include:

Failure to Diagnose or Misdiagnosis

Delayed or missed diagnoses can have life-threatening consequences. Common conditions OBGYNs may fail to detect include:

• Cervical or ovarian cancer
• Ectopic pregnancy
• Endometriosis
• Preeclampsia
• STDs or infections

A failure to properly diagnose or treat these conditions can allow them to progress and lead to unnecessary suffering or death.

Birth Injuries

Mistakes during labor and delivery are among the most serious forms of OBGYN malpractice. They can lead to injuries for both mother and child, such as:

• Cerebral palsy
• Erb’s palsy
• Brain damage due to lack of oxygen (hypoxia)
• Improper use of forceps or vacuum extractors
• Failure to perform a timely C-section

In some cases, these errors can result in permanent disability or even wrongful death.

Surgical Errors

Gynecological surgeries, such as hysterectomies or laparoscopic procedures, carry risks that must be managed carefully. Malpractice can occur when:

• Instruments are left inside the body
• Organs are punctured or damaged
• Infections occur due to unsanitary conditions
• There is excessive bleeding or anesthetic error
  
   

Medication Errors

Prescribing the wrong medication or dosage can lead to serious harm, particularly during pregnancy. For example, a drug contraindicated during pregnancy could result in miscarriage or birth defects.

Improper Prenatal Care

Neglecting a patient’s prenatal health can lead to complications that should have been preventable. This might include:

• Failing to monitor the fetus’s growth and development
• Ignoring signs of gestational diabetes
• Not identifying high-risk pregnancies
  
   

Proving an OBGYN Malpractice Claim

Malpractice cases are notoriously complex. To successfully file a claim, you must typically prove the following four elements:

1. Doctor-Patient Relationship

You must demonstrate that the doctor in question owed you a duty of care. This is usually easy to establish through medical records showing that you were under their care.

2. Breach of Standard of Care

You must show that the OBGYN failed to act according to accepted medical standards. This often requires expert medical testimony from another qualified doctor in the same field.

3. Causation

It’s not enough that a mistake was made. You must prove that the breach of care directly caused your injury or worsened your condition.

4. Damages

You’ll need to show that the harm resulted in measurable damages, such as:

• Medical bills
• Lost wages
• Pain and suffering
• Disability or loss of fertility
• Emotional trauma
  
   

Why OBGYN Malpractice Cases Are Unique

Malpractice in obstetrics and gynecology can involve both the mother and child, meaning two lives may be affected by a single act of negligence. Additionally, the emotional toll is immense. A traumatic birth or preventable injury can cause PTSD, depression, or anxiety.

Lifelong care may also be required. A baby injured at birth may need years of therapy or medical support.

Plus, the stakes are high. Errors in this field can lead to infertility, miscarriage, or death.

These factors can increase the compensation at stake, as well as the complexity of the legal battle.

How Much Is an OBGYN Malpractice Case Worth?

Every case is different, and the potential value depends on the severity of the injury and the extent of the damages. Some factors that may influence the settlement or verdict include:

• Cost of medical treatment (past and future)
• Loss of income or earning potential
• Pain and suffering
• Impact on quality of life
• Permanent disability or disfigurement
• Punitive damages (in rare cases of gross negligence)

OBGYN malpractice cases have led to multi-million dollar verdicts in cases involving birth injuries or catastrophic harm. At Morgan & Morgan, we’ve recovered billions for our clients, and we fight just as hard for every case, big or small.

What to Do If You Suspect OBGYN Malpractice

If you believe you or a loved one has been the victim of OBGYN malpractice, here are the steps to take:

1. Get a Second Opinion

Seek medical attention from another qualified provider. Your health comes first, and a second opinion can help identify errors or provide corrective care.

2. Request Your Medical Records

These will be key in any legal case. Request a full copy of your records as soon as possible.

3. Keep Documentation

Start a file with all relevant information, including:

• Appointments and test results
• Bills and insurance paperwork
• Photos of injuries (if applicable)
• Notes about your symptoms or experience
  
   

4. Speak to a Malpractice Attorney

Medical malpractice cases require deep legal and medical knowledge. At Morgan & Morgan, our team includes experienced attorneys and medical experts who know how to build a strong case and fight for justice.

Why Choose Morgan & Morgan?

We’re not a small firm. We’re America’s largest injury law firm, with over 1,000 attorneys and a track record of winning major cases nationwide. 

We have decades of experience handling complex malpractice cases, including OBGYN errors, and we’re not afraid to go to court. In fact, we prepare every case as if it’s going to trial, because that’s how we secure the best outcomes.

We understand the pain, confusion, and grief that follows medical negligence. We’re here to guide you through it with compassion and strength.

If you or a loved one has been harmed due to an OBGYN’s negligence, contact us today for a free, confidential case evaluation. Let us fight for the justice and compensation you deserve.