OBGYN Malpractice


Updated

Jul 23, 2018

Morgan & Morgan’s OBGYN malpractice attorneys have decades of experience handling medical malpractice lawsuits filed on behalf of women and children who were injured during the childbirth process. Our OBGYN attorneys have recovered substantial compensation for our clients, including a $5.8 million verdict for a case involving a brain injury which was sustained due to obstetric negligence. Though each pregnancy and case is different, our Florida OBGYN malpractice lawyers are skilled in handling the intricacies presented by each case and are dedicated to helping injured patients recover the compensation they deserve.

If you were unexpectedly injured by an obstetrician or gynecologist, you may be entitled to compensation if the injury prevents you from resuming your life as you did prior to the OBGYN appointment. To have your claim reviewed by one of our experienced lawyers, please complete our free, no obligation case evaluation form.

What is OBGYN Malpractice?

OBGYN malpractice is the failure of an obstetrician or their staff to perform up to the minimum standards accepted within the medical community. A malpractice claim can be filed against any doctor or healthcare staff member who makes a decision or participates in the healthcare plan of a pregnant woman. Every pregnancy carries the potential for unforeseen complications, and the manner in which a doctor reacts to these complications can prove to be essential in a malpractice claim.

Negligent or reckless reactions can aggravate an existing complication or create new and avoidable complications. If a healthcare professional is negligent during the diagnosis, treatment, or follow-up care of a patient, the mother or child can be permanently harmed.

Common types of OBGYN negligence include:

  • Misdiagnosis (i.e. failure to identify a birth defect or genetic disorder during pregnancy)
  • Failure to diagnose
  • Failure to perform a timely cesarean section
  • Failure to discover prenatal conditions including ectopic or tubal pregnancy
  • Performing unnecessary surgery i.e.
  • Improperly using forceps
  • Failure to recognize umbilical cord complications
  • Causing brain or organ damage through asphyxiation

These types of obstetrics and gynecology malpractice often result in serious and debilitating injuries, including Cerebral Palsy, Erb’s Palsy, Klumpke’s Palsy, shoulder dystocia, soft tissue damage, facial paralysis, brain injury, broken bones, spinal cord damage, internal bleeding, and the death of the fetus or mother. Injuries to the mother may include a uterine infection known as chorioamnionitis and Group B streptococcal (GBS) infection.

Compensation in Obstetrics and Gynecology Malpractice Lawsuits

The compensation awarded in a medical malpractice lawsuit may be able to relieve the financial burden associated with these injuries. The plaintiff in an OBGYN malpractice case may be entitled to:

Medical Bills: Compensation may be awarded to cover current and future medical expenses that are necessary to correct any damage suffered by the mother or child. This will also include costs to cover payment if a mother or child is severely injured and needs physical rehabilitation or mental therapy to recover from the trauma.

Lost Wages: If the mother is injured and cannot return to her place of employment, she may be entitled to recover lost wages.

Pain and Suffering: Injuries and trauma sustained during a pregnancy and/or birth can cause irreparable emotional damage to the victim(s) and their family. Compensation for their anguish can be awarded to mitigate the damage.

Wrongful Death: Compensation for a wrongful death can include lost medical benefits, loss of inheritance and loss of consortium.

Punitive Damages: In cases where the act or omission of the physician was particularly egregious, additional monetary damages may be awarded to punish the defendant for their conduct and to deter similar behavior.

Were you or a loved one injured by an obstetrician or gynecologist? If so, you may be able to recover compensation for any resulting injuries or death. To receive a free consultation from one of our OBGYN malpractice attorneys, please fill out our free case evaluation form.

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