OBGYNs (obstetricians and gynecologists) play a critical role in the health and well-being of women, particularly during pregnancy, childbirth, and reproductive care. However, when mistakes occur due to negligence, the consequences can be devastating for both the patient and, in some cases, the baby. Understanding the basics of OBGYN medical malpractice can empower you to take action if you believe you or a loved one has been harmed.
1. What is OBGYN medical malpractice?
OBGYN medical malpractice occurs when an obstetrician or gynecologist fails to meet the applicable standard of care, leading to injury or harm to the patient. This negligence can happen during routine care, gynecological surgery, pregnancy, labor, or delivery. It could include failing to diagnose conditions like preeclampsia or infections, surgical errors during procedures such as hysterectomies, birth injuries like cerebral palsy or excessive bleeding, and medication errors involving incorrect drugs or dosages.
2. What are common OBGYN medical malpractice cases?
OBGYN malpractice can involve many aspects of women’s healthcare, from routine visits to emergency procedures. Common types of OBGYN medical malpractice cases include:
- Surgical mistakes: Errors during gynecological surgeries like hysterectomies or laparoscopic procedures, including damaging organs or leaving surgical instruments inside the patient.
- Cancer misdiagnosis: Failing to diagnose gynecological cancers (e.g., cervical, ovarian, or uterine cancer) in a timely manner, leading to delayed treatment and potentially worse outcomes for the patient.
- Infection complications: Negligent care leading to, or failing to properly treat, infections after childbirth, surgery, or other medical procedures.
- Sterilization errors: Mistakes during sterilization procedures, such as performing them improperly or without the patient’s informed consent.
- Prenatal care errors: Failing to monitor and properly respond to risk factors and issues during pregnancy or labor and delivery, missing warning signs of complications like ectopic pregnancies, or misdiagnosing fetal abnormalities.
- Delivery room errors: Negligence during childbirth, such as failing to respond to fetal distress or improperly using forceps or vacuum extractors.
Each of these scenarios can result in severe consequences, making it vital to consult a medical malpractice attorney if you suspect negligence occurred.
3. What are common examples of birth injuries caused by malpractice?
Some birth injuries result from avoidable mistakes made by OBGYNs, midwives, or other medical providers, including:
- Cerebral palsy: Often caused by oxygen deprivation during delivery.
- Erb’s palsy (or injuries to the brachial plexus): Nerve damage to a baby resulting from excessive pulling or inappropriate delivery techniques during birth.
- Injuries from shoulder dystocia: Injuries, such as fractures or nerve damage, when a baby’s shoulder becomes stuck in the birth canal.
- Maternal injuries: Excessive bleeding, uterine rupture, or injuries caused by improperly performed C-sections.
These injuries can have lifelong effects, making it essential to seek legal guidance to secure compensation for medical care, therapy, and other needs. More information is available on our Birth Injury medical malpractice page.
4. How can I tell if I have an OBGYN malpractice case?
Determining if you have a malpractice case depends on several factors, including the following:
- Did the healthcare provider breach the standard of care? The care you received must fall below what a reasonably skilled OBGYN (or other healthcare provider) would provide under similar circumstances. Our medical malpractice attorneys work with medical experts to prove this crucial element.
- Was harm caused? You must have experienced physical, emotional, or financial harm as a direct result of the provider’s improper actions. We will help you gather the documentation and other evidence necessary to prove this.
- Was the harm avoidable? The injury or outcome must have been preventable if the doctor had acted appropriately. In some sad scenarios, a poor outcome could not have been avoided even with the best medical care, and the doctor will not be held liable for such harm.
Our medical malpractice attorneys offer a free initial consultation to hear your story and determine whether or not you may have the basis of a medical malpractice claim.
5. How do I prove OBGYN medical malpractice?
If you pursue a medical malpractice claim, our medical malpractice attorneys will conduct a thorough investigation, working with medical experts, to prove each element of your case. By law, proving medical malpractice requires demonstrating four key elements:
- Duty of care: The healthcare provider had a responsibility to you to provide competent medical care.
- Breach of duty: By their actions or their failure to act, the provider failed to meet the required standard of care, thereby breaching that duty to you.
- Causation: The provider’s breach directly caused your harm or injury.
- Damages: You suffered harm or losses – physical, emotional, or financial – as a result.
We will gather evidence such as medical records, expert testimony, and witness statements to establish these elements and present a strong case for compensation.
6. Who can be held responsible for OBGYN malpractice?
An OBGYN medical malpractice claim can be brought against multiple defendants, including a hospital or healthcare system, depending on the circumstances of your claim. The individual obstetrician, gynecologist, nurse practitioner or physician assistant involved in your care will often be named in a claim, but other potential parties could include:
- Nurses: If errors in monitoring or communication contributed to the harm.
- Anesthesiologists: For mistakes during epidurals or other anesthesia administration.
- Hospitals or clinics: If inadequate staffing, improper equipment, or poor protocols played a role.
Identifying all liable parties is critical to building a strong case and securing fair compensation. Your attorney will help you do this.
7. What damages can I recover in an OBGYN malpractice case?
Victims of OBGYN malpractice may be entitled to compensation for:
- Medical expenses: Past and future costs for additional treatments, surgeries, therapy, or medications required as a result of the injury.
- Lost wages: Income lost due to time off work or reduced earning capacity, both in the past and into the future.
- Pain and suffering: Physical and emotional distress caused by the injury. This may also include the emotional impact to the marital relationship as a result of the injury.
- Wrongful death: In cases where malpractice results in the death of the mother or baby, families may seek damages for funeral expenses, loss of companionship, and more.
Every case is unique, but an experienced medical malpractice attorney understands the factors that will affect the value of your claim and can help ensure you get the compensation you deserve.
8. How long do I have to file an OBGYN malpractice lawsuit?
The time limit to file a medical malpractice lawsuit, known as the statute of limitations, varies by state. In Delaware and Pennsylvania, you typically have two years from the date of the malpractice to file a claim, while in Maryland, the deadline is three years in most cases. Exceptions to this rule are limited, so it is critical to consult an attorney as soon as possible to begin building your case and file within the applicable deadline.
9. Why do I need an attorney for an OBGYN malpractice case?
Medical malpractice cases are legally and technically complex and often require extensive evidence and expert opinions to prove negligence. An attorney will:
- Investigate your case and identify all responsible parties and damages.
- Consult with medical experts to assess the quality of care provided.
- Handle negotiations with insurance companies or defense lawyers.
- Ensure you meet all legal deadlines.
Without experienced legal representation, you may risk undervaluing your claim or missing out on compensation altogether.
10. How much does it cost to pursue an OBGYN malpractice case?
Our firm handles medical malpractice cases on a contingency fee basis, meaning you pay no upfront costs, and we only receive payment if we successfully recover compensation for you. This ensures that you can focus on your recovery without worrying about legal fees. We also offer a free initial consultation during which we can advise you on your legal options and answer any of your questions about our fees.
11. What should I do if I suspect OBGYN malpractice?
If you believe you or a loved one has been a victim of OBGYN medical malpractice, follow these steps:
- Seek proper medical care: Address any injuries or complications promptly, seeking out a second opinion if necessary.
- Request medical records: Obtain copies of your treatment records, including tests, procedures, and notes. Your attorney can help with this.
- Document your experience: Write down details about what happened, including dates, conversations, and symptoms. Keep any evidence, including text messages or photographs, related to your injuries or care at issue. Include emotional challenges and practical disruption to your life in addition to physical symptoms and financial details.
- Consult an attorney: Schedule a free consultation with our medical malpractice attorneys to review your case and discuss your legal options.
