When Can I Sue My Gynecologist?

If you were unexpectedly and wrongfully injured by an obstetrician or gynecologist, you might be entitled to compensation, particularly if the injury prevents you from resuming your life as you did before seeing the OB-GYN.

What Is OB-GYN Malpractice?

OB-GYN malpractice is the failure of a physician or their staff to perform up to the minimum standards accepted within the medical community. Any doctor or healthcare staff member who makes a decision or participates in the healthcare plan of a pregnant woman can have a malpractice claim filed against them. Pregnancies can carry the potential for unforeseen complications, and how the doctor reacts to these complications and what actions he or share takes—or doesn’t take—can prove to be essential in a malpractice claim.

Negligent or reckless actions can exacerbate an existing condition or create new and avoidable complications. If a healthcare provider is negligent during the diagnosis, treatment, or follow-up care of the expectant mother, she or the child (or both) can be permanently harmed.

Common types of OB-GYN negligence include:

  • Incorrect or missed diagnosis
  • Failure to perform a timely Caesarean section
  • Performing unnecessary surgery
  • Failure to discover prenatal conditions such as ectopic or tubal pregnancy
  • Improperly using forceps or other instruments
  • Failure to recognize umbilical cord issues
  • Precipitating brain or organ damage through asphyxiation

Many of these obstetrics and gynecology errors can often result in severe and debilitating injuries, including:

  • Cerebral Palsy
  • Erb’s Palsy
  • Klumpke’s Palsy
  • Soft tissue damage
  • Internal bleeding
  • Shoulder dystocia
  • Facial paralysis
  • Spinal cord damage
  • Brain injury
  • Broken bones
  • Uterine infection
  • Death of the fetus or mother

What Compensation Can I Receive from an Obstetrics or Gynecology Malpractice Lawsuit?

The various forms of compensation awarded in medical malpractice lawsuits may be able to offset the financial burden associated with these injuries. You may be entitled to compensation in an OB-GYN lawsuit, including:

Coverage of medical bills: You may receive compensation to cover current and future medical expenses. This can also include costs to cover payment for necessary physical rehabilitation or mental therapy to recover from the trauma.

Lost Wages: A mother who injured and cannot return to her place of employment may be entitled to recover lost wages. If the injury or harm was severe enough to cause permanent disability, there might be compensation for loss of earning capacity.

Pain and Suffering: Injuries and trauma sustained during pregnancy or delivery can lead to long-term emotional damage to victims and their families. The injured party may receive compensation for their shock and anguish.

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

Punitive Damages: If the doctor’s act or omission was particularly egregious, additional monetary damages might be awarded to punish the healthcare provider and to deter similar behavior.

If you or a loved one were injured by an obstetrician or gynecologist, you might be able to recover compensation for the resulting injuries or wrongful death. Schedule a consultation with an OB-GYN malpractice attorney to have your claim reviewed for validity.