Pregnancy and the birthing process is a time of excitement and celebration for most parents however, it can also be a very dangerous time. Medical negligence by OB/GYNs may cause a variety of injuries.
A medical error by an OB-GYN could cause serious injuries to the mother or infant and could be the basis for a malpractice claim. The malpractice claims must be substantiated by a demonstration of professional duties, breach of those duties and causation as well as damages.Duty of Care
Obstetricians are accountable for ensuring that their patients are healthy and safe during pregnancy, childbirth, and labor. When these physicians fail to fulfill their professional obligations and injury or death results in their care, they could be held liable for the damages that their patients suffer. If you or someone you know was injured as filing a birth injury claim result of ob/gyn negligence, you should contact a medical malpractice attorney at Schochor Staton Goldberg and Cardea P.A. Our lawyers have experience the litigation of physician negligence cases and can help you determine whether you have a valid claim for compensation.
An ob/gyn who is liable for your injuries must not meet the standards of care. This is determined by looking at what a medical professional under similar circumstances would have done under similar circumstances, and determining if the defendant's behavior deviated from that standard. In many cases, an expert witness is required to provide an opinion as to what a reasonable OB-GYN would have done. This may involve reviewing the defendant's previous medical history, the records of your pregnancy, and any other relevant information.
Medical malpractice and negligence can take on many forms. Nurses, doctors and other health care professionals can all be responsible. Our firm is committed to representing people who have been affected by the negligence of a gynecologist and ensuring that they receive the amount of compensation they are entitled to.
Both the mother and child who suffer injuries due to negligent obstetricians will face substantial medical bills and loss of wages. In addition, victims of complications from obstetrics often suffer significant physical pain and suffering. We strive to ensure that our clients receive the maximum amount of compensation under Florida's medical malpractice laws. The lawyers at our firm are available to discuss your case no cost and with no commitment. Contact us or fill out our form online to schedule a confidential appointment. We provide services to clients in Fort Lauderdale, Miramar, Hollywood and Sunrise. Text and data rates may apply. By clicking submit, you agree to receive further texts from Schochor, Staton, Goldberg and cardea P.A.
Breach of Duty
Anyone who communicates with other people is bound to behave in a manner that is reasonable and not cause harm. For example, if you drive recklessly and crash into another vehicle, you may be held responsible for the damage the other driver has caused. This duty of care concept is the basis of negligence and malpractice claims against healthcare professionals.
Medical negligence and obstetrics malpractice can be defined as doctors who fail to provide care that meets the professional standards of care. To prove obstetric negligence, a lawyer must show that the defendant violated those standards and injured the plaintiff. This typically requires the help of experts in obstetrics who are able to analyze the circumstances and provide their opinions on what an experienced OB-GYN would have done in similar circumstances.
Many kinds of injuries can occur as a result of negligence or malpractice in the field of obstetrics. This includes wrongful death and birth injury attorney directory injuries (such as cerebral paralysis) or loss of fertility, and other serious health issues. If a woman's baby is born with an abnormality, she could also be suffering from emotional and mental trauma throughout her life.
Incorrect diagnosis or delay in diagnosis is the most frequent type of obstetrics malpractice. This can be caused by the use of insufficient tests, lack of follow-up care, or insufficient education on the part of the healthcare professional.
Other examples of obstetrics malpractice may include the use of a vacuum extractor or forceps in a negligent manner, the inability to respond to complications, and other mistakes that could result in knowledgeable birth injury attorney to the mother or the baby. In medical malpractice cases the defendants could include not only the obstetrician, but also clinics, hospitals and surgeons, as well as nurses and other medical staff. In the end, it's up to the jury to decide who is accountable for the damages given to the plaintiff who was injured. Therefore, it is crucial to hire a competent obstetrics negligence attorney. Ultimately, the damages awarded can cover hospital costs and lost income, medical bills and other financial expenses.
Causation
The pregnancy and childbirth process is one of the most important events in the life of a woman. Many women trust their obstetricians at this time to provide best possible medical care. There are always risks during pregnancy. However, the risk of injury is greatly reduced when medical professionals adhere to the appropriate guidelines of practice. However, when obstetricians fail to meet the requirements of this standard of care this can result in devastating injuries to the mother and baby. When this occurs, victims may file an OB-GYN malpractice claim to obtain compensation for their losses.
In any medical negligence case, it is crucial to have an attorney who is aware of the complex medical issues involved. Our lawyers have more than 200 years of experience holding OB/GYNs, hospital personnel, and other women's health care professionals accountable for their medical errors. In a typical OB-GYN malpractice suit an attorney will go through your medical records and speak with an expert in the field of obstetrics and Gynecology to determine the standard of care that was breached, the harm resulted from that violation and how it pertains to your particular situation.
A common OB/GYN malpractice situation involves the inability of the doctor to recognize and treat preeclampsia or gestational diabetic. These conditions are common during pregnancy and can result in serious complications for mother and baby if not treated promptly. A misdiagnosis of cervical cancer may cause an unnecessary hysterectomy as well as the loss of fertility.
A successful OB-GYN malpractice claim can result in both economic and noneconomic damages. The economic damages include medical expenses as well as lost income and pain and discomfort. Noneconomic damages include physical and emotional distress and diminished quality of life. Our OB-GYN malpractice lawyers can collaborate with your life-care planner to determine the full amount of your losses.
If you are facing an obstetric or gynecologic error claim stemming from a misdiagnosis, gross negligence during childbirth, or another kind of gynecological or obstetrical error Our team is prepared to assist you in pursuing justice that you deserve. We will discuss your options and analyze your case without cost to you.
Damages
When a woman is pregnant she places an enormous amount of trust in her doctor. Mothers visit their OB/GYNs more often than any other doctor and develop a close relationship with them during the course of pregnancy. Medical errors during labor and delivery can cause a rupture in these relationships. If an OB/GYN does not adhere to the appropriate standards of medical treatment this can lead to serious reliable birth injury lawyer injuries or death. A Syracuse Obstetric malpractice lawyer can help women who have suffered harm as a result of this kind of negligence claim compensation for their injuries.
Medical malpractice claims differ from traditional personal injury claims and the laws and rules differ from state to. In generally, the plaintiff must demonstrate that a medical professional did not provide services or treatment in accordance with what a health professional in similar circumstances would have performed. This is usually done by the use of expert testimony from an OB-GYN who is certified, who will assess the facts and offer an opinion about what an obstetrician might have done in a similar circumstance.
If the victim is able prove that she is liable, she can then recover both economic and noneconomic damages. Economic damages can include things such as medical bills, income loss, and the costs of ongoing therapy and rehabilitation. Noneconomic damages could include pain and suffering, emotional distress as well as loss of enjoyment and a decrease in the quality of life. In some instances, punitive damages can also be a possibility.
The OB-GYN malpractice attorneys from Mills, Mills, Fiely & Lucas have more than 200 years of combined experience holding hospitals, OB-GYNs, and other women's health specialists accountable for medical errors which cause death or injury. Contact us today to arrange a consultation with a Poughkeepsie OB/GYN malpractice attorney to discuss your legal options.
The body of a woman is put under extreme strain during pregnancy, delivery and postnatal. This is unfortunately one of the most hazardous times for the mother and child. The risks are exacerbated when health professionals do not adhere to acceptable standards of care.