Most people don’t expect a mishandling situation from their healthcare professionals. Unfortunately, mistakes happen due to negligence during duty. When a gynecologist commits malpractice, it can cause devastating harm to both the mother and the baby.
If you are facing such situations, you should know how the legal system operates under the gynecologist malpractice claims. As much as the emotional turmoil as a patient you would go through or as someone close to the patient, keep in mind that holding the at-fault party accountable is essential.
How does gynecologist malpractice usually happen?
A competent doctor fulfills their standard of medical care, which always ensures the patient’s well-being. When a gynecologist or an obstetrician fails to meet this standard of care, it results in causing harm to the mother or, occasionally, the baby.
The negligence in gynecologist malpractice usually arises from misdiagnosis, surgical errors, and mishandling of childbirth and routine exams.
Common OBGYN malpractice cases
Errors usually can happen during routine visits or emergency procedures.
Misdiagnosis or delayed diagnosis
Failing to diagnose conditions like ectopic pregnancy and preeclampsia, and also uterine, cervical, or ovarian cancers.
Surgical errors
Mistakes made during hysterectomies or laparoscopic procedures that can damage organs.
Inadequate prenatal care
Failing to monitor and respond properly to warning signs for complications and risk factors during prenatal care.
Infection errors
Infection errors include the failure to treat infections after childbirth and surgery, as well as the administration of incorrect medications.
Sterilization errors
Sterilization errors are caused by improper sterilization procedures and failing to ask the patient’s consent.
How negligence can be proved
In a doctor-patient relationship, the doctor breached their standard duty of care, which led to the patient’s injury, and the patient suffered damages like physical harm and financial losses. This is the standard way to prove negligence in gynecologist malpractice.
We’ll discuss some of the steps involved in proving negligence that are endemic to gynecologist malpractice cases.
The responsibility falls on you to provide evidence
In gynecologist malpractice or any medical malpractice cases for that matter, the patient must be the one to prove that the healthcare professional’s negligence caused their injury with sufficient evidence. The burden of proof is entirely on the patient.
Obtaining evidence like medical records can be a time-consuming process. With a proper attorney’s help, you can get records, as they are key evidence. Medical bills, witness statements if there were any, and photos of your condition and injuries can be evidence too.
Consult with medical experts
A medical expert can assess your injuries and medical evidence first. Then, the expert provides a testimony that outlines the appropriate standard of care, explains how it was breached, and calculates the damages for your compensation.
The expert’s role here is to provide an objective opinion and make you understand the nature of your case.
The statute of limitations in your state
A legal timeframe within which you have to file a case is the statute of limitations. Each state has its own statute of limitations. For medical malpractice cases, which include gynecologists too, it is usually 1 to 3 years from the date of the injury, but the timeframe differs from state to state.
States like Kentucky and Ohio have 1-year statutes of limitations, while states like Colorado, Arizona, and Illinois have 2-year statutes of limitations.
Seeking compensation
If your claim is successful, you can be entitled to the compensation you deserve for economic damages like medical expenses and lost wages and non-economic damages like pain and suffering.
Choose the right attorney to guide you through
Hire an experienced gynecologist malpractice attorney to protect your rights during your claim procedures. A right attorney can understand the extent of your damages and fight for the compensation you deserve.
Key Takeaways
- When an OBGYN doctor breaches their standard duty of care, gynecologist malpractice happens.
- Delayed diagnosis, surgical errors, infection errors, inadequate prenatal care, and sterilization errors are common OBGYN errors.
- The burden of proof falls on the patient to provide in medical malpractice.
- Consult a medical expert who can determine how the duty was breached.
- Understand how the statute of limitations works in your state for medical malpractice.
- You can seek both economic and non-economic damages for a gynecologist’s malpractice.
- Choose the right attorney to protect your rights and get the compensation you deserve.