Obstetrics Negligence Attorney: A Simple Definition
An Obstetrics Negligence Attorney Can Help
Pregnancy and the birthing process are a time of excitement and celebration for many parents, but it is also extremely risky. Medical negligence by OB/GYNs can result in various injuries.
A medical error made by an OB-GYN can result in serious injury to the infant or mother and could be cause for a malpractice claim. Malpractice claims require a showing of professional duties, breach of those duties, causation, and damages.
Duty of Care
Obstetricians are responsible for the health and safety of their patients during labor, pregnancy and childbirth. When these physicians fail to perform their professional obligations and an injury or death results, they can be held liable for the damages that their patients suffer. If you or someone you love is injured by an the negligence of an ob/gyn, it is recommended that you seek out a qualified medical negligence attorney at Schochor, Staton, Goldberg and Cardea, P.A. Our lawyers are skilled in the litigation of physician negligence cases and can help you determine whether you have a valid claim for compensation.
To be held responsible for your injuries, your ob/gyn needs to have fallen below the standard of care in your situation. This is determined by looking at what an expert medical professional in similar circumstances would have done in similar circumstances, and then determining if the conduct of the defendant differed from the standard. In most cases an expert medical professional will be asked to give an opinion on what an acceptable OB/GYN would have done. This could involve reviewing the history of the defendant as well as your pregnancy records and other relevant details.
Medical malpractice and negligence can take many forms. Doctors, nurses, and other health professionals can all be accountable. Our firm is committed to representing clients who have been impacted by the negligence of a gynecologist and ensuring they receive the justice they deserve.
Both the mother and child who are injured by negligent obstetricians will face massive medical bills and lose wages. In addition to physical pain and suffering, those who suffer from obstetrical errors typically suffer significant financial losses. We work hard to ensure our clients obtain the maximum amount of compensation permitted under Florida's medical malpractice laws. Our attorneys injurys are available to review your case with no obligation or cost. Just call or submit our online form to request a an appointment that is confidential. We offer services to clients in Fort Lauderdale, Miramar, Hollywood and Sunrise. Rates for data and text messages could apply. By clicking submit you agree to receive further text messages from Schochor Staton Goldberg and Cardea, P.A.
Breach of Duty
Anyone who interacts with people owes them a duty to behave in a fair manner and not cause injury or harm. For example, if you drive recklessly and crash into another vehicle, you could be held responsible for the damage the other driver has caused. This principle of a duty of care is at the core of malpractice and negligence claims against healthcare professionals.
Medical negligence, and obstetrics negligence, in particular, is defined by a doctor's inability to provide care that is in line with professional standards of care. To prove obstetrical malpractice, the lawyer must demonstrate that the defendant departed from those standards and caused injury to the plaintiff. This is typically done with the assistance of obstetric experts who will examine the circumstances and offer their opinion on what a competent OB/GYN should do in similar situations.
A variety of injuries could be caused by obstetrics negligence or malpractice. This includes wrongful deaths, birth injury (such as cerebral paralysis) and loss of fertility and other serious health conditions. If a baby girl is born with a defect, she could also be suffering from emotional and mental trauma for the rest of her life.
The most frequent type of obstetrics-related malpractice is a misdiagnosis or delay in diagnosis. This may be due to the inability to perform tests, a lack of follow-up care or inadequate training on the part of a healthcare professional.
Other instances of obstetrics negligence could involve the use of a vacuum extractor or forceps in a negligent manner, a lack of response to complications, and other mistakes that can lead to injury law firm to the mother or baby. The defendants in a case of medical negligence may include not just the obstetrician, but also hospitals, clinics and surgeons, nurses and other medical professionals. In the end, it's up to the jury decide who should be held liable for the damages that are awarded to the plaintiff who has suffered. It is therefore important to work with an experienced obstetrics lawyer. In the end, the damages awarded may be used to pay for hospital expenses, medical bills, lost income and other financial losses.
Causation
The process of pregnancy and childbirth is one of the most significant moments in a woman's lifetime. Many women trust their obstetricians during this time to provide the most effective medical care. While there are always risks associated with pregnancy, the chance of injury attorney is greatly reduced by a medical professional who adheres to the correct standards of practice. When obstetricians do not meet this standard, it can cause devastating injuries to both mother and child. Victims can file an medical negligence claim against a OB-GYN to claim compensation.
As with any medical malpractice case, it is essential to have an attorney who is knowledgeable of the intricate medical issues involved. Our lawyers have more than 200 years of experience in holding OB/GYNs, hospital staff, and other women's health professionals accountable for their medical errors. In a typical OB/GYN malpractice lawsuit, a lawyer injury will review your medical records and speak with an expert in the field of obstetrics & gynecology to determine the standard of care violated, the harm that was caused by that deviation, and how this pertains to your particular situation.
A typical OB-GYN malpractice claim involves the failure to properly diagnose and treat preeclampsia or gestational diabetes. These conditions are commonplace during pregnancy and can lead to grave complications for both mother and baby if not treated promptly. A misdiagnosis can cause an unneeded hysterectomy, or loss of fertility.
A successful OB-GYN malpractice lawsuit could result in financial and noneconomic damages. Economic damages can include medical bills loss of income, pain and discomfort. Noneconomic damages may include the loss of enjoyment, physical and emotional distress and a decrease in the quality of life. Our OB/GYN malpractice lawyers are able to collaborate with your life planner to assess the full scope of your losses.
Our team is prepared to assist you in seeking justice for your obstetrical or gynecologic error. Set up a meeting with our office and we will evaluate your case free of charge and discuss your options to seek compensation.
Damages
When a woman is expecting, she puts an enormous amount of confidence in her obstetrician. Mothers visit their OB/GYNs more often than any other doctor and form a close relationship with them during the course of pregnancy. Unfortunately, these relationships can be shattered by medical errors in labor and delivery. When an OB/GYN doesn't adhere to proper standards of medical care, it can result in serious birth injuries or death. A Syracuse attorney for obstetrical malpractice can help women who have suffered harm as a result of this kind of negligence to recover compensation for their injuries.
A medical malpractice claim is different from a traditional personal injury case, and the rules and laws differ by state. In general, the plaintiff has to demonstrate that a medical professional failed to provide services or treatment in accordance with what a different health care professional under similar circumstances would have performed. This is usually done through the assistance of an expert from a board-certified OB-GYN who will evaluate the evidence and offer an opinion about what an obstetrician who is in a similar situation would have done.
If the victim is able prove that she is liable, she can then seek damages, both economic and noneconomic. Economic damages are things such as medical expenses, loss of income and the cost of ongoing therapy and rehabilitation. Noneconomic damages can include pain and suffering emotional distress as well as loss of enjoyment and a diminished quality of life. In certain cases punitive damages could be available too.
The OB-GYN malpractice attorneys from Mills, Mills, Fiely & Lucas have more than 200 years of experience holding hospitals, OB-GYNs and other women's health care specialists accountable for medical errors that cause injury or death. Contact us today to schedule a consultation to discuss your legal options with a Poughkeepsie OB/GYN Malpractice Attorney.
Through the prenatal period, labor and delivery, and postnatal time the body of a woman is put under extreme stress. This is unfortunately one of the most dangerous periods for the mother and child. The risk is increased when doctors and other health care professionals fail to follow the acceptable standards of care.