Two of the greatest moments in a woman’s life should be pregnancy and childbirth. The joy and life-changing experience that a child brings is a special moment in any parent’s life. The arrival of a new family member can be exciting for everyone but when bad news strikes, tragedy can fall upon the family. Often time, these tragedies could have been avoided during pregnancy and childbirth.
The worse feeling is knowing that a medical professional’s negligence caused the injury. Medical providers like physicians, midwives, and nurses could have been neglectful in their actions. Along with medical malpractice of a mother of the baby, medical malpractice by a gynecologist can also occur. When a person gets hurt as a result, a medical malpractice claim can arise as a result for both cases.
What is an OB-GYN Medical Malpractice?
OB-GYN refers to either an obstetrician or gynecologist. When OB-GYN medical malpractice has been established, it refers to a mistake that occurred by either medical professional that could have been prevented had delicate care been taken. When a medical professional does not follow the standard of care that another similarly medical professional would have under the same circumstance, the medical professional can be sued for their negligence. If they fail to properly treat, diagnose, the follow-up to patients who seek their help, those can be grounds for a medical malpractice claim.
The OB-GYN Medical Malpractice Lawyers located in Miami understand how a woman goes to them seeking their help. They might have their annual visit to the gynecologist and the gyno fails to notice ovarian cancer, or a mother might suffer an injury as a result of failing to perform a C-section by an obstetrician. The firm has dealt with a vast number of OB-GYN malpractice cases.
OB-GYN Mistakes/Negligences that Constitute As Medical Malpractice
OB-GYN negligences/mistakes that can constitute a medical malpractice lawsuit can be due to the following:
This occurs when a doctor diagnosis either a baby’s condition or woman’s condition incorrectly. The signs and symptoms may be very similar to another condition. These can occur when a physician incorrectly reads lab results or fails to administer the appropriate tests. This could delay treatment.
OB-GYN Transvaginal Mesh Malpractice
Transvaginal mesh is used when a woman suffers from pelvic organ prolapse or stress urinary incontinence. This occurs when the organs drop from their normal position because the woman’s structure that supports them becomes weak. When an OB-GYN fails to properly implant the mesh, serious consequences can arise from the product.
OB-GYN Prenatal Condition Oversight
Sometimes, a woman can have present conditions that are life-threatening and the physician oversees it. When conditions like ectopic pregnancy or tubal pregnancy are not taken care of immediately, the mother can die as a consequence.
OB-GYN Surgical Errors
Most commonly, when a woman undergoes a cesarean procedure, the mother or infant can get hurt as a result. Some examples include leaving behind a foreign instrument after the removal of the baby or cutting through another organ.
OB-GYN Medical Malpractice Statistics
OB-GYN medical malpractice cases occur on a large scale. This is a breakdown of the percentage of different types of errors that OB-GYN’s get sued for:
- 22% of lawsuits against OB-GYN’s are due to failure to diagnose
- 15% of lawsuits against OB-GYN’s are due to failure to treat
- 3% of lawsuits against OB-GYN’s are due to a failure to follow safety procedures
- 36% of lawsuits against OB-GYN’s are due to an abnormal injury
OBGYN Medical Malpractice Lawsuit Verdicts
Untimely Performance of C-Section
In 2015, a mother and child sued the hospital where they failed to perform a C-section when is was found that an arrest of labor and fetal intolerance to labor was present. The C-section was delayed for over an hour. The plaintiff was awarded $9.6 million.
Surgical Error in Removal of Tumor
A 44-year old woman went to the hospital to remove a benign fibroid tumor. During the surgery, it was found that she had a lot of scar tissue near her bowel area. Instead of calling another surgeon to perform this complex operation, he attempted to do so himself. The physician unknowingly pierced her bowel and stitched her back up without repairing the She was ultimately awarded 1.637 million for negligence committed by the nursing staff and OB/GYN.
Wrongful Death Lawsuit
In 2009, a 64-year old woman went in for a routine procedure to remove an ovarian cyst. During the process, the physician pierced her bowel. The woman died 2 days after the surgery. The family was awarded $3 million.
OB-GYN Mistakes that a Baby Can Suffer
A baby can suffer severe damages when an OB-GYN(obstetrician) does not perform the standard of care at an above average quality. Not only can the mother suffer, but the unborn child as well. There are various types of injuries that a baby can endure due to an OB-GYN medical malpractice. Some of those injuries include:
- Cerebral Palsy
- Shoulder Dystocia
- Death, and
Injuries That Are Most Commonly Seen in Obstetricians/Gynecologists
Along with the injuries listed above that can occur in babies. These are the following common injuries that can occur to a woman:
- Tears in the vagina
- Hemorrhage after giving birth
- A uterus that is ruptured
- Tissue damage
- Nerve damage
- A ruptured placenta
- Fertility loss(damage to reproductive organs, and
When a woman becomes a victim of any of these medical malpractices, a victim can seek compensation through a Miami OB-GYN medical malpractice lawsuit.
How Can I tell Whether is it a Malpractice or a Birth Defect?
A birth defect can be contributed to various factors like genetic, environmental, and more. Although some birth defects can be the cause of exterior factors, some of the birth defects are caused when an OB-GYN does not give adequate prenatal care. There are technological advancements that can now treat and even correct child defects before the child is born. Also, many birth defects can be detected beforehand with adequate testing.
When an OB-GYN fails to perform the tests that are required to determine whether a child will be born with a defect or not, this is known as a failure to diagnose. When this occurs, the family can seek compensation through a medical malpractice claim. Many parents might choose not to have a child if they are aware of a birth defect, while others would like to prepare for it in advance. An OB-GYN needs to make sure that all necessary tests are done.
Miami OB-GYN Medical Malpractice Lawyers At Percy Martinez Law Firm
A woman’s reproductive system is something that needs to be checked on either once or twice a year. A woman may contract a medical condition in areas of their reproductive system that require either treatment or surgery. The reproductive system also serves as a child bearer. The best moment in a woman’s life is the day that she finds out she is pregnant. If an OB-GYN fails to provide efficient care to either the mother or baby, severe injuries and even death can occur.
The Miami OB-GYN medical malpractice lawyers in Miami have seen many tragic cases where an injury could have been prevented. The lawyers are determined to acquire the maximum compensation for any harms caused to a baby or woman during their treatment or care by an OB-GYN’s hands.
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