Obstetrician-gynecologists (OB-GYNs) care for expectant mothers during the course of their pregnancy, in part to identify any concerning health issues and to reduce the risk of harm for both the mother and her child. When an OB-GYN fails to take appropriate steps to protect a woman or her unborn child during pregnancy or delivery, however, it can cause devastating birth injuries. If you or your child suffered harm due to negligent care provided by an OB-GYN, you may be able to pursue a legal case. The skillful Cape Cod medical malpractice lawyers of the Law Offices of John C. Manoog, III, can assess the circumstances surrounding your harm and advise you of whether you have a viable claim for damages. We have more than fifteen decades of collective experience helping injured parties in the pursuit of damages, and we have recovered numerous multimillion-dollar settlements and verdicts for our clients through our diligent representation.Common Examples of OB-GYN Malpractice
Generally, harm caused by an OB-GYN arises out of the failure to sufficiently monitor a patient or the failure to diagnose an underlying illness. Specifically, if an OB-GYN does not conduct appropriate laboratory or diagnostic tests during the course of a pregnancy, dangerous health conditions such as gestational diabetes or preeclampsia may go undiagnosed, which can ultimately cause the mother to suffer serious complications. Additionally, if an OB-GYN fails to diagnose a congenital defect in an unborn child, it can cause delays in treating the defect, which can result in permanent impairments. Additionally, many birth injuries are caused by an OB-GYN’s negligence during labor and delivery. For example, if a doctor fails to perform a C-section in time, the child may suffer a lack of oxygen, which can cause cerebral palsy and other neurological and cognitive deficits. Other avoidable injuries children may suffer at birth include clavicle fractures, hemorrhages, and Erb’s palsy. In addition to injuries suffered during pregnancy or delivery, a negligent OB-GYN can also cause harm through an improperly performed procedure, such as tubal ligation or dilation and curettage.Elements of an OB-GYN Malpractice Case
If an OB-GYN commits a medical error that harms a patient during the course of treatment, the patient may be able to recover damages via a medical malpractice claim. Generally, a plaintiff alleging malpractice must demonstrate that the defendant had a duty to provide treatment commensurate with the standard of care, but that the defendant’s actions or failure to act constituted a breach of the standard. The standard of care that applies in an OB-GYN malpractice case is the care that a competent OB-GYN with similar training and experience would provide under the same circumstances. In most cases, the plaintiff will have to retain a medical expert to testify regarding the standard of care and the manner in which the defendant’s behavior breached the standard. The plaintiff must also show that the breach proximately caused the plaintiff’s harm. In other words, it is not sufficient to merely establish a breach of the standard. Instead, the plaintiff must demonstrate a causal connection between the breach and the plaintiff’s harm, which typically requires expert testimony as well. A seasoned medical malpractice attorney can help you identify an expert to testify in your case.
A plaintiff that successfully proves a defendant’s liability in an OB-GYN malpractice case may be awarded damages for the cost of any medical treatment needed due to the harm caused by the OB-GYN, including surgery, prescriptions, and assistive devices, as well as out of pocket expenses. If the harm caused by the defendant’s malpractice rendered the plaintiff unable to work, he or she may be awarded compensation for lost wages as well. Additionally, the plaintiff may be awarded damages for the pain and suffering caused by the defendant’s negligence.Speak with a Medical Malpractice Lawyer in Cape Cod
When an OB-GYN fails to provide adequate care, it can result in lifelong harm. If you or your child were injured by the negligence of an OB-GYN, you can speak with legal counsel regarding your potential claims. The attorneys of the Law Offices of John C. Manoog, III, are adept at navigating the complexities of medical malpractice cases, and we can craft compelling arguments on your behalf to help you pursue any damages you or your child may be able to recover. We have recovered millions of dollars in compensation for our clients, and proudly maintain a record of favorable verdicts. We represent injured parties in cases in Cape Cod, and we can meet for consultations in Hyannis and Plymouth. You can reach us via our form online or at 888-262-6664 to set up a meeting. Nós Falamos Português.