Originally published: March 10, 2020 — Updated: December 28, 2021
UPDATE: While the errors described below may be considered medical malpractice, victims who have suffered injuries in these situations will need to understand the steps they will need to follow to ensure that they can receive compensation for their injuries. To successfully pursue a medical malpractice claim, a person will need to prove all of the following elements:
The doctor owed the patient a duty of care – Once a doctor-patient relationship has been established, a doctor will be required to meet certain standards when providing medical treatment. This duty of care applies in any situations where an OBGYN or other provider performs medical services at a doctor’s office or hospital.
The doctor failed to provide adequate medical care – An OBGYN may deviate from the proper standards of care if they fail to follow the correct procedures or take the actions that a reasonably competent medical provider would take in the same situation. The errors described below are some examples of deviations from the standard of care, but there are a variety of other ways that an OBGYN may fail to provide proper care and treatment.
The deviation from the duty of care resulted in injuries – A patient must have suffered harm due to a doctor’s errors. Injuries may include complications resulting from surgical errors, health issues that were not addressed correctly due to a misdiagnosis, or other issues that affect a patient’s health and well-being.
The patient suffered damages as a result of the doctor’s errors – A patient’s injuries must have resulted in quantifiable losses. These may include additional medical treatment that was required and other issues that affected a person financially, as well as the physical and emotional pain and suffering a person has experienced.
It can sometimes be difficult to prove all of these elements, but by working with an experienced attorney, victims of medical malpractice can provide the necessary evidence and ensure that they will be compensated for their damages. To get legal help with these issues, contact our Decatur medical malpractice lawyers today at 888-826-8682 and set up a free consultation.
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Nobody should ever have to worry about being harmed due to a medical mistake made by an obstetrician/gynecologist (OBGYN). However, medical mistakes are not uncommon in the United States, particularly by OBGYNs. A study mentioned by the American Medical Association (AMA) shows that OBGYNs and general surgeons are at the greatest risk of facing medical malpractice lawsuits. The study cited shows that surgeons and OBGYNs are three-and-a-half to four times as likely to be sued than psychiatrists and pediatricians (they faced the lowest risks of medical malpractice lawsuits).
5 types of OBGYN medical malpractice
There are various ways that an OBGYN can create serious medical problems for a mother or a child. Complications that arise during regular screenings, pregnancy, or birth can be devastating for families.
1. Misdiagnosis regarding pregnancy
OBGYNs have an incredibly important job when it comes to recognizing important pregnancy markers and performing all recommended tests during pregnancy. Failing to do so could result in an incorrect diagnosis or a failure to treat a mother or child, leading to serious injury or death.
2. Non-pregnancy related misdiagnosis
Not all OBGYN patients are pregnant, as many women make a point to regularly see their OBGYN, similar to the way they see their primary care physician. The gynecological side of OBGYN handles the health of a woman and the health of her reproductive system. Women are susceptible to certain types of reproductive cancers and other health issues related to their reproductive organs. If any of these illnesses go untreated or undiagnosed, serious health issues can arise.
3. Pregnancy surgical errors
There are various types of surgeries related to pregnancies, including caesarean sections (C-sections) and tubal ligation (getting tubes tied). In general, these procedures are seen as routine. However, as with any routine surgery, there are risks. If a surgeon makes a mistake while operating on a pregnant mother or during the birthing process, serious injury or wrongful death could occur to the mother, child, or both.
4. Birth injury
During labor, both the mother and child require close and continual monitoring. An OBGYN must be especially diligent in monitoring the oxygen levels and heartbeat of an unborn child. Any birth injuries can lead to severe brain damage or other physical injury that could lead to the child requiring specialized care for their entire life. Some of the most common mistakes that can occur during birth can include the misuse of forceps while delivering a child as well as a failure to identify complications with the umbilical cord (this can lead to a deprivation of oxygen to the child).
5. Mistakes with medicines
An overwhelming number of patients experience errors with their medication. This can include a patient not receiving the correct medication, receiving the wrong dosage of their medication, or even not receiving their medication at all. When a medication error is made by a healthcare professional, a pregnant woman and her child can both sustain serious injuries. OBGYNs must be aware of their patient’s complete medical history before prescribing medication and should continually monitor their patient after prescribing any new medications.
OBGYNs are also responsible for a woman’s birth control options, including medications and intrauterine devices. Proper prescription and use of these medications are vital for a woman’s health, and any mistakes made by an OBGYN can lead to damage to a woman’s reproductive organs or her overall health.
Sources:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/
https://www.medicalnewstoday.com/articles/248175