Was My OB/GYN Negligent and Can I Sue?

Pregnancy and childbirth can be some of the best experiences that parents can have in their lives. Unfortunately, having a negligent OB-GYN can result in life-altering mistakes. A mistake by an OB-GYN may cause birth injuries, life-long health problems for the mother, and even death. Understanding your legal rights is absolutely vital when using the services of an OB-GYN.

How Often Are OB-GYNs Sued?

According to an AMA report, patients are often displeased with the services of their OB-GYNs. The report found that almost 70 percent of OB-GYNs had been sued during their career. The same report found that half of these medical professionals had been sued multiple times for malpractice.

Why Do OB-GYNs Get Sued?

The leading cause of malpractice lawsuits for all doctors is a failure to diagnose. For OB-GYNs, this can be a failure to diagnose a severe condition that would have required a different procedure in labor. It could also be a failure to diagnose a potentially fatal condition in either the mother or the child.

Misdiagnosing Birth Defects

When any doctor commits a misdiagnosis on a patient, they may be sued in a medical negligence suit. The reason for the severity of the action in the case of the doctor's mistake is the fact that a misdiagnosis can result in severe consequences for the patient.

An OB-GYN is trained in a variety of advanced tools that are able to diagnose a potential birth defect in a fetus. The CDC recommends heavy screening during the first and second trimesters to screen for the following birth defects:

• Chromosomal disorders, including Down syndrome
• Heart defects
• Neural tube defects, including spina bifida
• Genetic problems, such as cystic fibrosis

Failure to screen adequately may result in a medical negligence claim. If your child was born with one of these conditions without a previous diagnosis, you may wish to contact an attorney for information about how to file a birth injury lawsuit.

Failure to Diagnose Ectopic Pregnancies

An OB-GYN is supposed to be able to diagnose an ectopic pregnancy. This type of pregnancy occurs when the fertilized egg attaches itself outside of the uterus wall. This pregnancy cannot thrive, and the mother can experience fatal internal bleeding if the condition is not treated properly.

Non-Pregnancy Medical Malpractice Lawsuits Against OB-GYNs

An OB-GYN is responsible for providing general healthcare to women. Although many of these women are experiencing pregnancies, some of them are not. These women go to an OB-GYN for general check-ups, birth control, and cancer screenings. An OB-GYN typically screens for the following cancers:

• Breast
• Ovarian
• Uterine

Failure of the OB-GYN to catch these conditions during what should have been routine testing can be considered negligence and may result in a medical negligence suit.

Surgical Mistakes

OB-GYNs may be charged with committing surgical malpractice against both pregnant and non-pregnant women. Common surgeries for pregnant women include C-sections, tubal ligation, and failed tubal ligations. Any of these surgeries can result in potentially life-threatening complications. As a result, errors committed in these surgeries may provide the grounds for a medical malpractice lawsuit.

For non-pregnancy women, hysterectomies, cyst removals, and bladder surgery are the most common surgeries. Many of these surgeries are effective tools against fighting cancer, and if the proper standard of care is not achieved, then the OB-GYN may be liable for medical malpractice.

The aftermath of medical negligence from an OB-GYN can be devastating or even fatal. Contacting an experienced attorney to discuss your options can ensure that your family's rights and long-term health are protected. It’s worth exploring all your options when you’re facing medical bills and the cost of ongoing treatment.

(Devdiscourse's journalists were not involved in the production of this article. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)