(845) 802-0047Doctors in the field of obstetrics and gynecology are among those most often named in malpractice lawsuits. The American Medical Association (AMA) states that 70 percent of OBGYN doctors have been sued at least once, and 50 percent have been sued twice.
When it comes to female cancers, reproduction, and delivering healthy newborns, the stakes can be very high, as can the importance of seeking assistance from a qualified malpractice attorney. If you believe you are the victim of malpractice, consulting with an Albany OBGYN malpractice lawyer could be in your best interests.
What is OBGYN Malpractice?
A doctor who specializes in obstetrical and gynecological care is known as an OBGYN. Typically, they see women for various issues related to pregnancy, birth, and overall reproductive health.
When a physician specializing in this practice area fails to fulfill the applicable standard of care when treating a patient, they may be considered negligent and could be held liable by an Albany OBGYN malpractice attorney for any injuries that result. Possible examples of OBGYN malpractice include:
- Failing to properly manage complications during pregnancies or births
- Surgical errors including those during tubal ligations or c-sections
- Failure to diagnose certain conditions such as female cancers or birth defects
- Failure to refer a patient to a specialist when necessary
Plaintiff Liability in OBGYN Malpractice Cases
Attorneys for the defendant in a malpractice case may use different strategies in an attempt to decrease the liability of their client. Commonly, they purport that the plaintiff bears some liability for their own damages—because they did not follow the directions of their doctor, failed to report all of their symptoms, or did not report their symptoms promptly impacting the outcome, to name a few examples.
Can a Person Be Barred from Damages if They Were Partially Liable?
Under New York Civil Practice Law & Rules §1411, if a plaintiff is determined by a civil court to be partially responsible for their injuries, they would still be able to recover compensation so long as at least one other party bears liability as well. However, their recoverable compensation would be proportionately reduced by the degree of their responsibility. An OBGYN malpractice lawyer in Albany could further clarify how comparative fault may impact an individual plaintiff’s case.
Albany OBGYN Malpractice Plaintiff Damages
In a lawsuit, damages represent the ways a plaintiff has suffered in the past or might suffer in the future. Damages are used to calculate the financial compensation owed to the plaintiff.
Since OBGYN doctors often deal with pregnancy, birth, and cancers, damages for a malpractice case are often quite severe. Recoverable economic damages could include:
- Past and future lost wages
- Past and future medical bills
- Travel expenses to and from medical appointments
Non-economic damages might include:
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
Seek Assistance from an Albany OBGYN Malpractice Attorney
Becoming the victim of malpractice from your OBYGN could be life-altering in many ways, and you may wonder how to pay all of your medical bills or if your baby will ever recover from their birth injuries. By trusting an Albany OBGYN malpractice lawyer with your legal needs, you could receive the representation you need to recover potential damages in a lawsuit. If you are ready to learn about how an attorney could help you pursue recovery for your losses, call today to schedule your consultation.