Most of the time, OB/GYNs provide excellent care. When an OB/GYN doctor fails to adhere to their standard duty of care, though, patients can be put at risk of facing debilitating and sometimes even fatal injuries.

Many victims of negligent medical care decide to seek justice and compensation for their damages through the civil legal system, which the services of a Hudson Valley OB/GYN malpractice lawyer could be crucial to the successful pursuit of. Once retained, a skilled medical malpractice attorney may be able to help you get the compensation you deserve.

Reasons to File An OB/GYN Malpractice Case

OB/GYN physicians serve a variety of patients, including pregnant women and their unborn babies, women needing surgery or medical care, and babies while they are being born. There are numerous reasons why a patient might want to speak to a Hudson Valley OB/GYN malpractice attorney about filing a lawsuit, but typical rationales behind such cases include:

  • Maternal or fetal death
  • Failed tubal ligation
  • Flawed timing and/or performance of cesarean sections
  • Bowel perforations
  • Shoulder dystocia
  • Birth injuries
  • Medical instruments or sponges left in a patient’s body during surgery

What is ‘Reasonable Care’?

Physicians, no matter their specialty, are required to provide care that is prudent and reasonable. More specifically, their care should be the same or similar to what other physicians would provide under similar circumstances. When the care provided does not meet these standards, the physician may be considered legally negligent.

Negligent behavior alone does not give merit to a lawsuit, but careless or reckless actions that cause injuries and damages to a patient could. Under such circumstances, a patient may be entitled to receive monetary compensation for their damages.

Certificate of Merit Required for OB/GYN Cases

New York state law does not require screening by a panel to determine the merit of a malpractice case. However, it does require a certificate of merit, as per New York Civil Practice Law & Rules §3012-a.

What Does the Certificate of Merit Attest To?

The certificate of merit must attest to one of the following:

  • The attorney met with a minimum of one medical professional who, after reviewing the relevant facts of the case, concurs that the case has merit
  • Three separate attempts were made in good faith by the attorney to contact and consult with a medical professional about the validity of the case, but the attorney was unable to complete a consultation

If an OB/GYN malpractice lawyer in Hudson Valley is not able to complete the certificate of merit or meet its requirements prior to filing the lawsuit, a 90-day extension can be granted.

Retain the Services of a Hudson Valley OB/GYN Malpractice Attorney

A Hudson Valley OB/GYN malpractice lawyer could provide many services to you and your family, including gathering all of the evidence in the case—such as medical records and medical bills—to demonstrate your injuries and how they impact your life. It may even be possible to settle your case before it goes to trial, saving you a potentially difficult experience in the courtroom.

A skilled attorney can act as an advocate and ally during your case. To start your lawsuit against an OB/GYN, call today to schedule your case consultation.