(845) 303-1000OBGYN malpractice occurs when a gynecologist or obstetrician deviates from the conventional or accepted standard of medical care, and the patient sustains harm because of their negligence. As a well-versed medical malpractice attorney could attest, it may include carelessness or omissions during pregnancy care or childbirth, surgical procedures, or diagnosis and treatment, causing severe physical and psychological injuries.
It is essential to note that an undesirable outcome or a complication does not necessarily mean malpractice occurred, and certain elements must be present. For more information, schedule an appointment with a Kingston OBGYN malpractice lawyer from our firm.
Examples of Errors During Gynecological Surgery Procedures
Some examples of errors during gynecological surgery procedures that a Kingston attorney could help with include:
- Failure to recognize fetal distress
- Improper use of forceps and other mistakes during the birthing process
- Reproductive organ damage, such as the fallopian tubes, ovaries, or uterus
- Damage or perforation surrounding organs, such as the bladder, during surgery
- Inadequate sterilization techniques or pos-operative care leading to infections
- Foreign objects, such as surgical dressings or instruments, left in the patient’s body
- Complications, such as incontinence or fecal incontinence, from nerve damage to the bladder or bowel
- Excessive bleeding or other complications caused by improper techniques during hysterectomy procedures
Medical mistakes can cause substantial complications, organ damage, pain, loss of fertility, and many other health problems.
Establishing Liability
Specific components must be present to establish liability in OBGYN lawsuits for malpractice, and those include:
Duty of Care
One element of malpractice is a duty of care, which requires proving there was a doctor-patient relationship.
Breach of Duty
The next is a breach of duty, which requires demonstrating that the legal professional failed to provide adequate and acceptable medical care, causing a breach.
Causation
This element requires showing that the defendant’s breach was the cause of the patient’s injuries.
Evidence
The last is presenting evidence that the person sustained damages because of negligent care, such as physical and emotional psychological harm, medical costs, and lost salary
A Kingston OBGYN malpractice attorney could gather vital evidence, such as speaking with experts in the field and medical records, to build a case and collect a fair settlement.
Time Limit to File the Claim
State medical malpractice laws limit the time injured patients or their families must pursue legal action against a healthcare professional. According to information from the New York City Bar Association, the statute of limitations for OBGYN malpractice is two years and six months of the negligent act or the last treatment for an illness or injury. However, certain injuries or illnesses have varying timelines.
When the patient is a minor, they have ten years from the date of negligent treatment or care. For lawsuits resulting from failure to diagnose cancer, the patient has two years from the date they learn of the misdiagnosis to file. Those involving foreign objects left in the individual’s body have another year to file the civil claim when they discover the surgical error.
Wrongful Death Claims
When the malpractice leads to wrongful death, the family must file a complaint for damages within two years. An OBGYN malpractice lawyer in Kingston can provide specific and up-to-date statute and deadline information during the consultation.
Call a Skilled Kingston Attorney For Help With Your OBGYN Malpractice Case Today
OBGYN errors can cause patients preventable severe and lasting harm, requiring time off work, costly medical care, and pain and suffering. If you or someone you love has been hurt because of malpractice, you must hold the negligent healthcare professional accountable.
A Kingston OBGYN malpractice lawyer could handle the legal work, help you through the challenging process, and advocate for a just outcome. Call today to schedule a consultation and learn more.