(845) 303-1000When they fail to provide the standard of care, OBGYNs have the potential to cause devastating harm. Whether this is failing to diagnose reproductive cancer or causing an injury during childbirth, malpractice can lead to serious, life-altering complications. A Troy OBGYN malpractice lawyer could help you determine whether you have a strong legal case. Filing a malpractice lawsuit holds your OBGYN accountable for their negligence and can help you pay for the care you or your loved one needs after the injury. Your dedicated medical malpractice attorney will guide you through the process.
When Does an Injured Person Need an OBGYN Malpractice Lawyer?
If a patient suspects their doctor committed malpractice, consulting a Troy attorney with experience in OBGYN cases is often a necessary first step. Not all medical errors amount to malpractice. To file a lawsuit, the OBGYN must have failed to provide the level of care that another similarly trained doctor would offer in a comparable setting. Because OBGYNs are specialists, their conduct is measured against that of other OBGYNs working in similar hospitals or private practices. For instance, a doctor is not liable for failing to diagnose cancer that causes no symptoms and does not appear on standard screenings. The error must also cause actual harm. If an OBGYN makes a delivery error that does not injure the mother or child, there is no legal claim. Additionally, the harm must have been avoidable. Certain conditions, such as severe pregnancy complications or aggressive cancers, may result in injury or death even with appropriate care. Because of these complexities, patients and their families may struggle to determine whether the doctor acted appropriately.
What Compensation Could Be Awarded in an OBGYN Malpractice Lawsuit?
An injured person may recover both economic and non-economic damages in an OBGYN malpractice lawsuit. Economic damages aim to restore the person’s financial position and may include lost wages, medical expenses, and costs for replacement services like childcare or house cleaning. If the injury prevents the person from returning to work, they may also pursue compensation for lost future earnings.
Non-economic damages cover physical pain, emotional distress, and loss of enjoyment of life. Troy OBGYN malpractice attorneys typically work on a contingency fee basis, collecting a percentage of any awarded compensation. New York Judiciary Law Section 474-A caps attorney fees at 30 percent of the first $250,000 recovered, with lower percentages applying as the total award increases.
Discuss Your OBGYN Malpractice Case With a Lawyer in Troy Today
If you or a loved one suffered complications because of a medical mistake, a Troy OBGYN malpractice lawyer could help you assess your options. It is difficult to determine whether you have grounds for a lawsuit on your own. Your attorney will guide you through the process and help you get the compensation you need to ease your financial stress while holding your doctor accountable for their actions.
Contact us today to schedule your free consultation.