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A women’s health doctor is also known as an obstetrician-gynecologist, or OB-GYN. The obstetrics part covers pregnancy, while the gynecologist part describes the female reproductive system. When a woman is thinking about getting pregnant or is pregnant already, she will go to her OB-GYN with questions and concerns, as well as ensure that she is healthy enough to carry a baby.
When you’re pregnant, the OB-GYN will check you and your baby and ensure that there are no health issues going on. They will use sonograms, order blood and urine tests for you, check your baby’s position and growth, and prepare for you for birth. When birth happens, they will perform emergency interventions as needed, or deliver the baby naturally or through C-section depending on the situation.
OB-GYN malpractice occurs when an OB-GYN breaches their duty of care, is negligent, and this negligence leads to you and/or your baby getting sick or injured.
Symptoms of OB-GYN Malpractice Birth Injuries
If you experience any of the following illnesses during pregnancy and your OB-GYN did not tell you about them or let you know how to properly treat them, then this could classify as malpractice:
- Preterm labor
- Gestational diabetes
- High blood pressure
These illnesses could lead to your baby’s birth injuries. If your baby has any of the following illnesses or injuries, then OB-GYN malpractice may have been at play:
- Facial paralysis
- Cerebral palsy
- Brain damage
- Spinal cord injury
- Birth asphyxia
- Brachial plexus palsy
- Hypoxic Ischemic Encephalopathy
- Complications from a vacuum/forceps extraction
- Infant hematoma
Of course, there are other birth injuries that may have occurred – these are just a few.
Treatment for OB-GYN Malpractice Birth Injuries
The treatment for OB-GYN malpractice birth injuries will range depending on how severe the condition ends up being. Brachial plexus palsy, for instance, could heal after two years and with treatment like range-of-motion exercises at physical therapy appointments as well as massages.
If a baby is born with brain damage, then they may need lifelong care. They could have to go on anticonvulsants and sedatives, use medical equipment like a wheelchair and crutches, and have to go to occupational, speech, and physical therapy. In more serious cases, they may need surgery.
When a baby has birth asphyxia, then they may need to undergo a process called neonatal therapeutic hypothermia, also known as cooling treatment. Doctors will lower the baby’s body temperature to 91.4 degrees Fahrenheit for 72 hours in order to decrease the risk of disability or death.
How Do I Know if OB-GYN Medical Malpractice Caused Birth Injuries?
While you may suspect that your OB-GYN was negligent, the only real way to find out if their actions amount to medical malpractice is to call an experienced birth injury lawyer.
However, if your OB-GYN did not perform routine tests while you were pregnant, did not inform you about your risks during pregnancy, delayed delivery when you needed to deliver right away, failed to perform a C-section, used forceps or vacuum extractors with too much force, or did not properly monitor your baby when you were giving birth, then you may have a case.
Unfortunately, it’s very hard to prove medical malpractice. The legal system holds it to a high standard because if it were easy to sue your doctor, everyone would do it. Then, nobody would want to go into medicine. But if you have the right proof such as medical records, witness statements, photographs of injuries, and expert testimonies, then you may be able to prove OB-GYN malpractice and win your case, along with a settlement.
How Much Will I Receive From an OB-GYN Malpractice Settlement?
If malpractice did occur, then you may be entitled to compensation for damages such as:
- Medical bills
- Loss of companionship and enjoyment of life
- Pain and suffering
- Future medical care
- Loss of earning capacity
The type of damages you receive as well as the amount of the damages are going to depend on the severity of the injuries that your baby experienced. Your damages would be higher if your baby needs medical care for the rest of their life, for instance. If your baby’s condition healed on its own without medical intervention, then your settlement would be lower.
Settlement Offers in an OB-GYN Malpractice Case
When you contact a qualified birth injury lawyer, they will be able to calculate your economic damages, which would include any past, current, and future medical bills, along with noneconomic damages like pain and suffering and loss of enjoyment of life.
Your lawyer will collect any evidence you have as well as gather evidence that you could not collect on your own (such as medical records). Then, they will calculate the damages and reach out to the defendant, who is your OB-GYN, to hopefully reach a settlement.
A few things could happen from that point. Your OB-GYN may accept your settlement offer and pay you the compensation you deserve. They might negotiate the settlement, or they may reject your offer altogether. If they try to offer you something less than you deserve, you can always ask your lawyer to go back and renegotiate. If they reject your offer, then you can take them to court.
Usually, these cases do not end up in court. It’s embarrassing for an OB-GYN to be put on trial for medical malpractice and could end up doing a lot of damage to their reputation. It may be easiest for them to just settle instead.
Why Contact a Birth Injury Lawyer?
You need to rest and relax right now after experiencing trauma on what was supposed to be one of the happiest days of your life. You also need to take care of your baby and your family. Although you believe medical malpractice did occur, you don’t have the time, energy, or expertise to prove it. A birth injury lawyer will do all the work for you so you can focus on what matters most.
OB-GYN Malpractice Birth Injury Attorneys
If you need help with your OB-GYN malpractice birth injury lawsuit, we are here for you. All you need to do is get in touch with birth injury lawyers Gilman & Bedigian today.
Contact Gilman & Bedigian 24/7 for a free consultation at (800) 529-6162.