OB-GYN Malpractice

When you go to see your obstetrician or gynecologist, you put your trust in their ability to take care of you and your baby. Sometimes mothers go to an obstetrician during a pregnancy more often than they ever visit other doctors over the course of their lives. During the nine months in which they see their OB-GYN for their pregnancy, mothers often develop a strong bond with their doctor. However, if something goes wrong during labor or delivery, the result can be a serious birth injury or wrongful death. If you experience harm as a result of OB-GYN malpractice, you should consult a skillful Syracuse medical malpractice lawyer. At DeFrancisco & Falgiatano, we can look at your situation and determine whether you have a viable claim.

Some mistakes by an OB-GYN have an immediate impact, while others develop over time or become visible over time. The impact of a mistake can be devastating to a family and result in substantial financial costs. Errors can include misinterpretation of an ultrasound, errors in managing the pregnancy, errors in managing a complication of the pregnancy such as gestational diabetes, failing to administer appropriate genetic tests, failing to perform a C-section, performing an unnecessary C-section, delaying to treat fetal distress, medication errors, errors in a vaginal delivery, or an OB-GYN pulling too hard during a vaginal delivery, which results in Erb's Palsy.

Obstetricians and gynecologists are trained to recognize fetal distress and respond appropriately and quickly. A failure to respond appropriately can result in any number of birth injuries, including blindness, speech problems, developmental delays, or cerebral palsy, and it can also result in harm to a mother. In some extreme cases, OB-GYN malpractice results in the death of the mother or the child.

Not every OB-GYN error is considered malpractice. To be medical malpractice, the error must involve a deviation from the accepted standard of care that causes injuries to the baby or the mother (or both). In most cases, it is necessary to retain a board-certified obstetrician or gynecologist to look at whether there is a reasonable basis to bring the case against the defendant or defendants. The same board-certified OB-GYN expert may provide testimony on the issues of the case, such as what the professional standard of care was under the circumstances, whether the doctor deviated from it or made an error, and whether the error is what caused the injuries.

For example, it may be the standard of care for a doctor delivering twins for a woman who has gestational diabetes to deliver them early using a C-section. A doctor who allows the twins to go to term and have a natural delivery may risk their being too large and face the possibility of shoulder dystocia or other complications during the vaginal delivery. In these cases, it would be important to have the expert testify about what the defendant should have done under the circumstances and how the injuries to the twins were caused by the doctor's failure to do that.

Both a mother and a child may have medical malpractice claims after an OB-GYN error. You can recover both economic and noneconomic damages if you successfully establish liability for medical malpractice. Often, in birth injury cases, it is possible to recover medical bills, loss of enjoyment, therapy, rehabilitation, and in some cases, emotional distress for the parents. You may also be able to recover damages for your own injuries, and these could include medical bills, lost wages, loss of enjoyment, and pain and suffering. What you can recover will depend on which losses you are able to prove by a preponderance of the evidence.

If you are injured because of a negligent obstetrician or gynecologist, our law firm may be able to help you recover damages from responsible parties. Our attorneys represent injured patients in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, Lyons, and all of Upstate New York. Call us at 833-200-2000 or contact us via our online form.