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When you choose an OB-GYN, you are making an important decision based on trust, experience, and the expectation you and your unborn child will be taken care of. When this trust is broken due to the failure to properly care for you and your child, you are entitled to partner with a trusted OB-GYN malpractice attorney and file a medical malpractice claim for financial justice and compensation.
The consequences of medical malpractice are often profound, affecting the physical and emotional well-being of patients and their families. Law firms that have decades of experience in medical malpractice cases, like Davis & Davis, play a crucial role in helping victims navigate the complexities of these cases, seeking justice and compensation for the harm suffered due to medical negligence.
What Are Examples of OB-GYN Malpractice?
OB-GYN medical malpractice encompasses a range of errors or negligent actions committed by obstetricians and gynecologists, which can result in harm to a baby or mother. One common example is misdiagnosis or delayed diagnosis of conditions like ectopic pregnancies or preeclampsia. These conditions, if not identified and treated promptly, can lead to serious health complications, including infertility, severe organ damage, or even death.
Another frequent issue is surgical errors during procedures such as cesarean sections, hysterectomies, or other reproductive surgeries. These errors can include improperly performed surgeries leading to excessive bleeding, infection, or injury to nearby organs. Additionally, improper fetal monitoring during pregnancy and childbirth is a significant concern. Failure to detect fetal distress can lead to birth injuries, including cerebral palsy or Erb’s palsy, which have long-term impacts on the child’s health.
Moreover, the failure to perform a timely cesarean section or improper use of delivery tools like forceps or vacuum extractors can result in severe injuries to both the mother and the baby.
How is Fault Established After an OB-GYN Malpractice Injury?
Establishing fault after an OB-GYN malpractice injury hinges on proving that the healthcare provider deviated from the accepted standard of care. This involves demonstrating that the actions or inactions of the OB-GYN were not in line with what a reasonably competent professional would have done under similar circumstances.
For instance, if an OB-GYN fails to diagnose a critical condition like preeclampsia and this leads to patient harm, it could be grounds for establishing fault. The process typically requires a thorough review of medical records, expert testimonies, and a detailed understanding of medical practices relevant to obstetrics and gynecology. Expert witnesses, often experienced OB-GYNs themselves, are crucial in these cases, as they help to clarify the standard of care and how the defendant’s actions failed to meet it.
Beyond the medical analysis, establishing fault also involves a legal assessment of causation, which means proving that the injury would not have occurred if not for the healthcare provider’s breach of duty. In OB-GYN malpractice cases, this can be complex, as childbirth and gynecological procedures inherently carry risks. The legal team must differentiate between complications that are a known risk of a procedure and those that are a direct result of a deviation from standard care. Davis & Davis employs a comprehensive approach to build a strong case, underpinned by medical expertise and legal acumen, to ensure that victims receive justice and appropriate compensation for their injuries.
Recovering Compensation After Your Medical Malpractice Claim
Texas currently allows victims of medical malpractice to recover both economic and non-economic damages for their losses. This includes both the tangible and intangible costs of the injuries, including:
- Cost of past, present, and future medical bills
- Emergency hospital visits
- Any physical or rehabilitative therapy
- Lost wages due to the inability to work
- Assistive home devices
- Loss of enjoyment of life
- Scarring or disfigurement
- Emotional trauma
If your Houston OB-GYN malpractice attorney finds your injury is the direct result of gross negligence, we can help you recover punitive damages as well.
Schedule a Consultation With Davis & Davis Today
When entrusting your health and well-being to an OB-GYN, you expect a high level of care and expertise. However, there are instances where this trust is breached, resulting in OB-GYN malpractice that can lead to serious injuries or complications. At Davis & Davis, our team of seasoned OB-GYN malpractice attorneys in Houston provides you with the support and representation needed to focus on your recovery while our OB-GYN malpractice lawyers diligently fight for your rights.
Boasting over 70 years of experience in medical malpractice litigation in Houston, our law firm is adept at handling the intricacies of OB-GYN malpractice claims. Our Houston OB-GYN malpractice lawyers are committed to seeking justice for you, and you won’t face any legal fees unless we successfully resolve your case. Our expert team ensures you receive the competent and empathetic legal guidance you deserve. To begin a free, no-obligation consultation, contact us through our contact form or call our office at (888) 522-9444 to take the first step towards resolving your OB-GYN malpractice claim.