Pregnancy should be one of the happiest moments in a woman’s life. However, what should have been the best of memories can turn into a tragedy due to the negligent actions of a careless, reckless health care professional.
If you or a loved one was injured due to the negligent actions of an OB-GYN or another health care professional, we may be able to help. To learn more about your case in a free, confidential consultation, call Bennett and Heyman today at (410) 429-7856.
Can I Sue My Gynecologist for Medical Malpractice?
The short answer to this question is yes. However, whether you can file a claim against your gynecologist will depend on the specific circumstances surrounding your case. One of the essential elements in a medical malpractice case is proving the existence of a doctor-patient relationship. A doctor-patient relationship is born when a doctor agrees to treat you. This professional relationship must be clear. For instance, you cannot allege there was a doctor-patient relationship stemming from medical counseling given once given by a doctor.
Once you have established a doctor-patient relationship, you have to prove all the other elements associated with medical malpractice. The elements you will need to show as a plaintiff in a medical malpractice claim are:
Duty of Care
This is the first step in your medical malpractice claim. You will need to prove your doctor owed you a duty of care, which is their legal of obligation to provide reasonable medical care according to the standards of the profession. For instance, you will need to show that your gynecologist had the duty to exercise proper care when treating your condition.
Breach of Duty
As a plaintiff, you will also need to prove your doctor distanced himself or herself from the standards of reasonable care.
Causation is one of the most challenging elements to prove in medical malpractice cases. The difficulty lies in making sure the doctor’s breach of duty caused your injury and nothing else. Typically, the courts implement the “but for” test which states: but for the actions of your doctor, would you have suffered your injuries?
The final element in your medical malpractice case requires showing that you suffered losses as a consequence of your doctor’s actions or omissions.
If successful, the court will award you damages for things such as medical bills, lost wages, pain and suffering, and other damages.
Identifying Gynecological Surgical Malpractice
A gynecologist is not only in charge of answering any questions before, during, and after pregnancy, but is also responsible for performing any necessary surgery before, during, and after birth. Unfortunately, many OB-GYNS make mistakes that can put their patients at risk of suffering from a devastating injury or wrongful death. Some of the most common gynecological mistakes include:
Tubal Ligation Mistakes
Tubal ligation is one of the most effective sterilization processes used in the medical field. It is commonly used by women who do not wish to become pregnant after giving birth. It entails cutting or otherwise blocking the fallopian tubes. However, if an OB-GYN is careless and doesn’t perform the procedure correctly, it can have the opposite intended results. A skilled medical malpractice lawyer can help you hold the liable parties accountable for their mistakes.
C-section surgeries are common during birth. However, they can still have the potential for a severe, life-threatening injury if performed incorrectly. Having proper knowledge, training, and experience are essential in C-sections. If performed incorrectly, both the mother and the child may be in danger. Our skilled, seasoned gynecologic surgical malpractice attorneys can help you obtain compensation for the emotional distress caused by your OB-GYN.
Puncture Wounds and Perforations
Puncture wounds and perforations can happen during a surgical procedure such as a C-section. If a doctor is negligent or careless, he or she can cause puncture wounds or perforations in areas close to the abdomen or pelvis. You can obtain compensation after being injured by negligent, careless health care professionals. Our lawyers can help.
The Statute of Limitations for Medical Malpractice Claims in Maryland
There is a limited amount of time set forth by law to file your claim. This legal time limit is known as the statute of limitations. This statute promotes the presentation of timely claims while the memories are still fresh and the evidence is attainable. In Maryland, the statute of limitation for medical malpractice cases is three years from the discovery of the injury or 5 years from the injury, whichever happens earlier. If you miss this legal deadline and do not file your claim in time, you may be unable to obtain compensation for your losses.
Gynecologic Surgical Malpractice Lawyer Offering Free Consultations
If you or a loved one have been injured by the negligent actions or omissions of a health care professional, our Baltimore personal injury and medical malpractice attorneys can help. To discuss your case in a free, confidential consultation, call Bennett and Heyman, P.A. today at (410) 429-7856.