Gynecologist malpractice occurs when an obstetrician or staff member does not perform according to the accepted standards and practices of the medical community. Every pregnancy has the potential to develop complications, and how health care providers such as gynecologists react to the complications can alter the course of a patient's life and the life of her baby. A negligent or reckless response to some aspect of pregnancy or labor can create new complications or aggravate an existing complication. If you are harmed in this situation, you should consult the Ocala gynecologist malpractice lawyers at the Dean Law Firm.Holding a Gynecologist Accountable for Malpractice
There are many different types of gynecologist negligence during diagnosis, treatment, or postpartum care that may result in harm to a mother or child. Some common errors include failing to diagnose a problem, failing to identify a birth defect, making a misdiagnosis, failing to perform a C-section, performing an unnecessary surgery, improper use of forceps, failing to notice umbilical cord complications, or otherwise contributing to asphyxia and brain damage.
Sometimes the birth injuries that result from gynecologist malpractice are debilitating. They may include Erb's Palsy, cerebral palsy, Klumpke's Palsy, soft tissue damage, shoulder dystocia, brain injuries, facial paralysis, broken bones, spinal cord damage, or even the wrongful death of the mother or the baby. A mother may be harmed due to gynecologist malpractice that results in chorioamnionitis, Group B streptococcal infection, or excessive bleeding during labor.
To establish a claim, a gynecologist malpractice attorney at our Ocala firm will need to prove that the gynecologist was treating you and owed you a professional duty of care, the gynecologist breached the professional duty of care, actual and proximate causation, and actual damages. In most cases, you will need a credible and knowledgeable expert to establish what the professional duty of care was, which actions or omissions constituted a breach of that duty, and causation.
We will need to retain an expert even before filing suit. In Florida, the plaintiff needs to serve a notice of intent to sue on a gynecologist or other health care provider before suing in court. The plaintiff must obtain an affidavit from a medical professional that states the belief that there was medical malpractice. This notice of intent to sue triggers a 90-day settlement process during which the statute of limitations is tolled. When a health care provider states before 90 days are up that it does not want to settle, there are 60 days or the rest of the statute of limitations period to sue, whichever is longer. You can also receive another 90 days if you request time to determine whether there is a medical expert who will investigate your case.
If your Ocala gynecologist malpractice attorney is able to establish liability, you may be able to recover both economic and noneconomic losses. Economic losses are tangible losses, including past and future medical expenses, out-of-pocket costs, rehabilitation, lost wages, and replacement services. Noneconomic losses are generally intangible, undocumented losses, such as pain and suffering, mental anguish, and loss of consortium. The nature and extent of these damages can vary significantly. Sometimes, gynecologist malpractice results in injuries to the mother, as well as birth injuries to the newborn.
When either the mother or the baby dies as a result of gynecologist malpractice, the right of loved ones to recover damages is restricted and controlled by the Florida Wrongful Death Act. A spouse can recover compensation for noneconomic losses, such as pain and suffering, as well as economic losses, such as lost economic support and lost services. Children as well as blood relatives who are partially or fully dependent on the decedent for services and support can also recover for those losses. If children are under age 25 at the time of the death, they may also recover for noneconomic losses, such as loss of parental guidance and companionship.Consult an Experienced Gynecologist Malpractice Lawyer in Ocala
At the Dean Law Firm, our experienced trial attorneys may be able to sue a health care provider on your behalf if you or a loved one has been harmed by gynecologist malpractice. We serve patients and their families in Ocala, The Villages, Crystal River, and other communities in Citrus, Levy, Sumter, Marion, and Lake Counties. Contact us at 352-387-8700 or through our online form to set up a free consultation.