We entrust OB/GYNs with the most intimate parts of women’s bodies as well as bringing new life into the world. No wonder, then, that the topic of OB/GYN malpractice is so emotionally fraught.
Malpractice by OB/GYNs can include misdiagnosing an illness or birth defect, improper use of medical tools, wrongful drug prescription and more. When doctors make a gynecological mistake, they can cause injury or illness which lead to not only physical but also emotional suffering. Some mistakes lead to a lifetime of chronic pain, sexual dysfunction or infertility. If the doctor makes an obstetrical error, the results — permanent injury or a lost life — are almost indescribable.
The critical factor in OB/GYN malpractice is the same as any other medical malpractice suit — standard of care. To prove tort, the patient must show:
- The physician owed a duty of care
- The physician violated the applicable standard of care
- The patient suffered a compensable injury
- The injury was caused by substandard conduct
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The majority of OB/GYN medical malpractice suits involve the birth of a neurologically impaired infant. Impairment often occurs before or during delivery because of fetal distress by a constricted umbilical cord, hemorrhage behind the placenta or intrauterine infection after prolonged rupture of the membranes. In 77 percent of these cases, doctors made a clinical judgment error. Miscommunication, faulty technique, inadequate documentation, administrative failure and ineffective supervision are other reasons for the patients’ grievous injury.
Should OB/GYNs be sued for malpractice? Absolutely. Research shows that doctors with past records of malpractice continue to make mistakes and harm more patients.
- 4.8% of doctors have paid two or more malpractice awards to patients and are responsible for 51% of malpractice awards
- 1.7% of doctors have made three or more payments and are responsible for 27.5 percent of malpractice awards
- 6,000 doctors in the United States have paid four or more malpractice claims
Date: May 10. 2013