Atlanta Gynecological Malpractice Lawyer
Negligence by a gynecologist or OB-GYN can cause serious injuries and needless pain. Preventable errors can lead to incontinence, sterility, infection and even the death of the patient. If you or someone you love was harmed by an OB-GYN, our lawyers may be able to help you.
At the law firm of Hilley & Frieder in Atlanta, we represent people who have suffered life-changing injuries as a result of medical malpractice. By pursuing a medical malpractice claim, we can accomplish two goals. First, we can obtain compensation for the victim. Second, by holding medical providers accountable, we can help prevent similar injuries from happening to other people.
Common Examples Of Gynecological Malpractice
Gynecological malpractice can refer to any breach of the accepted minimum standard of care by a gynecologist, obstetrician, or another medical practitioner in charge of caring for a mother or baby. When the failure to use the correct amount of care results in an injury to the mother or a birth injury to the child, the impacted family can pursue financial compensation through a medical malpractice lawsuit in Georgia.
At Hilley & Frieder, our medical malpractice attorneys have decades of experience. We have the knowledge, resources and personnel to handle many different types of OB-GYN malpractice cases. The following are examples of gynecological injury cases we handle:
- Punctured bladder or other organs
- Infections caused by use of unsterile OB-GYN equipment
- Infections caused by use of a power morcellator
- Failure to diagnose ovarian, cervical or uterine cancer
- Labor and delivery errors
- Failure to read Pap smears or other tests
- Failure to properly perform tubal ligations
- Failure to test for HIV or other diseases when a patient is at risk
- Failure to remove uterine fibroids
These are all preventable errors by gynecological staff members that should not happen when a medical practitioner uses the correct or appropriate standard of patient care. Obstetrical injury cases can be extremely complex. Hospitals and OB-GYNs rarely admit mistakes. It usually takes the use of medical experts who can show that the OB-GYN did not follow best practices and that those errors led to your injury.
Proving Gynecological Medical Malpractice
In a medical malpractice case, the burden of proof lies with the plaintiff or filing party. The burden of proof is the need to establish the claim that is being made using evidence. In the civil justice system, the burden of proof is a preponderance of the evidence. This is a lesser evidentiary standard than proof beyond a reasonable doubt (the burden in a criminal case). A preponderance of the evidence means clear and convincing evidence that proves a gynecologist committed medical malpractice with a certainty of at least 51 percent.
Four key elements of proof must be established to win a gynecological medical malpractice case:
- A duty of care: A doctor-patient relationship must have existed between yourself and the defendant to create a duty to uphold the medical industry’s standards of patient care.
- Breach of duty: Evidence must exist that the OB-GYN breached or failed to live up to the required professional standards during your care.
- Causation: There must be a direct or significant link between the OB-GYN’s breach of the standard of care and your injury.
- Damages: Finally, you must have compensable damages. These are losses for which you are seeking financial compensation, such as medical expenses and pain and suffering.
The strength of your evidence will determine the outcome of your gynecological malpractice case in Atlanta. The evidence must be compelling enough to convince a jury that your version of events is more likely to be true than not true. The evidence that may be available to support your case includes medical records, gynecology expert testimony, nurses’ and doctors’ notes, diagnostic information and lab reports, treatment plans, administrative records, and eyewitness statements.
Compensation In Gynecology Malpractice Lawsuits
If your obstetrician or gynecologist made a grave error that inflicted serious harm on you or your child, no amount of money is enough to make up for the hardship that you’ve suffered. It is important, however, to fight for maximum compensation during your gynecology malpractice case so that your family can move forward. A fair and full settlement or judgment award can give your family the money it needs to pay for required medical care and rebuild your life.
At Hilley & Frieder, our lawyers will create a comprehensive list of your damages, or compensable losses, to pursue the best possible case results on your behalf. You may be entitled to compensation for several economic and noneconomic damages in a medical malpractice case, such as:
- Related medical bills (past and future)
- Lost wages and future earnings
- Permanent disability accommodations
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium
- Legal fees and court costs
- Punitive damages
Discuss the value of your medical malpractice case with an attorney before accepting an insurance settlement. While an insurance company may try to diminish the value of your claim to protect its own profits, an attorney will give you a fair and accurate estimation of how much your gynecological malpractice case is worth.
For More Information About Gynecological Errors, Contact Hilley & Frieder
Mia Frieder was the contributing attorney to this content.