Proper gynecological care sometimes requires surgery. Many procedures related to women’s health and gynecological care are somewhat risky and can result in serious injuries. Some of these complications are within the standard of care and are not considered negligent, but other complications are caused by doctors who fail to use the proper care and skill in treating their patients.
If you or a loved one suffered serious injuries while undergoing gynecological surgery, or if a loved one was killed because of negligent gynecological surgery, you may be entitled to file a medical malpractice claim against them. Prosper Shaked Accident Injury Attorneys PA’s Miami gynecological surgical malpractice lawyer offers free legal consultations to help you with your case and to help you learn more about what your claim might be worth. For your free consultation, call us today at (305) 694-2676.
Causes of Gynecological Surgery Errors and Mistakes
Surgery always carries risks of complications and errors that might cause the patient serious injuries. However, many of these issues are avoided by doctors who use the proper care and skill to keep their patients safe and get them the care they need. If your OBGYN fails to keep you safe by committing careless errors or mistakes, you may be entitled to compensation for your injuries. These mistakes and surgical errors can happen in many ways.
As mentioned, many gynecological procedures carry heightened risks of complications. Some of these surgeries are quite invasive and involve opening the patient to remove or repair body systems. Common gynecological surgical procedures include the following:
- Hysterectomy
- Tubal ligation
- Biopsies
- Ovarian cyst removal
- Endometrial ablation
- Abortion procedures
While not all of these require surgical incisions, these procedures each carry their own risks. Some procedures also carry general risks associated with surgery, such as injury from anesthesia errors, infection, and negligent administration of medication and postoperative care.
Your doctor is held to a legal standard known as a “standard of care” when providing any healthcare. This standard is determined by the medical community, and other physicians that perform similar procedures can usually be called upon to testify as to whether your care met those standards or not. If your care fell below the applicable standard of care, you should be able to prove that your care was “negligent,” and that your doctor should be found liable in a medical malpractice lawsuit.
However, sometimes surgery goes wrong, even with proper care. If there was no negligence involved in your case, you cannot typically sue for a bad outcome. Talk to a lawyer for help analyzing your case and understanding whether the care you received is considered medical malpractice.
Suing an OBGYN for Surgical Errors
If your OBGYN committed errors that caused you serious harm, you may be entitled to file a medical malpractice lawsuit against them. If the care that your wife or another family member received caused fatal complications, you may also be entitled to substantial compensation for their death.
Typically, surgical negligence lawsuits are filed against the physician directly, not necessarily against the hospital. Many OBGYNs are private practitioners, meaning that they work for their own practice, not the hospital. If this is the case, you would typically sue the doctor individually. However, if the doctor works for the hospital or hospital network, or if the hospital staff (such as nurses and orderlies) contributed to your negligent care, you may be able to sue the hospital as well as the doctor.
When filing a lawsuit, you will typically work with a medical malpractice attorney. Your lawyer can file your claim, collect evidence and perform depositions, argue your case in court, and fight to get you a settlement or award that properly compensates your case. It is typically important to work with a lawyer for a few reasons. First, your doctor will typically be covered by medical malpractice insurance, which will provide them with a skilled attorney of their own. Having your own lawyer can help protect you from unfair influence or low valuations of the case. Second, these cases are often quite complex. It is difficult to work through the case and the nuances of a medical negligence claim without practice and experience in that field. Third, your lawyer can help you navigate the legal and strategic nuances to help you get the outcome you deserve.
Ultimately, many injury lawsuits and wrongful death lawsuits end in a settlement. A settlement does not mean that you “gave up” in your claim, but instead, it typically means that the defendant gave up their defense and agreed to pay your damages without having to take the case to trial. It is often difficult to know if a settlement offer is high enough to cover your damages, and it is important to take your case to an experienced OBGYN malpractice lawyer before accepting any offers to settle. Our attorney can help you understand what your case is worth and whether a settlement properly covers your damages. If not, we can help you press your claim in court and fight to get you the compensation you deserve.
Call Our Miami Gynecological Surgery Malpractice Lawyer for a Free Consultation
If you or someone in your family underwent gynecological surgery and suffered serious injuries from surgical mistakes, contact Prosper Shaked Accident Injury Attorneys PA today. Our Miami gynecological surgery malpractice attorney represents patients and families in medical malpractice and wrongful death lawsuits to seek compensation for the negligent care they suffered. For a free legal consultation on your potential claim, call our law offices at (305) 694-2676.