An OB/GYN error refers to a medical mistake or negligence by an obstetrician-gynecologist (OB/GYN), a doctor specializing in women's reproductive health, pregnancy, and childbirth. These errors can occur during diagnosis, treatment, surgery, childbirth, or other gynecological procedures and may result in harm to the patient or baby.
When you have been the victim of a medical mistake, you may wonder what legal options are available. Injuries from an OB/GYN error can be addressed through an Ohio medical malpractice claim. You should speak with a Cleveland OB/GYN malpractice lawyer from The Becker Law Firm as soon as possible.
Damages for your physical and emotional injuries may be available, including your medical expenses, lost wages, pain and suffering, and any other losses.
Discuss your case with a Cleveland OB/GYN error attorney. Call 216-621-3000 or contact us online for a FREE consultation.
OB/GYN Errors Resulting from Negligence
Here are some common examples of OB/GYN errors:
- Lack of explanation: Neglecting to inform the patient about the health risks associated with a high-risk pregnancy.
- D&C errors: Puncturing an organ while performing a D&C.
- Uterine wall damage: Damage to the uterine walls as a result of arthroscopic surgery.
- Prenatal care: Improper prenatal care.
- Misdiagnosis or delayed diagnosis: Misdiagnosis of a medical condition. Failure to accurately identify or treat conditions like preeclampsia, gestational diabetes, or cervical cancer.
- Surgical errors: Mistakes during procedures such as C-sections, hysterectomies, or laparoscopic surgeries.
- Medication errors: Incorrect prescription, dosage, or administration of medications.
- Birth injuries: Harm to the baby during childbirth, such as cerebral palsy or nerve damage.
- Failure to obtain informed consent: Not adequately explaining the risks and benefits of a procedure to the patient.
There are other medical mistakes that can lead to serious, life-threatening injuries. They can also result in additional complications that require surgery and an extended stay in the hospital. Compensation could be available if the error was caused by medical negligence.
Consequences of OB/GYN Errors
Errors made by obstetricians and gynecologists can have severe and potentially life-altering consequences for both the patient and their unborn child.
For the Mother:
- Physical injuries: These can include nerve damage, organ damage, or even maternal death.
- Psychological trauma: The experience of a medical error can lead to significant emotional distress and long-term psychological consequences.
- Financial hardship: Medical errors can result in substantial medical bills, lost wages, and other financial burdens.
For the Unborn Child:
- Birth injuries: Errors during childbirth can lead to birth injuries such as cerebral palsy, brain damage, or physical deformities.
- Premature birth: Medical errors can sometimes result in preterm birth, which can have significant health consequences for the baby.
- Death: In the most severe cases, medical errors can lead to the death of the unborn child.
You may be entitled to pursue an Ohio medical malpractice claim stemming from an OB/GYN error. A Cleveland OB/GYN error lawyer can help with the filing of your claim, collection of evidence and anything else related to the claims process.
Ohio Statute of Limitations for an OB/GYN Claim
According to Ohio Revised Code Section 2305.113, there is a one-year statute of limitations for filing medical malpractice claims. This typically begins when the injury is discovered or reasonably should have been discovered but no later than four years from the date of the malpractice.
Compensation Available for OB/GYN Errors in Ohio
Many OB/GYN malpractice cases are settled out of court, but compensation varies based on negotiation and the strength of the case. In Ohio, if a patient suffers harm due to OB/GYN malpractice, they may be entitled to compensation through a medical malpractice lawsuit. The potential compensation, often referred to as damages, can cover various losses. Ohio law typically divides damages into three main categories:
Economic Damages
These are tangible, quantifiable costs related to the malpractice:
- Medical Expenses: Costs of past, current, and future medical care related to the injury, including surgery, rehabilitation, or ongoing treatment.
- Lost Wages: Compensation for the income lost due to time off work during recovery, or permanent inability to work.
- Loss of Earning Capacity: If the patient is unable to return to their previous employment or suffers a reduction in their ability to earn income.
Non-Economic Damages
These cover more subjective losses, such as:
- Pain and Suffering: Compensation for the physical pain and emotional suffering caused by the injury.
- Loss of Consortium: Compensation for the spouse or family members of the injured party for loss of companionship or intimacy.
- Disfigurement or Disability: Compensation for permanent injuries, scarring, or disabilities resulting from the malpractice.
Ohio Caps on Non-Economic Damages
Ohio places limits on non-economic damages in medical malpractice cases:
- $250,000 or three times the economic damages (whichever is greater), with a maximum of $350,000 per plaintiff or $500,000 per occurrence.
- In cases of catastrophic injury (like permanent disability or significant deformity), the cap increases to $500,000 per plaintiff or $1 million per occurrence.
Punitive Damages
In rare cases, if the malpractice involves gross negligence or reckless disregard for patient safety, punitive damages may be awarded. These are intended to punish the provider and deter similar future conduct. Ohio caps punitive damages at twice the amount of compensatory damages or 10% of the defendant’s net worth (with a maximum of $350,000).
Ohio law requires that an expert in the field (another OB/GYN) reviews the case to provide testimony supporting the malpractice claim.
Contacting a Cleveland OB/GYN Malpractice Lawyer
The team of Cleveland OB/GYN error lawyers at The Becker Law Firm serves residents of many cities in Ohio, including the Cleveland, Elyria, Cincinnati, Columbus, Dayton, and Toledo areas when they have been the victims of birth injury, catastrophic injury and wrongful death as the result of medical malpractice.
If you have questions about your rights and whether you have a viable OB/GYN malpractice case, please call 216-621-3000 or contact us online.
