Were you harmed because your gynecologist made a mistake in Atlanta, GA? OB-GYN negligence can lead to serious long-term damage.
If you were a victim of medical malpractice, an experienced Atlanta gynecologist malpractice lawyer at Malone Law can help. You may be entitled to compensation for medical bills, lost wages, and more.
Our lawyers have over 50 years of experience representing injured patients and their families. We’ve helped our clients recover hundreds of millions of dollars in compensation over the years.
We’re ready to help you fight for the fair compensation you deserve. Contact our offices in Atlanta, Georgia, or call (770) 390-7550 to schedule a free consultation today.
How Can the Medical Malpractice Lawyers at Malone Law Help With My Gynecologist Malpractice Claim in Atlanta, GA?
Medical malpractice cases are almost always difficult to prove. As the victim, you’re required to comply with detailed procedural rules. Judges and juries are often biased in favor of doctors.
You deserve an experienced Atlanta medical malpractice lawyer who knows how to overcome any obstacles you encounter. At Malone Law, we’ve been fighting for families like yours since back in 1965. Our trial lawyers have been listed among the Best Lawyers in America and recognized by Super Lawyers.
When you hire our AV-rated attorneys to represent you, we will:
- Offer sound legal advice and make sure you understand your legal options
- Investigate and compile evidence to support your case
- Hire respected expert witnesses to testify on your behalf
- Identify your losses and calculate the value of your case
- Negotiate with the insurance companies for a full settlement offer
- Fight to protect your rights in the courtroom if necessary
Our Atlanta medical malpractice attorneys are well-prepared to help you fight for the maximum compensation you deserve. To learn more about the benefits of hiring our team, contact us today for a free case review.
What is OB-GYN Malpractice in Georgia?
Gynecologist malpractice is a type of medical malpractice. All medical providers in Georgia are required to provide a certain level of care. That includes gynecologists and other specialists.
The care you receive must satisfy the medical standard of care developed within the medical community regardless of who is providing that care.
OB-GYN malpractice occurs when a gynecologist or obstetrician fails to provide the proper standard of care to a patient and injures them. When the doctor is negligent, they can be held liable for the damage they cause. Nurses, hospitals, and other healthcare professionals who were involved may also be liable.
How Common is Gynecologist Malpractice?
OBGYNs are one of the most commonly named defendants in medical malpractice lawsuits. As of 2021, about 80% of all OBGYNs report being named in at least one lawsuit during their career.
Medical negligence has the potential to cause significant harm. In the state of Georgia alone, medical malpractice insurance companies paid out $106,521,350 in insurance settlements during 2022.
We Handle All Types of Gynecologist Malpractice Claims in Atlanta
At Malone Law, we handle all types of OB-GYN malpractice claims, including those involving:
- Diagnostic failures, such as failure to identify a risk that can complicate labor and delivery
- Failure to diagnose cervical cancer, HPV, ovarian cancer, uterine cancer, or breast cancer
- Misdiagnosis
- Failure to order a C-Section when called for
- Performing an unnecessary C-Section that causes harm to the mother or baby
- Improper use of forceps, vacuum devices, and other labor-assist devices
- Failure to properly monitor a mother and fetus during pregnancy
- Failure to monitor a mother and baby during labor and delivery
- Failure to diagnose cancer and other diseases that can lead to an unnecessary hysterectomy
- Surgical errors
- Failure to provide proper post-operative care or instruction
- Failure to take a full patient medical history
- Failure to obtain informed consent
Were you injured because your gynecologist made a medical error? Contact our Atlanta gynecologist malpractice attorneys today. We’ll review your case for free and help you determine whether you have a valid claim for compensation.
What is My Atlanta Gynecologist Malpractice Case Worth?
Some of the most relevant factors in determining how much your malpractice claim is worth include:
- The severity of the injuries you have suffered
- The nature of the gynecologist’s mistake
- Whether you will suffer any long-term or permanent damage
- The cost of your medical treatment
- Whether the harm you have suffered impacts your earnings
- The strength of the evidence to support your claim
- The types of physical pain and emotional suffering you have endured
Doctors, hospitals, and their insurance companies have the resources to hire teams of defense attorneys. Those attorneys understand the Georgia medical malpractice laws inside and out. If your case is successful, they’ll still go to great lengths to minimize the amount of compensation they’re forced to pay.
It’s important to have an experienced attorney in your corner when you sit down at the negotiating table. Our Atlanta medical malpractice lawyers will carefully evaluate the facts of your case. We’ll bring in experts and specialists who can help us make sure that your case is properly valued.
What Compensation is Available to Victims of Gynecologist Malpractice in Atlanta, Georgia?
Like any car accident victim, victims of medical errors can seek compensation for all of their economic damages and non-economic damages.
If your case is successful, you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Rehabilitation
- Fertility treatments and specialized therapies
- Pain and suffering
- Emotional distress
- PTSD
- Anxiety
- Depression
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
Under prior Georgia law, non-economic damages were subject to a $350,000 cap against any single medical professional. However, the Georgia Supreme Court found that the cap on non-economic damages was unconstitutional.
Gynecologist Malpractice Can Cause Severe Long-Term Damage
Gynecological negligence can cause devastating harm to women and their children.
At Malone Law, we often handle gynecologist malpractice cases involving:
- Loss of fertility
- Cancer
- A worsened underlying condition
- Infant brain damage
- Birth injuries
- Cerebral palsy
- Paralysis
- Wrongful death
Gynecologist negligence can occur at any stage of medical care. It happens during pregnancies, labor, and delivery. It can also happen during routine care and annual screenings or in the treatment of chronic conditions.
Why Does Gynecologist Malpractice Happen?
Medical errors happen for all different reasons.
Some of the most common causes of gynecological errors include:
- Communication and charting errors
- Overworked doctors and understaffed hospitals
- Outdated medical equipment
- Inexperienced medical providers
- Failure to order the proper diagnostic tests
- Lab errors
- Failure to properly manage complications during pregnancy, labor, and delivery
Often, patients don’t know exactly why they were harmed. All they know is that they trusted their doctor to help them get better–and ended up much worse. Our medical malpractice attorneys in Atlanta will conduct our own investigation and gather evidence to determine why you’re now struggling with painful injuries and losses.
To learn more, just call our law firm to schedule a free case evaluation.
How Do I Prove My Gynecologist’s Negligence?
To establish your right to compensation, you’ll generally have to prove:
- The OBGYN owed you a legal duty of care (you were a patient)
- The medical standard of care that applied in your case
- The doctor made some type of error so that the care you received did not meet the standard of care
- The error caused you to suffer some type of harm
- The damages you sustained as a result
Under Georgia medical malpractice laws, your case will be dismissed if you fail to submit an affidavit prepared by an expert. That affidavit must contain the expert’s testimony about the factual basis for your lawsuit and your doctor’s negligent act or omission.
Medical experts can help our lawyers establish the medical standard of care that applies in your case.
Generally, that standard of care depends on:
- The nature of your medical condition
- Your age, overall health, and life expectancy when you sought treatment
The best way to prove your case is to hire an experienced attorney. With our legal team on your side, you’ll greatly improve your chances of walking away with the fair compensation you deserve.
How Long Do I Have to File a Gynecologist Malpractice Lawsuit in Georgia?
The statute of limitations in most medical malpractice cases is two years. Under Georgia law, you must generally file a medical malpractice claim within two years of the date that your injury occurred.
That said, the law gives patients more flexibility in medical malpractice cases. You’ll have two years from the date you knew or reasonably should have known about the medical mistake.
However, a statute of repose also applies. You must file your lawsuit within five years of the date the error occurred, regardless of when you discover the harm.
Contact an Experienced Atlanta Gynecologist Malpractice Lawyer for a Free Consultation Today
If you were a victim of medical negligence, you deserve to understand your legal rights and options. Contact Malone Law to learn more about how an experienced Atlanta gynecologist malpractice lawyer can help you prove your case.