Obstetricians and gynecologists (OB‑GYNs) help women through pregnancy, childbirth, and reproductive health. When these professionals make mistakes in Georgia, the consequences can be devastating.
OB‑GYN malpractice occurs when a doctor fails to adhere to accepted medical standards, causing harm to a mother or child. Because Georgia has strict deadlines for filing medical malpractice claims, understanding your rights and acting quickly is essential.
Common Types of OB‑GYN Malpractice
Medical malpractice is more than an unfortunate outcome; it involves negligent actions or omissions that another qualified physician would not make under similar circumstances. In OB‑GYN care, common forms of negligence include:
- Misdiagnosis or delayed diagnosis: Failing to detect ectopic pregnancy, preeclampsia, gestational diabetes, or fetal abnormalities. These errors can lead to worsening conditions, loss of fertility, or stillbirth.
- Failure to perform a timely Cesarean section (C‑section): Delaying a C‑section when the baby is in distress can result in oxygen deprivation and brain damage. Conversely, unnecessary C‑sections expose mothers to infection and a longer recovery.
- Surgical mistakes: Errors during a C‑section or hysterectomy, such as cutting nearby organs, leaving surgical sponges inside the body, or causing excessive bleeding.
- Medication errors: Administering the wrong drug or dosage, leading to allergic reactions, overdose, or insufficient anesthesia.
- Improper use of delivery tools: Mishandling forceps or vacuum extractors, which may cause skull fractures, nerve damage, or facial injuries.
- Failure to monitor fetal distress: Ignoring or misinterpreting fetal heart rate monitors that signal distress, delaying necessary interventions.
- Unsterilized equipment: Failing to maintain sterile conditions during exams or surgery, causing infections such as sepsis.
These errors can result in severe injuries. Babies may suffer shoulder dystocia, cerebral palsy, Erb’s palsy, broken bones, brain damage, or spinal cord injuries. Mothers may experience hemorrhage, infection, organ damage, or infertility. Tragically, some cases lead to the death of the mother or child.
Elements of an OB‑GYN Malpractice Case
To pursue a malpractice claim based on negligence, Georgia law requires proof of four elements:
- Duty of care: The OB‑GYN had a doctor‑patient relationship with you and owed a duty to provide competent care.
- Breach of duty: The doctor failed to meet the standard of care expected of a reasonably skilled OB‑GYN.
- Causation: The breach directly caused your injuries. Expert testimony typically links the doctor’s actions to the harm.
- Damages: You or your child suffered measurable harm, such as medical bills, long‑term disability, pain and suffering, or loss of life.
Evidence may include medical records, fetal monitoring strips, surgical notes, and testimony from other OB‑GYNs. Because births and surgeries often involve multiple providers—doctors, nurses, anesthesiologists, and hospitals—an attorney will investigate all potential defendants.
Georgia’s Statute of Limitations
Time limits are strict in Georgia. Generally, you have two years from the date of injury or death to file a malpractice lawsuit. Unlike many states, Georgia does not broadly apply a discovery rule, meaning the deadline typically begins when the negligent act or injury occurs—not when the mistake is discovered.
In addition to this deadline, Georgia law imposes a statute of repose that places an absolute time limit on medical malpractice claims. Regardless of when an injury is discovered, no malpractice action may be filed more than five years after the negligent act or omission occurred.
Safeguarding Mothers and Babies in Atlanta
When trust is broken in the delivery room or exam room in or around Atlanta, the consequences can last a lifetime. By understanding the common types of OB‑GYN malpractice and Georgia’s time limits for filing claims, you can take action to protect yourself and your family.
Remember to act promptly, gather evidence, and consult a knowledgeable malpractice lawyer. Your courage in seeking accountability may ensure safer care for future patients. To learn more, contact Malone Law Medical Malpractice and Severe Injury Lawyers today.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346