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We entrust OB/GYNs with the most intimate parts of women's bodies as well as bringing new life into the world. No wonder, then, that the topic of OB/GYN malpractice is so emotionally fraught.

Malpractice by OB/GYNs can include misdiagnosing an illness or birth defect, improper use of medical tools, wrongful drug prescription and more. When doctors make a gynecological mistake, they can cause injury or illness which lead to not only physical but also emotional suffering. Some mistakes lead to a lifetime of chronic pain, sexual dysfunction or infertility. If the doctor makes an obstetrical error, the results - permanent injury or a lost life - are almost indescribable.

The critical factor in OB/GYN malpractice is the same as any other medical malpractice suit - standard of care. To prove tort, the patient must show:

  • The physician owed a duty of care
  • The physician violated the applicable standard of care
  • The patient suffered a compensable injury
  • The injury was caused by substandard conduct

The majority of OB/GYN medical malpractice suits involve the birth of a neurologically impaired infant. Impairment often occurs before or during delivery because of fetal distress by a constricted umbilical cord, hemorrhage behind the placenta or intrauterine infection after prolonged rupture of the membranes. In 77 percent of these cases, doctors made a clinical judgment error. Miscommunication, faulty technique, inadequate documentation, administrative failure and ineffective supervision are other reasons for the patients' grievous injury.

Should OB/GYNs be sued for malpractice? Absolutely. Research shows that doctors with past records of malpractice continue to make mistakes and harm more patients.

  • 4.8% of doctors have paid two or more malpractice awards to patients and are responsible for 51% of malpractice awards
  • 1.7% of doctors have made three or more payments and are responsible for 27.5 percent of malpractice awards
  • 6,000 doctors in the United States have paid four or more malpractice claims

If you or a loved one has been the victim of an OB/GYN's negligence, don't let an incompetent health care professional get away with it again. Contact the Northern New Jersey Law Offices of Smith & Doran for the compassionate, reliable medical malpractice counsel you deserve.

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Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
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